We're UNUM, Inc. (or collectively "The Company"), a proud LA-native founded, California Company headquartered in sunny Los Angeles (come say hi if you're ever out in LA! We'd also love to share with you our go-to restaurants, bars, and spots in the city!).
When you storytell with us (or access our services, apps, and website (our Platform)), these terms apply. They are important for the both of us as they set out "what we expect from each other and they also give you helpful info. You can always find out more through our Members Care Team and Care Center — we love hearing from you, we're family, remember!?
We keep these terms updated and may add to or edit them every so often, so remember to circle back before you continue using our Platform as the latest version will apply.
To storytell with us, you need to:
Your UNUM account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Members (to make your UNUM experience aligned with you and and your story). If you open an account on behalf of a company, organization, or other entity, then (a) you "includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. By connecting to UNUM with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store necessary credentials for that service (so we can provide the expected experience for you in UNUM).
You may never use another User's account without permission (no one likes double dipping). We're excited that you want to use UNUM (who wouldn't), but you need to create your own account so we can make sure you have a perfect and customly catered experience that you expect (and deserve!). When creating your account, you must provide accurate and complete information (otherwise, how are we supposed to perform our contract with you!). You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Helpful tip: We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify UNUM immediately of any breach of security or unauthorized use of your account. UNUM will not be liable for any losses caused by any unauthorized use of your account.
You may control your Member's profile and how you interact with the Platform by changing the settings in your Account settings page. By providing UNUM your email address you consent to our using the email address to send you Platform-related notices, including any notices required by law, in lieu of communication by postal mail (we are a paperless forward company). We may also use your email address to send you other messages, such as changes to features of the Platform and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your Account settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers (and may leave you in a deep FOMO state, we wouldn't wish that on our worst enemy!).
We may make changes to the Platform, services, and features at anytime (that is the nature of software-based businesses and a real benefit for you and us! It means we can release more features, faster, and improve our overall service and Platform for you - queue the house party!). We may be able to create usage limits for the Platform. We may permanently or temporarily terminate or suspend your access to the Platform (including the right to cancel any hosted sites) without notice and liability for any reason. If that is ever the case (which we hope will never happen!) you will be bound to this Agreement.
Your content belongs to you.
Another way to say it — Your stuff is your stuff. No one else’s.
We are a design company full of creatives and storytellers -- we're on the same team. We know firsthand how much effort goes into your content, and we want to do everything in our power to help streamline your storytelling process, not hinder it. We cannot reiterate it enough that your story is yours. No one else's. That is what makes you, you. We are honored to play a small part in it and do not take this responsibility lightly.
These terms do not give us any rights to the content you share to the Platform, except for the rights we need to provide and promote the Platform, as detailed in the "User Content License Grant" section below. You may provide text, images, data, videos, audio, and/or other material, including third party content that you share using our Platform (We know we do at UNUM, which is why we've built features in our Platform to help make it easy to bring in content from anywhere!).
We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, we stand by and say that you should not and will not:
Post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable (use common sense); (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current (don't spread fake news - you're better than that), or (ix) misappropriates any property of another person or entity (do not use the Platform to share any content that is owned by someone else unless you have permission to share such content). You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. UNUM reserves the right, but is not obligated, to reject and/or remove any User Content that UNUM believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Platform is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
You are solely responsible for the User Content that you make available via the Platform or otherwise. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
If you wish to remove your User Content from the Platform, manually delete it from the Platform. If you are having difficulties performing this, feel free to go to our Care Center or reach out to the Members Care team.
