Terms of Service
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS, PROHIBITS CLASS ACTION CLAIMS, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES. PLEASE READ THESE TERMS CAREFULLY, WHICH CAN BE FOUND IN SECTION 19 THROUGH SECTION 23.
THERE TERMS ALSO CONTAIN OUR AUTOMATIC RENEWAL SUBSCRIPTION AND ITS RELATED CANCELLATION. PLEASE READ THESE TERMS CAREFULLY, WHICH CAN BE FOUND IN SECTION 11 AND SECTION 12.
If you have any questions about these Terms or need assistance, we encourage you to contact our Support team at firstname.lastname@example.org or visit our Contact Us page for other ways to connect with us.
1.2 “You” or “Subscriber” shall mean the individual who registered for or otherwise initiated the Services offered by Class Action IO and is assumed by Class Action IO to have the sole authority to administer the subscription. Subscriber shall refer to the purchaser of the Services provided by Class Action IO and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney and any entity or person who had authority to act on his or her behalf.
1.3 “Service” or “Services” shall mean any software or services provided by Class Action IO, including but not limited to its web-based search engine and email and print newsletter for the purpose of legal research and legal marketing solutions, as well as other products and services that are made available.
1.4 “Affiliate” means any corporation, firm, limited liability company, partnership, or other entity that directly or indirectly controls, is controlled by, or is under common control with Class Action IO, such as parent, subsidiary, or sister company. Claims against the Company subject to this Agreement include Claims against any Affiliate, or any officer, director, or employer (current or former) of Company or Affiliate, or any alleged predecessor, successor, or joint employer.
2.1. Class Action IO may amend this Agreement at any time and will provide notice of any such amendment, on Class Action IO’s website at www.Class Action IO.com and/or via email at the email address that we have for you. Your use of any Class Action IO Service after the effective date of any amendment shall constitute your consent to be bound by this Agreement as amended. In addition, by accepting or using any Class Action IO Service, you agree to periodically review this Agreement and be bound by any amendments to the Agreement.
3. Limited License & Use of the Service
3.1 Subscriber is granted a non-exclusive, non-transferable, limited license to access and use the Service.
3.2 Except for the non-exclusive license granted pursuant to this Agreement, Subscriber acknowledges and agrees that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with Class Action IO.
4. Your Information
4.1. You agree as follows:
- You will provide true, accurate, current, and complete information about yourself and/or your organization, as appropriate, as prompted by the Class Action IO registration form or any other form, including, but not limited to, your email address for notices and any other communications;
- You will maintain and promptly update the foregoing to keep it true, accurate, current, and complete;
- You will provide any other information that Class Action IO may request of you from time to time for purposes reasonably related to your use of the Class Action IO web site or Services.
- You will not use the Services for any purpose that is unlawful or contrary to this Agreement.
- You also may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of them.
- You may not attempt to gain unauthorized access to any Class Action IO account, computer systems or networks associated with the Services.
- You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not knowingly use the Service to upload, post, host, or transmit unsolicited bulk email “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
- You will not transfer your account to anyone without first getting Class Action IO’s written permission.
- You will use the Services only for appropriate, legal purposes, and in compliance with all applicable federal, state, and local laws and regulations.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of the Services, such as a denial of service attack or interference with page rendering or other Services functionality.
- You may not extract information and services provided by Class Action IO by automated means; unattended automated methods of extractions are prohibited, and Class Action IO reserves the right to inhibit continuous automated network extraction.
4.2 You agree to not use the Services:
- To in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries), whether intentionally or unintentionally.
- To violate the privacy rights of any third party, whether under federal, state, local or international law or regulation.
- To make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content.
- To threaten another, incite violence, or promote illegal activity;
- To promote or endorses drug use, child pornography, or other illegal activities.
- To transmit hate speech, nudity, or graphic or gratuitous violence.
- To make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- To make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- To interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services
- To impersonate another person or entity or misrepresent your affiliation with a person or entity.
- To transmit the private information of any third party, including but not limited to addresses, phone numbers, email addresses, social security numbers.
