Terms and Conditions
Terms and Conditions
Tukel, Inc | Accounting is a brand of Tukel, Inc. We, as Tukel, Inc. (“Tukel, Inc.”, “Tukel, Inc | Accounting”,” “we,” “us,” or “our”) provide visitors (“Visitors”) access to the "Websites" (tukelinc.com, cicekailem.com, tukelinc.co) subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you.
If you do not agree to any of these Terms and Conditions, then please do not use the Websites.
Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service or program or course through one of our Websites, is agreeing to the terms of this Agreement and the "Terms and Conditions of Purchase" (which may be specific to certain product/s, service/s, program/s or course/s) with respect to such product or service. In the event of any conflict between the terms of this Agreement and the “Terms and Conditions of Purchase”, the "Terms and Conditions of Purchase" shall be effective.
The sections below titled “Binding arbitration” and “Class action waiver” affect your legal rights and we encourage you to read them carefully.
We provide Visitors and Registered Users with access to the Services as described below.
Visitors are people who do not register with us, but want to visit and explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us, contact us from the information or forms available in The Website and (iii) where applicable and allowed by site admins, post visitor comments, images or other content collectively referred as "Visitor Content"
Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Websites - they are referred as "Client"; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Tukel, Inc., Accounting community.
Tukel, Inc may create a community and eligible visitors and / or registered users may become part of the community, including content publicly available in the Websites.
- By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
- You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
- You will not upload, post, email, transmit or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not spam or use the Websites to engage in any commercial activities;
- If you post any Registered User Content, you will stay on topic;
- You will not access or use the Websites to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
- You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about the inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.
The Websites are only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
4. Unique Identifies, Sign-in Information:
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name and/or email (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”).
When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Tukel, Inc will not be liable for any loss or damage caused by any unauthorized use of your account.
5. Subscriptions, fees, and payments
As consideration for any purchase you make on the Websites, you shall pay Tukel, Inc. all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.
If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, or your own payment vehicle (such as credit card) is at a jurisdiction with another currency than U.S. dollars, all payments may be charged and made in your local currency. We are not responsible for any conversion cost from U.S. dollars to your local currency.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Tukel, Inc. to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Promotions and bonuses
From time to time, the Company may offer bonuses to individuals/organizations who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.
6. Intellectual Property
The Websites contain material, such as blog posts, checklists, videos, course/training content, plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Tukel, Inc. (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download (only if explicitly available) onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than explicitly stated above, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Websites), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Tukel, Inc. Tukel, Inc. retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Tukel, Inc. and/or Tukel, Inc Accounting (the “Tukel, Inc. Trademarks”) used and displayed on the Websites are registered and unregistered trademarks or service marks of Tukel, Inc. Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Tukel, Inc. Trademarks, the “Trademarks”). Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Tukel, Inc. Trademarks inure to our benefit.
Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
7. Licenses and Registered Users:
As noted above, the Websites provide Visitors or Registered Users the ability to post and upload Visitor Content or Registered User Content. You expressly acknowledge and agree that once you submit your Visitor Content or Registered User Content for inclusion into the Websites, it will be accessible by others and that there is no confidentiality or privacy with respect to such Visitor Content or Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT Tukel, Inc., ACCOUNTING ARM, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR VISITOR CONTENT and/or REGISTERED USER CONTENT.
You retain all copyrights and other intellectual property rights in and to your own Visitor Content and Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sub-licensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for-profit) your Visitor content and / or Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Visitor Content and / or Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Visitor / Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, Tukel, Inc., Accounting, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Visitor / Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
If you submit Visitor / Registered User Content to us, each such submission constitutes a representation and warranty to Tukel, Inc. that such Visitor / Registered User Content is your original creation (or that you otherwise have the right to provide the Visitor / Registered User Content), that you have the rights necessary to grant the license to the Visitor / Registered User Content under the prior paragraph, and that it and its use by Tukel, Inc. and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
Although we encourage you to email us at [email protected], we do not want you to, and you should not email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
9. Limitations of Liability, No Warranties:
The websites and the content are provided on an “as is” and “as available” basis without any warranties of any kind, including that The Websites will operate error-free or that the websites, their servers, or the content are free of computer viruses or similar contamination or destructive features.
To the maximum extent permitted by applicable laws:
We shall not be subject to liability for any delays or interruptions of the website from whatever cause, and you agree that
- You use the content and the websites at your own risk;
- We disclaim all warranties, including, but not limited to, warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade;
- We shall not be liable for any damages whatsoever (including, without limitation, direct, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to access and use the websites or the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
If your use of the websites or the content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs unless required by applicable laws.
The websites may contain technical inaccuracies or typographical errors or omissions. unless required by applicable laws, we are not responsible for any such typographical, technical, or pricing errors listed on the websites. the websites may contain information on certain products and services, not all of which are available in every location. a reference to a product or service on the websites does not imply that such product or service is or will be available in your location. we reserve the right to make changes, corrections, and/or improvements to the websites at any time without notice.