By transmitting and submitting any User Content while using the Platform, you agree as follows:
Again, we do not claim ownership of your content, but by posting any User Content on the Platform, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to UNUM a royalty-free, sublicensable, transferable, non-exclusive, worldwide license (a) to use your User Content to deliver the Platform to you such as to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content including your or any third-party name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed (a.k.a. all the current features as well as all new features and services coming to you!), for use in connection with the Platform and UNUM's (and its successors' and affiliates') business, (b) including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels (bringing more awareness to our amazing and talented members, their stories, our community, and the Platform that helped play a small part in it. Like every family, we cannot help but brag about how talented you all are!). You can withdraw the license described in clause (b) above by providing us a notice at usercontentlicense@unum.la (please allow 90 days for such requests to be processed - we're a small but mighty team and have to wear a lot of hats so we appreciate your patience in advance!). The license granted under clause (a) may not be revoked by you (otherwise we wouldn't be able to perform our contract with you and give you the best possible Platform and Service experience this world has ever known!), except if you delete your account and remove the applicable User Content from the Platform (please reach out to us beforehand so we can help with any misunderstanding, we're a fun group and here to help).
If the features of the Platform allow you to remove or delete User Content from the Platform, the above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete such User Content from the Platform. Notwithstanding the foregoing, you understand and agree that UNUM may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted; provided that in certain cases, such as if User Content has been curated by UNUM for display on UNUM's Platform, featured on the UNUM channels, included in printed content, or otherwise used, the above licenses granted by you with respect to such User Content will not terminate and such User Content may continue to be used, displayed, distributed, and performed indefinitely. The above licenses granted by you in User Content for which the Platform does not provide you a means to delete or remove are perpetual and irrevocable. (Again, we're a dedicated and passionate group of creative people who are here to help and work through any misunderstandings).
Overview: We need to perform our services and contract with you. When you upload your Content, you grant us a license to use that content to provide our services and promote UNUM's businesses (for example, show your photos, tell your story, allow us to resize if need be for your screen size, feature you in the new features, etc.). These terms are standard by many companies (see any of your favorite or popular social media networks, software tools, social media scheduling platforms, etc.). We like to set the standard, so we went the extra mile and let you opt out of the UNUM business User License Grant clause, like member featuring, promotions, adverts, spotlights, etc. NDB. We like to think we're the unsung hero in these usually boring to read Terms and Conditions lol.
First and foremost,
We love what we do and hope we're able to make a living out of it. All we need is to keep the lights on, allow our team to put food on the table, and be able to grow our team so we can build faster, keep ahead of competition, and bring more amazing features to you!
Our vision is to make the storytelling process easy and simple for everyone. We know not everyone has the means to contribute financially to support the UNUM fam. We understand that firsthand (we're a startup, we know how tight finances can be). We will NEVER put that burden on you. So do not feel obligated by any means if you cannot provide the finances. We do our best to support every type of storyteller and provide them with a membership plan, but let us know if we should look into other membership types (Our Members Care team are all ears)! If you believe in our team, our community, and what we are building and are able to offer financial support -- please join a membership that works for you and brings the most value to your storytelling process. Thank you in advance for your support, you will never know how much that means to our team. Together, we are what makes the UNUM story come to life.
Premium features of the Platform will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the membership, with different pricing schemes for individuals and organizations.
UNUM reserves the right to determine pricing for the Service. UNUM will make reasonable efforts to keep pricing information published on the Platform and website up to date. We encourage you to check our Platform and website periodically for current pricing information. UNUM may change the fees for any feature of the Platform and its Services, including additional fees or charges, if UNUM gives you advance notice of changes before they apply. UNUM, at its sole discretion, may make promotional offers with different features and different pricing to any of UNUM's members. These promotional offers, unless made to you, will not apply to your offer or these Terms. Certain subscription offerings may include a free trial prior to charging your payment method. If you decide to unsubscribe from such a subscription before the Company starts charging your payment method, you must cancel the subscription before the free trial ends. Otherwise, you will be responsible for payment for the full term of the subscription.
You authorize UNUM to charge all sums for the orders that you make and any level of Platform you select as described in these Terms or published by UNUM, to the payment method specified in your account. If you pay any fees with a credit card, UNUM may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
The Service may include automatically recurring payments for periodic charges ("Subscription Service"). If you activate a Subscription Service, you authorize UNUM to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. For information on the "Subscription Fee", please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your Account Profile.