4.3 If Class Action IO determines, in its sole discretion, that you have committed any of the foregoing, we reserve the right (but not the obligation) to terminate your access to the Services
5 User Affirmations and Declarations
5.1. By using any Class Action IO Service, you represent, affirm and declare that (i) you will adhere to the laws and regulations of the jurisdiction in which you are conducting business through Class Action IO and that you are subject to civil and criminal penalties should you violate those laws and regulations; and (ii) you understand that any information provided by Class Action IO to you in the course of performing the Services may be derived from third party databases with respect to which Class Action IO has no control, and that Class Action IO shall have no liability whatsoever with respect to such information, including, without limitation, in the event any such information is inaccurate, out of date, contains errors or omissions, or is otherwise incorrect in any way. Class Action IO is not responsible for notifying you of changes to court rules. At no time shall any contact between you and Class Action IO constitute the giving of legal advice by Class Action IO.
5.2. You will provide Class Action IO with accurate, complete and updated identification and contact information, including name, address, email address, facsimile number and, where applicable, bar number. Class Action IO is not responsible for and will have no liability for identifying case members or case participants to a specific case file or for failure of delivery of materials because of incorrect contact information.
5.3. You will confirm and ensure that Class Action IO communications are not identified as spam. Class Action IO shall have no liability for the failure of service or receipt of documents. You hereby agree to indemnify and will indemnify Class Action IO from and against all losses, claims, and expenses (including attorneys’ fees and costs) arising out of or relating to your failure to take necessary steps to ensure that Class Action IO communications are not identified as spam.
5.4. You understand and agree that Class Action IO may disburse third-party fees, including, but not limited to fees API fees, advertising fees or other fees charged on your behalf (collectively, “Third Party Fees”) on your behalf in connection with the Services. By using the Services, you will be deemed to have requested Class Action IO to disburse such fees and agree to repay such disbursements on the terms and conditions set forth in this Agreement and the applicable invoice.
5.5. You will prevent the contamination of your computer systems and files, and of the Class Action IO Services by software viruses, worms or other malicious code. At a minimum, you will install, upgrade and use of commercial virus detection software to scan files and documents transmitted to and/or received from Class Action IO.
6. Intellectual Property
6.1. You agree to respect the intellectual property rights of Class Action IO and of others. Intellectual property laws protect some of the Services, including, but not limited to, our underlying technology and software. Class Action IO reserves all rights not expressly granted in this Agreement. You agree not to reverse engineer, reverse assemble, or otherwise attempt to discover any source code from the Class Action IO web site or to use any network monitoring or discovery software to determine the site architecture or extract information about usage, individual identities or users. You agree not to duplicate (other than for your records), modify, sell, distribute, or create derivative works based on any part of the Class Action IO Services, and you agree not to attempt to transfer any of your rights under this Agreement. You also agree not to access the Services by any means other than through the interface that is provided by Class Action IO on the web site. Class Action IO has the right to monitor your use of the Class Action IO website to assure compliance with these Terms of Service.
6.2. Class Action IO has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act.
6.3. If you believe that materials that have been posted on the Class Action IO website have copied your work in a way that constitutes copyright infringement, please provide Class Action IO’s Copyright Agent (identified below) the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of where (by URL and physical description) the material that you claim is infringing is located on the Website.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
6.4. Upon our receipt of a takedown notice materially complying with all of these requirements, Class Action IO will respond with its evaluation of whether to remove the identified materials and/or will remove, or cause to be removed the identified materials.
6.5. Notices to Class Action IO regarding any alleged copyright infringement should be directed to: email@example.com
7. Access to the Service
7.1 The only individual that is only permitted to access and use the Service is if he/she is the Subscriber. Subscribers are required to provide their full legal name, a valid email address, and any other information reasonably requested by the Service.
7.2 Each Subscriber will be provided with a unique identifier to access and use the Service (“Username”). The Username shall only be used by the Subscriber to whom it is assigned, and shall not be shared with, or used by any other person, including other Subscribers.
7.3 The individual who registers for the Services shall be the Subscriber. Any Subscriber shall be deemed to have the authority to manage his or her subscription. The Subscriber will cancel their subscription if he or she wishes to terminate the subscription to the Services.