10. Connections and external sites
The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk. Our references to external sites may be subject to our Earnings Disclaimer.
11. Representations, Warranties, and Indemnification
If you are a Registered User, you hereby represent, warrant, and covenant that:
- You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or another proprietary, privacy, and publicity rights in and to your Registered User Content and any other works that you incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
- Use of your Registered User in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
- You shall not submit to the Website any Registered User Content that violates our Community Guidelines set forth above or any other term of this Agreement.
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from:
- Your breach of this Agreement;
- Your access to, use or misuse of the Content or the Websites; and/or
- Your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right.
We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
12. Paying Customer ("Client") rights and obligations:
Tukel, Inc. agrees to provide the program or service or course (herein referred to as “Program”) identified in an online commerce shopping cart to the Paying Customer (a sub-set of "Registered User" and referred to as "Client").
As a condition of participating in the Program, Client agrees to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference and all those that Registered Users are subject to.
As part of the Program, the Company shall provide the following to the Client:
A Password Protected Program Area:
The Company shall maintain a Program Area that will include video, audio, and written lessons, templates, worksheets, checklists, slide decks and other training and support information. The Client shall have access to this Program Area for as long as stated in the shopping cart. In the event that Company intends to close the Program Area, it shall provide the Client with a 30-day notice and the ability to download the resources contained in the Program Area if the full duration of the committed access can not be provided.
Program Participant Community:
If committed in the shopping cart, The Company shall create and maintain a Community (which can be a closed Facebook group or Linkedin Group or another platform) for students of the Program (“the Program Community”). The Program Community shall be open for the duration of committed access in the shopping cart. This is a community-run group, meaning that students / the Clients are encouraged to help each other and there is no commitment from Tukel, Inc (or Consultant) to actively participate unless stated in the Shopping Cart. At the completion of paying customer's access period to the Program Community, the Company shall automatically remove the Client from this community/group. The Company has the right to close this Community with 30 days notice but commits to keep an alternative communication channel open until the end of the committed duration of access.
Client understands Cenk Tukel or any instructor of any Program (herein referred to as “Consultant”) is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant unless explicitly stated in the Program area or in the about section of the Consultant.
Client understands that the Consultant has not promised, shall not be obligated to and will not;
- Procure or attempt to procure employment or business or sales for Client;
- Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto;
- Act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy;
- Act as a public relations manager;
- Act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client;
- Introduce Paying Customer to Consultant’s network of contacts, media partners or business partners.
The client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties wish to continue their relationship, they shall execute a separate agreement.
You, as the Client, agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of the use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
Earnings Disclaimer for Clients
Every effort has been made to accurately represent each Program, Course, Service, Product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook or Linkedin, nor have they been reviewed tested or certified by Facebook or Linkedin.
There is no guarantee that you will earn any money using the techniques and ideas in these Programs. Examples in these Programs are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas, and techniques. We do not position this product as a “get rich scheme.”
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas, and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact, no guarantees are made that you will achieve any results from our ideas and techniques in our material
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company (or its Consultants delivering the Program/s) including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
13. Compliance with applicable laws
The Websites are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
14. Termination of the agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability.
15. Digital Millennium Copyright Act
Tukel, Inc. respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
We act as our own agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement, which may be given under that Act is as follows:
10685-B Hazelhurst Dr. #21626, 77043 Houston, Texas, USA
If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including
- a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located;
- a description of the location of the original or an authorized copy of the copyrighted work;
- 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 information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
16. Controlling law
This Agreement and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
17. Binding arbitration
In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites (each, a “Dispute”),
Visitor and/or Registered User agrees that it is his / her responsibility to first contact Tukel, Inc via email at [email protected] or by mail to the Company address and try to resolve the Dispute in good faith by direct informal communication with the Company.
If the Dispute is not resolved within 30 days of the first notice as per above, either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. If either party chooses arbitration, neither party shall have the right to litigate such claim in court or to have a jury trial, except either party may bring its claim in its local small claims court, if permitted by that small claims court rules and if within such court’s jurisdiction. arbitration is different from the court, and discovery and appeal rights may also be limited in arbitration. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 18 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
18. Class action waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law,
- No arbitration or proceeding shall be joined with any other;
- There is no right or authority for any Dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and
- There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will, therefore, be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Delaware, for purposes of any such action by us.
You agree that, unless contrary to any applicable law, any cause of action arising out of or related to the websites, the content, or this agreement must be commenced by you within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect with the above stated 19 sections.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire agreement between you and us with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
2093 PHILADELPHIA PIKE #2108
Email Address: [email protected]
- March 23, 2020
- November 11, 2019