eCarrot’s Terms of Service
PLEASE READ THESE TERMS CAREFULLY. BY USING OUR SERVICES OR ACCESSING OUR WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS, POLICIES AND CONDITIONS DESCRIBED HEREIN.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS POLICIES AND CONDITIONS, DO NOT USE OUR SERVICE OR SITE.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
eBravium, Inc. (the Company) is pleased to provide to you its sites, software, applications, content, products and services (“Services”). These terms govern your use and our provision of the Services on which these terms are posted, as well as our Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the our Services.
Contract between You and Company
This is a contract between you and eBravium, a Delaware corporation located at 100 N. Arlington Avenue Ste. 100 Reno, Nevada 89501, USA, or between you and any different service provider identified for a particular Service. You must read and agree to these terms before using our Services. If you do not agree, you may not use our Services. These terms describe the limited basis on which our Services are available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through our Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Services. If you do not agree to any change to these terms, you must discontinue using our Services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to our Services) if you fail to comply with any provision of these terms.
The eBravium Services
Our Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes. To support smooth operation of our Services across wide geographic areas, aspects of certain activities, such as game play, may be simulated to avoid delays.
Our Services are our patent pending, copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in our Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of our Services may be used or exploited in any way other than as part of our Services offered to you. You may own the physical media on which elements of our Services are delivered to you, but we retain full and complete ownership of the Services. We do not transfer title to any portion of our Services to you.
You represent and warrant that:
- All of your registration and account information is true, accurate and complete.
- You will maintain the security of your password.
- You accept all responsibility for all activity that occurs under your user name.
- Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your account or suspension of your account.
eBravium, Inc. respects your rights and does not wish to censor any text and other materials (collectively “Content”) you may use or create in connection with the Site and/or the Service. eBravium, Inc. has established the rules set forth below with respect to Content. Please note that these rules do not create any third party rights or create any private right of action, but may be enforced solely by eBravium, Inc. in its sole discretion. eBravium, Inc. may review, but does not have the obligation to review any Content. The decision by eBravium, Inc. not to take action to enforce these rules in a particular instance will not be considered a waiver of any right to do so in the future or in other situations.
By using the Site and/or the Service, you acknowledge and agree that:
- All Content that you posted on or transmitted through the Site, is your sole responsibility.
- Under no circumstances will eBravium, Inc. be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site and/or the Service.
- If you post Content to the Service, unless we indicate otherwise, you grant eBravium, Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content in connection with: (i) providing and promoting the Service; and/or (ii) exercising the rights granted in these Terms.
- You may not upload, publish, post, distribute or disseminate any Content that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
- You may not upload, publish post, distribute or disseminate any Content that is otherwise deemed as pornographic and/or obscene by eBravium, Inc..
- You may not upload, publish, post, distribute or disseminate any Content that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age and/or sexual orientation/gender identity.
- You may not upload, publish, post, distribute or disseminate any Content that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others.
- You may not upload, publish, post, distribute or disseminate any Content that is protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents.
- You may not upload, publish, post, distribute or disseminate any unauthorized private, confidential and personal information about others.
- You may not upload, publish, post, distribute or disseminate any Content that is used for unlawful purposes or for the promotion of dangerous and illegal activities.
- Your use of the Service and all Content you posted on, transmitted through or linked from the Site and/or the Mobile applications is in compliance with the rules set forth in these Terms and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.
The Service and all content and other materials on the Site and Mobile, including, but not limited to, the beats and other musical effects provided via the Site and Mobile, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the “Materials”) are our property or that of our licensors or users and are protected by United States and/or international copyright laws.
Limited License and Restrictions
We grant you a limited, non-sublicensable, non-exclusive and revocable license to access and make use of the Site, eCarrot and the Materials solely in accordance with, and subject to, these Terms and any other of our policies as posted on the Site. Except as otherwise expressly permitted by these Terms, you may not: (i) collect, use, copy or distribute any portion of the Site or the Materials; (ii) resell, publicly perform or publicly display any portion of the Site or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the Site, the Mobile applications or the Materials; (iv) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) use the Site in a manner which results in the depletion of Web site infrastructural resources; (vi) download (other than page caching) any portion of the Site, the Materials or any information contained therein; or (vii) use the Site or the Materials other than for their intended purposes.
Third Party Sites and Content
We may host or provide links to Web pages, Web sites and other content of third parties (“Third Party Sites and Content”). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Web site or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Web site to which you navigate from the Site.