7.4 All access to and use of the Services via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.
7.5 Class Action IO reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice, except that Class Action IO shall provide Subscriber with 30-days notice of any modification that materially reduces the functionality of the Service. Continued use of the Service following any modification constitutes Subscriber’s acceptance of the modification.
7.6 Class Action IO reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide no less than two business days notice prior to any such suspension. Such notice shall be provided to you in advance through way of notification within the Service, email or other notification method deemed appropriate by Class Action IO. Further, Class Action IO shall endeavor to confine planned operational suspensions with a best effort to minimize disruption to the Subscriber, but reserves the ability to temporarily suspend operations without notice at any time to complete necessary repairs. In the event of a temporary suspension, Class Action IO will use the same notification methods listed in this section to provide updates as to the nature and duration of any temporary suspension.
7.7 Class Action IO uses one code-base for all jurisdictions. Subscriber is required, using settings available within the Service, to configure the Service for its own jurisdiction and to verify that the settings meet the Subscriber’s requirements. Class Action IO will highlight known features that may require Subscriber review.
8. Control of Website
8.1. Class Action IO has sole control over the use of the Class Action IO web site and Class Action IO Services and has the right to prohibit or remove any materials or communications for any reason or no reason.
9. Agreement to Electronic Transactions
9.1. You agree that all of your transactions with or through Class Action IO will be conducted electronically.
10. Password Protection
10.1. You are responsible for maintaining the confidentiality of the password that you will choose as part of the registration process for the Services (the “Password”). You agree to be liable for all uses of your Password whether or not actually authorized by you, including, but not limited to uses of your Password to enter the web site and payment of filing or other fees to Class Action IO or to others. You should not give your Password to anyone who is not authorized to take actions on your behalf.
11. Payment, Refunds, and Subscription Changes
11.1 Subscribers with paid subscriptions will provide Class Action IO with a valid credit card for payment of the applicable subscription fees. All subscription fees are exclusive of all federal, state, provincial, municipal, or other taxes which Subscribers agree to pay based on where the Subscriber is located. Invoices will include (i) subscription fees and (ii) all applicable sales taxes, as amended from time to time, for the jurisdiction in which the Subscriber is located. In the event of updated tax rates, Class Action IO will apply the new tax rate without notice to the Subscriber. In addition to any fees, the Subscriber may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges.
11.2 Subscribers with monthly paying subscriptions will be charged upon the expiration of any applicable free trial period. Subscriptions canceled prior to the expiration of any trial period, will not be charged. Monthly Subscribers will thereafter be charged in advance approximately each 30 days. These charges will continue until Subscriber cancels his or her subscription (see below instructions on how to cancel). All charges are final and non-refundable.
11.3 No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving the removal of a Subscriber.
11.4 There are no charges for canceling a subscription and paying subscriptions canceled prior to the end of their current billing cycle will not be charged again in the following cycle.
11.5 The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades.
11.6 All prices are subject to change upon notice. Such notice will typically be provided by an update of these Terms, or by an email message to the Subscriber, or in the form of an announcement on the Services.
11.7 Subscriber is responsible for paying all taxes associated with the subscription to the Service. If Class Action IO has the legal obligation to pay or collect taxes for which Subscriber is responsible under this section, the appropriate amount shall be charged to and paid by Subscriber, unless Subscriber provides Class Action IO with a valid tax exemption certificate authorized by the appropriate taxing authority.
11.8 Any and all payments by or on account of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any taxes. If the Subscriber is required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, Class Action IO receives an amount equal to the sum it would have received had no such deduction or withholding been made.
11.9 You may subscribe to different subscription packages, including Individual, Business and Enterprise. Each subscription package contains different limitations on the features provided within the Services, including but not limited to how many Searches may be performed and how many Overlapping Case Dingers may be set up. For example, the Business subscription package presently offers a limitation of 500 Searches and 5 Overlapping Case Dingers. Each time a user performs a Search, up to 10 search results will be displayed. 1 Search will be deducted any time a Subscriber clicks the “Search” button, or any time a Subscriber clicks the “Next” button to view additional Searches. 1 Overlapping Case Dinger will be deducted any time a Subscriber sets up a Dinger. Users may delete previously set up Dingers in order to increase the availability of additional Dingers. The subscription packages are further described at https://classaction.io/plans-and-pricing/.