UNUM may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a troublemaker account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
We know it is obvious, but you must not misuse, alter, or tamper with our websites, apps, or other services ("Platform") (e.g. hack, introduce viruses, trojans, worms, reverse engineer, decompile, disassemble, decipher any portion of our Platform) or otherwise pollute our tech or functionality or steal our Members' data. Doing any of these things or similarly related activities may be a criminal offence (who wins in this scenario? Instead, together let's do good and make this world a better place -- one story at a time. Leave a positive impact on life, not a negative one!). Doing any of those malicious activities also gets in the way of giving our loyal UNUM members and community the best possible service, so we take any actions against them very seriously. UNUM will report any such breach or activity (and all the information about the people carrying it out) to the relevant law enforcement authorities.
Like eating healthy, working out, and taking your vitamins -- we recommend you use virus protection software when using any Platform, including ours. Although our team works hard to stop people messing with our Platform, we can't guarantee that it will always be secure from bugs, viruses, or trouble-makers.
Another point, you're not allowed to use automated systems or software to extract data from our Platform (known as ‘screen scraping'). Another way to look at it, you should not be accessing the Platform, Service or sending more requests messages to the UNUM servers than a person can reasonably produce in the same period of time.
Troublemakers take note: you agree to indemnify, defend and hold harmless UNUM, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of our Platform and services or your breach of the Terms and Conditions.
We work hard to make the unimaginable, a reality. We put 110% effort into every detail that makes up our Company and Platform. Please respect that. Like you, we're proud to own what we've created and built with our bare hands, our team, and our community.
Unless otherwise indicated, UNUM owns or has permission to use the intellectual property rights in its Platform and its content. Including, but not limited to all source code, databases, functionality, software, designs, audio, text, photographs, and graphics in the Platform. These rights are protected around the world (and Mars - you hear that Elon lol). All such rights are reserved.
You're allowed to store, print and display our Platform content only for your own personal use (for all the UNUM fam members who believe in us and support our mission, this is for you). You are not allowed to use any part of the Platform for commercial purposes unless you have our express permission.
You're also not allowed to use the UNUM logo or any other UNUM brand or trademark (or any marks which are similar) without our express permission.
You may choose to or we may invite you to submit feedback, modifications, suggestions, improvements, comments, ideas, or the like about our Company, Platform and services, including without limitation about how to improve the Platform or our other products or businesses ("Ideas"). You hereby grant to UNUM a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Ideas in connection with the Platform and any of UNUM's other products, technology, services, specification or other documentation.
It is fine for you to link to unum.la, as long as you do so in a way that is not-commercial, is fair and legal, and doesn't damage or take advantage of the reputation we've put our blood, sweat, and tears in building.
Although we might be flattered, please do not link in a way that suggests any form of approval or endorsement by UNUM where none exists. Reach out to us and we can start the conversation for one, but let's go through the right process, together.
Our Website and Platforms must not be framed on any other site without our permission.
We have all been there with an individual, company, ourselves even! Occasionally things do go wrong and you may want to get in touch with us. If that happens, please contact our Members Care team, they are happy to work with you to resolve any issues you're having with our Platform and services:
Have we reached out to you on social media, our Platform, or elsewhere to feature your content or story on our own Platform, social media channels, adverts, email, blog, or other UNUM community channels? Congrats! It means we love the story you tell.
If we haven't reached out personally, enjoy our fastpass opportunity to be featured: When you publicly share Content with #unumfam, you are entering into the opportunity for UNUM to feature your content on our Platform, social channels, adverts, and other mediums. You further agree:
You promise and confirm that all of the Content (including photographs, any buildings, any business and its name, all talent/people and their likeness + consent), are licensed or properly permissioned, will not infringe on anyone else's third party rights and has pass-through rights so is therefore cleared for use in UNUM's marketing and feature.
If you (or anyone in the Content) asks us to remove the Content, we will remove the Content from the social media accounts, Platforms, and channels we control.