Advertisements and Promotions; Third Party Services
We may run advertisements and promotions from third parties on the Service or may otherwise provide information or links to third party services on the Service. Your business dealings or correspondence with, or participation in promotions of our advertisers and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third party advertisers or third party information on the Site.
Content and Software License
If a Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any Service; decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Service in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through our Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
Disclaimer of Warranties
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SITE, THE MOBILE APPLICATIONS, THE MATERIALS AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT THE SITE, THE MATERIALS OR ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE, THE MOBILE APPLICATIONS, THE MATERIALS AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.
Limitation of Liability
IN NO EVENT WILL: (I) ECARROT INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE MOBILE APPLICATIONS, THE MATERIALS AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE MOBILE APPLICATIONS, THE MATERIALS AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE OR THE SITE EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF THE SERVICE (NOT YOUR PAYMENT FOR ANY SERVICES PROVIDED BY US).
Indemnification and Release
You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents, attorneys, advertisers and employees (collectively, the “Indemnified Parties”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against a Indemnified Party, whether successful or not, resulting from or arising in connection with: (i) your use of the Site, the Mobile applications, the Materials and/or the Service; (ii) your conduct; (iii) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); and/or (iii) any Content you upload to, posted on, create on, transmitted through or linked from the Site.
Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms (including, but not limited to, your right to use the Service) and to block or prevent your access to and use of the Service for any or no reason.
Notwithstanding any terms to the contrary in these Terms, eBravium, Inc. may choose to electronically deliver all communications with you, which may include: (i) email to your email address indicated in your communications with eBravioum, Inc. or upon registration with the Service; or (ii) posting messages that are displayed to you when you log in to or access the Service. eBravium, Inc.’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with eBravium, Inc., and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.
Notices and Procedure for Making Claims of Copyright Infringement
If you believe that anything on the Service infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Address of Designated Agent to Which Notification Should be Sent:
100 N. Arlington Suite 100
Reno, NV, 89501
E-Mail Address of Designated Agent: email@example.com
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Service, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, eBravium, Inc. has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of eBravium, Inc., account holders who are deemed to be repeat infringers. eBravium, Inc. may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIS SERVICE IS NOT MEANT FOR MINORS. We are committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Service is not intended for and may not be used by children under the age of 13. We do not knowingly collect information from children under the age of 13 and we do not target the Site to children under 13.
If you believe there is a violation of these Terms and you would like to report it to us, please direct the information to firstname.lastname@example.org. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.
Updates to Terms of Service
We reserve the right to change or modify any provisions of these Terms and any policies or guidelines governing your use of the Service, at any time in our sole discretion and without liability to you. Any such changes or modifications will be effective immediately upon posting of revisions on the Service. Your continued use of the Service following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Site in order to understand the terms and conditions applicable to your use of the Service. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines, your sole recourse is to stop using the Service.
Changes to the eBravium Services
Our Services are constantly evolving and will change over time. If we make a material change to our Services, we will provide you with reasonable notice and you will be entitled to terminate this contract.
Additional Restrictions on Use of the eBravium Services
We do not allow uses of our Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Service or connected network, or interfere with any person or entity’s use or enjoyment of any Service. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify a Service or game experience to create an advantage for one user over another. Additionally, you agree not to access, monitor or copy any element of our Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Services and Content
If you access a Service using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of our Services. You agree that your access to our Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
When you access our Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Services may be prohibited or restricted by your network provider and not all Services may work with your network provider or device.
User Generated Content
Our Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with our Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Some Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use our Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving our Services.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality in our Services. Virtual items (including characters and character names) or in-game currency purchased or available to you in our Services can only be used in connection with our Services where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of our Services for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.
Submissions and Unsolicited Ideas Policies
Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
Binding Arbitration and Class Action Waiver
You and eBravium agree to arbitrate all disputes between you and eBravium or its affiliates, except disputes relating to the enforcement of eBravium or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning our Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a dispute, you or eBravium must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to eBravium, 100 N. Arlington Ave. Ste 100, Reno, Nevada 89501, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and eBravium will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration.
If you and eBravium do not resolve a dispute by informal negotiation, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
the arbitrator issues you an award that is less than the value of our last written settlement offer made before an arbitration, then you will pay you the amount of our are legal fees (including expert witness fees and costs). You waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
If you are a resident of the United States, arbitration will take place in Reno, Nevada. For residents outside the United States, arbitration shall be initiated in San Francisco, Cailifornia, United States of America, and you and eBravium agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor eBravium will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.