Class Action IO reserves the right to change these subscription packages and/or definitions of features provided within the Services at any time. Notice of changes to these subscription packages will be provided by either updating these Terms, email notification to Subscribers, or by other reasonable publication.
12. Cancellation and Termination
12.1 Subscribers are solely responsible for canceling subscriptions. A Subscriber may cancel their subscription at any time by logging into their registered account at classaction.io, going to the Subscription tab located within the Dashboard of their account, then clicking the appropriate “Cancel” button on the page. Subscribers may also request cancellation at any time via email to firstname.lastname@example.org, or through our Contact Us page located at https://classaction.io/contact/.
12.2 Class Action IO in its sole discretion has the right to suspend or discontinue providing the Services to any Subscriber without notice for actions that are (a) in material violation of this Agreement and (b) create a Security Emergency.
12.3 If (i) Subscribers use the Services to materially violate this Agreement in a way that does not create a Security Emergency; (ii) Class Action IO provides Subscriber with commercially reasonable notice of this violation; (iii) Class Action IO uses commercially reasonable efforts to discuss and resolve the violation with Subscriber; and (iv) despite the foregoing, the violation is not resolved to Class Action IO’s reasonable satisfaction within thirty (30) days of such notice, then Class Action IO reserves the right to suspend access to the Service.
13.1. Class Action IO may at any time, at our sole discretion, update and revise this Agreement (including the types and amounts of Fees). Class Action IO will notify you of any material change(s) in this Agreement and or Fees by posting the proposed change(s) on the Class Action IO web site. Any changes that Class Action IO makes to this Agreement will be effective immediately upon posting, except that we will provide thirty days prior notice for changes to Fees. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this Agreement.
13.2. Class Action IO also reserves the right to modify, add or discontinue features, functionality, performance and/or capabilities of the Class Action IO Services, without advance notice for normal maintenance and enhancements, and to modify or update the Class Action IO Services documentation located on the web site. Fees pertaining to enhanced and/or new features, functionality or performance will be effective immediately upon release of such features.
13.3. The continued use of Class Action IO Services by you or your agents, if applicable, after such notice will constitute acceptance of the change. If you object to such modifications, your sole recourse will be discontinuance of your use of Class Action IO Services.
14. Services Provided As Is – No Warranties
14.1. You agree that your use of Class Action IO Services, your Class Action IO Account and information on the web site is at your own and sole risk. All Services are provided on an “AS IS” and “AS AVAILABLE” basis. Class Action IO disclaims all warranties and duties of any kind, express, implied or statutory, including, but not limited to, any implied warranties of merchantability or fitness for a specific purpose, non-infringement or title, duties of workman-like effort, or lack of negligence.
14.2. Class Action IO assumes no responsibility for errors or omissions on its web site and is not responsible in any way for the functionality, specifications, or any other aspect thereof. Class Action IO does not guarantee continuous, uninterrupted or secure access to Class Action IO Services, your Class Action IO Account or that defects in its web site will be corrected.
14.3. Class Action IO reserves the right at any time and without prior notice to change the hours of operation to limit your access to Class Action IO in order to perform repairs, make modifications as a result of circumstances beyond the reasonable control of Class Action IO and to add or withdraw products or features to or from Class Action IO at any time. You are responsible for implementing sufficient procedures to satisfy your particular requirements for protection of your system and/or accuracy of data, and for maintaining a means of reconstruction of lost data.
14.4. Without limiting the above, you agree that neither Class Action IO nor any of its parent corporations, subsidiaries, partners, employees, independent contractors, officers, directors, attorneys, agents, affiliates, representatives, successors and/or assigns (each an “Class Action IO Party”; collectively the Class Action IO Parties) makes any warranties or undertakes any duties regarding, without limitation, the following:
- infringement of title or quiet enjoyment;
- functionality, including functionality of search or retrieval software;
- content, format, accuracy, completeness, or completion of forms;
- receipt (timely or otherwise), approval and/or processing of documents by courts and/or any other government agencies;
- appropriateness or propriety of documents handled with respect to any Services;
- timeliness of Services;
- uninterrupted, secure, error or virus-free Services or storage;
- adequacy of fees paid to courts and/or other government agencies;
- any alteration or destruction of a document resulting from third parties’ unauthorized access to or use of Class Action IO’s website (e.g., computer hackers); and
- any losses or damages or alteration of a document or information on any party’s computer system or elsewhere resulting from the transmission of computer “viruses” or other damaging or destructive software or software components by or through Class Action IO.