You understand that other users of these social media platforms and channels can also share and make use of the Content once posted. In particular, a user of these platforms can take a screenshot of and save an image of the Content to their device, share the Content on social media platforms, SMS, or websites which feature the Content (and sharing capabilities). If you do not want to grant permissions set out above then please reach out to us and let us know (remember, we're people too!) if you do not give us consent to use the Content. We also made it so you can set and adjust this preference in Your UNUM Account's Page.
We have the right to amend, remove, or vary our services and/or any part of the Platform (including our Terms and Conditions) at any time (there is always ways for us to improve and make the best storytelling Platform imaginable!).
These terms and our dealings with you are subject to the laws of the State of California without regard to conflict of law principles. You and UNUM submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Ventura County, California for resolution of any lawsuit or court proceeding permitted under these Terms.
If we or the Platform provides professional information (for example, professional referrals, tutorials, guides, etc.), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service.
Opinions, advice, statements, offers, or other information or content made available through the Platform, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
The Company does not guarantee the accuracy, completeness, or usefulness of any information in the App and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends using the App. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone's reliance on information or other content posted using the Platform.
You should seek independent professional advice from a person who is qualified in the applicable area.
USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE AND OUR AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE PLATFORM OR THAT WE WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE PLATFORM ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE PLATFORM OR ANY CONTENT OBTAINED FROM THE PLATFORM. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE. WE ARE NOT RESPONSIBLE FOR ANY DISPUTES OR DISAGREEMENTS BETWEEN YOU AND ANY THIRD PARTY YOU INTERACT WITH USING THE PLATFORM. YOU ASSUME ALL RISK ASSOCIATED WITH DEALING WITH THIRD PARTIES. YOU AGREE TO RESOLVE DISPUTES DIRECTLY WITH THE OTHER PARTY. YOU RELEASE COMPANY OF ALL CLAIMS, DEMANDS, AND DAMAGES IN DISPUTES AMONG USERS OF THE PLATFORM. YOU ALSO AGREE NOT TO INVOLVE US IN SUCH DISPUTES. USE CAUTION AND COMMON SENSE WHEN USING THE PLATFORM.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, WE AND OUR AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE, GOODWILL, OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM OR ANY CONTENT PROVIDED BY OR THROUGH THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) YOUR USE OR INABILITY TO USE OUR PLATFORM; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PLATFORM RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM OUR PLATFORM; (iii) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE PLATFORM; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (v) ANY OTHER MATTER RELATING TO THE PLATFORM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY AND THE LIABILITY OF EACH OF OUR OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A COLLECTIVE MAXIMUM AMOUNT OF $25.
You agree to defend, indemnify, and hold harmless us and our affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from your use of the Platform, your connection to the Platform, your violation of these Terms of Service or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Platform.
Opinions, advice, statements, offers, or other information or content made available through the Platform, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
The Company does not guarantee the accuracy, completeness, or usefulness of any information in the App and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends using the App. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone's reliance on information or other content posted using the Platform.
You should seek independent professional advice from a person who is qualified in the applicable area.
These Terms and Conditions are governed by laws of the state of California, without respect to its conflict of laws principles and to the fullest extent permitted by applicable laws. These Terms and Conditions constitute the entire agreement between you and Company concerning your use of the Platform. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. The section titles and annotations in these Terms and Conditions and Privacy Policy are for convenience only and have no legal or contractual effect. Portions of the Platform may be accompanied by additional terms that apply to specific features or areas of the Platform. Those additional terms supplement these terms with respect to your use of those features or areas.
CLASS WAIVER, WAIVER OF JURY TRIAL, AND LAWSUIT TIME PERIOD. You also acknowledge and understand that to the fullest extent permitted by applicable law, with respect to any dispute with the us and/or our affiliates, suppliers, and partners arising out of or relating to your use of the Platform or these.
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Except as otherwise provided in this paragraph, any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Ventura County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Information about our fees can be found on our Platform and Website. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