14.5. Class Action IO is not responsible for and shall have no liability for (i) identifying documents to be included in a case file, for the failure of documents to be included in a case file or for the completeness of a case file document library or case service lists; or (ii) the accuracy or completeness of case service lists identified on any of its Class Action IO sites or Services; or (iii) the accuracy of information provided by the Court to Class Action IO or any actions Class Action IO takes based upon that information, or (iv) the content of any documents that are posted or distributed via its Services or in any case file.
14.6. With respect to filing documents with the court, you are solely responsible for transmitting documents correctly and in a timely fashion, for confirming the filing charges on the receipt, and for checking and responding to notifications, email or otherwise, for rejected filings or documents. If you do not receive confirmation within (3) days (or before the expiration of any filing or service deadline) documenting the completion of your assignment, it is your responsibility to immediately contact Class Action IO and provide details of the document transmission, including the original filing or service receipt, which was generated at the time the filing or service was performed by Class Action IO, to enable Class Action IO to determine what action should be taken, and if necessary to manually file and serve such documents before the expiration of any applicable deadline. You waive and release any claims based upon errors, defaults, or omissions if you fail to provide notice and/or resubmit to the Court or otherwise comply with this paragraph.
14.7. By uploading content to or submitting any materials, you grant (or warrant that the owner of such rights has expressly granted) Class Action IO a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, distribute, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout this universe; provided that Class Action IO may only exercise the foregoing right and license (a) in connection with its operation and maintenance of the Class Action IO web site and/or the provision of related goods and services to authorized users and/or their designees, and in compliance with applicable laws and regulations, and/or (b) to comply with or satisfy applicable court rules or procedures.
14.8. Links to Other Websites. The Services (including each Class Action IO website) may contain links and pointers to other World Wide Web sites and resources, including links to and from the Website from or to other websites or locations maintained by third parties. Such links do not constitute an endorsement by Class Action IO of any such third-party website or content. Class Action IO is not responsible for the availability of these third-party resources or their contents. You should direct any concerns regarding any external link to the website administrator or webmaster of the applicable third-party website or location.
15. No Incidental or Consequential Damages
15.1. To the fullest extent allowed by applicable law, you agree that none of the Class Action IO Parties will be liable to you, your successors, agents, heirs or assigns, and/or any other person or entity for general, special, incidental, consequential, indirect, exemplary or punitive damages of any kind, including, but not limited to, those damages resulting from loss of use, data, sales, goodwill, or profits, failure to meet any duty (including good faith or reasonable care) whether or not Class Action IO has been advised of the possibility, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise arising out of the use of the Class Action IO web site or Services or the termination of your use of the Class Action IO web site and Services.
15.2. You expressly agree and acknowledge that none of the Class Action IO parties shall any liability whatsoever with respect to any actions or omissions by any court and/or other government agencies with whom any Class Action IO party interacts in connection with the Services. In particular, none of the Class Action IO parties shall have any liability with respect to any court and/or Government agency’s failure to provide accurate information to any Class Action IO party (including but not limited to whether a filing party is entitled to a fee waiver), or to properly or timely receive, file, or process any documents or other materials transmitted by any Class Action IO party on your behalf.
15.3. No Class Action IO party shall be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of any Services, including of any Class Action IO website, content, comments, or any third-party communications. Class Action IO shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever (including, without limitation, attorney’s fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the Services, including any website, , content, , or any third-party communications.
16. Limitation of Liability
16.1. You agree that your sole remedy for any breach of this Agreement by Class Action IO or any of the Class Action IO Parties shall, at the option and sole discretion of Class Action IO, be the following: (i) correction of any Service causing you damage; or (ii) refund of the amount you paid for the particular use of the Service that caused damages incurred by you in reasonable reliance on the Service. You also agree that the damage exclusions and this limitation of liability shall apply even if any remedy of its essential purpose fails.
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE AND OUR AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. WE AND OUR AFFILIATED ENTITIES DO NOT WARRANT THAT THE SERVICES AND DATA PROCESSED THROUGH THE SERVICES ARE SECURE, ACCURATE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF ANY OF THESE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU OR ARE VOID WITH RESPECT TO YOU UNDER ANY APPLICABLE LAWS OR REGULATIONS, THE RESPECTIVE WARRANTIES THAT CANNOT BE EXCLUDED ARE LIMITED TO THE SHORTER OF (A) 90 DAYS FROM THE DATE OF FIRST PURCHASE OR FIRST DELIVERY OF THE SERVICES, AND (B) THE SHORTEST PERIOD PERMITTED BY THOSE LAWS AND REGULATIONS.
(b) WE AND OUR AFFILIATED ENTITIES DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AND CUMULATIVE LIABILITY OVER THE LIFE OF THIS AGREEMENT, TOGETHER WITH THE TOTAL AND CUMULATIVE LIABILITY OF OUR AFFILIATED ENTITIES OVER THE LIFE OF THIS AGREEMENT, FOR ALL CLAIMS, BREACHES AND ALL OTHER LIABILITIES ARISING OUT OF OR OTHERWISE RELATING TO THIS AGREEMENT AND THE SERVICES, TO YOU AND TO ALL OTHER PARTIES DIRECTLY OR INDIRECTLY AFFILIATED WITH YOU OR WITH THE RESPECTIVE CLAIMS SHALL BE LIMITED AT EACH POINT IN TIME TO THE NET AMOUNT THAT WE RECEIVED FROM YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH POINT IN TIME. EXCEPT TO THE EXTENT THAT APPLICABLE LAWS DO NOT PERMIT THIS DISCLAIMER, WE AND OUR AFFILIATED ENTITIES ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, DATA CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF PROFITS OR INVESTMENT.
(d) THIS AGREEMENT SETS FORTH OUR ENTIRE LIABILITY, AND THE ENTIRE LIABILITY OF OUR AFFILIATED ENTITIES, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND THIS AGREEMENT.
17.1. You agree to indemnify, defend, protect, and hold harmless all of the Class Action IO Parties from and against all losses, claims, and expenses (including attorneys’ fees and costs) arising out of or relating to:
- your breach of any terms of this Agreement;
- the determination by a jurisdiction that you have improperly utilized the Services of Class Action IO to violate the laws and regulations of the jurisdiction;
- your use of the Class Action IO Services or your failure to pay any sums due Class Action IO or any local government; or
- your omissions or supplying inaccurate, out of date, erroneous or otherwise incorrect information as well as any action taken by you as a direct or indirect result of the information displayed on the Class Action IO web site.
18.1 Subscriber acknowledges and agrees that Class Action IO may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
18.2 The Services may allow you to access or use or integrate with third party providers of products and services (“Third Party Services”). Such Third Party Services are not “Services” under this Agreement and are not subject to any terms related to Services, including related warranties, indemnities, service commitments or other obligations . The availability of any Third Party Services through the Services does not imply Class Action IO’s endorsement of or affiliation with the provider. Access to and use of any Third Party Services are subject to the separate terms and conditions required by the providers of the Third Party Services. Class Action IO does not control the Third Party Services and will have no liability to Subscriber in connection with any Third Party Service. Class Action IO has no obligation to monitor or maintain any Third Party Service and may replace, disable or restrict access to any Third Party Service or cancel related integrations at any time, without notice. BY USING OR ENABLING ANY THIRD PARTY SERVICE, SUBSCRIBER EXPRESSLY ACKNOWLEDGES THAT ANY LIABILITY AND REMEDIES RELATED TO A THIRD PARTY SERVICE IS WHOLLY GOVERNED BY THE APPLICABLE THIRD PARTY AGREEMENT AND CLASS ACTION IO DISCLAIMS ALL LIABILITY RELATED TO SUCH THIRD PARTY SERVICE.
18.3 Subscriber acknowledges the risk that information and the Content stored and transmitted electronically through the Service may be intercepted by third parties. Subscriber agrees to accept that risk and will not hold Class Action IO liable for any loss, damage, or injury resulting from the interception of information.
18.4 The failure of either party to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
18.5 This Agreement constitutes the entire agreement between Subscribers and Class Action IO and governs Subscribers use of the Service, superseding any prior agreements between Subscribers and Class Action IO (including, but not limited to, any prior versions of this agreement).
18.6 Class Action IO reserves the right to amend this Agreement. In the event of material changes to the Agreement, Class Action IO will notify Subscribers, by email, or by other reasonable means of these changes prior to their enactment. Continued use of the Service by the Subscriber after reasonable notice will be considered acceptance of any new terms.
18.7 Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (which consent shall not be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety without consent of the other party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets provided the assignee has agreed to be bound by all of the terms of this Agreement. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this Section shall be void and of no effect.
18.8 Governing Law and Venue. This Agreement and your relationship with Class Action IO shall be governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with, the laws applicable in the province of British Columbia, Canada and shall be considered to have been made and accepted in British Columbia, Canada, without regard to its conflict of law provisions. All disputes under this Agreement will be resolved by the courts of British Columbia in Vancouver, and Subscribers consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and legal fees.
19.1. Class Action IO and you agree to exclusively arbitrate all disputes and claims arising in connection with this Agreement and/or the Services. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before this Agreement or any prior agreement was adopted; (iii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (iv) claims that may arise after any termination or expiration of this Agreement.
19.2. You agree, by entering into these Terms of Service, that you and Class Action IO each are waiving the right to a trial by jury or to participate in a class action. These Terms of Service evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service.
20. Notice of disputes
20.1. For all disputes and claims, you must first give Class Action IO an opportunity to resolve your dispute or claim by sending a written Notice of Dispute (the “Notice”) to Class Action IO at the following address: Office for Dispute Resolution, Class Action IO, 9440 Santa Monica Blvd., Ste. #301, Beverly Hills, CA 90210. The Notice must (a) describe the nature and basis of the dispute or claim and (b) set forth the specific relief sought (a “Demand”). If Class Action IO and you do not reach an agreement to resolve the dispute or claim within 30 days after Notice is received, you or Class Action IO may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Class Action IO or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Class Action IO is entitled.
20.2. The arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service and will be administered by the AAA. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator is bound by the terms of these Terms of Service. 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 these Terms of Service, including but not limited to, any claim that all or any part of these Terms of Service are void or voidable. The payment of all AAA filing, administration and arbitrator fees for any arbitration initiated hereunder will be governed by the AAA Rules.
21. Class Action Waiver
21.1. You and Class Action IO agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. This, however, does not prevent the arbitrator from consolidating more than one person’s claims in a non-class action arbitration proceeding.
21.2. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
22. Jury Trial Waiver
22.1. If a claim proceeds in court for any reason (e.g., if an arbitrator has deemed this arbitration agreement to be invalid or for any other reason not contemplated), rather than through arbitration, both you and Class Action IO each waive any right to a jury trial.
23. Governing Law; Jurisdiction
23.1. This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions.
24. Force Majeure
24.1. Class Action IO shall not be responsible for delays or failure in performance resulting from acts beyond its reasonable control. Such acts shall include but not be limited to acts of God, war, riot, actual or threatened acts of terrorism, pandemics or other widespread health crisis, labor stoppages, governmental actions, fires, floods, utility failures and earthquakes.
25. Third Party Rights
25.1. The provisions in this Agreement are for the sole benefit of you, the Class Action IO Parties and the assigns of Class Action IO and shall not inure to the benefit of any other person either as a third-party beneficiary or otherwise.
26.1. You may not assign any of your rights or delegate any of your duties under this Agreement without the prior written consent of Class Action IO. Class Action IO may assign any of its rights or delegate any of its duties hereunder to any party whatsoever.
27.1. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the unenforceability of any provision shall not affect the enforceability of any other provision of this Agreement.
28.1. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver of the right of such party to assert or rely upon such provision or right in any other instance.
29. Miscellaneous; Entire Agreement
30.1. You certify that you have read and understand this Agreement and state that you agree to be bound by the terms and conditions contained in this Agreement. You agree to comply with all city, county, state and federal laws and ordinances relating to the Class Action IO Services.