Last updated: 21 November 2021
The Offerings, as defined below, are owned by the Company, as defined below, and controlled, operated and administered by the Administrator, as defined below. All inquiries may be directed to firstname.lastname@example.org.
By accessing and continuing use of the Offerings, you represent and warrant that you have read, understood, consent, and agree to abide by the rules and obligations within these Terms. If you are younger than 18 years of age, you are forbidden from accessing, or using, any of the Offerings.
The form and nature of the Offerings, and all information posted on the Sites are subject to change without notice. In addition, these Terms may be changed, altered or modified at any time without prior notice. Company will make such changes by posting them here. You should check this page periodically for such changes. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms. Your continued access of the Sites after such changes conclusively demonstrates your acceptance of those changes.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Sites, with or without notice; charge fees in connection with the use of the Offerings; modify and/or waive any fees charged in connection with the Offerings; and/or offer opportunities to some or all users of the Offerings. In these Terms, “Affiliated Entities” means any direct or indirect parents, subsidiaries, sponsors, or affiliates of Company. You agree that neither we nor any Affiliated Entities shall be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, in whole or in part, or of any Service, information and materials contained herein, software used to make the Sites, or feature or product offered through the Sites.
THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. WE WANT TO LET YOU KNOW THAT THE TERMS INCLUDE AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.
1. ACCOUNT CREATIONS
1. To access certain Offerings, including, without limitation, payment using credit cards or other forms of electronic payment you may be asked to provide certain registration details or other information.
2. To create an Account to access certain Services, you must:
- Be at least 18 years of age to register
- Not transfer any part of your Account (e.g., connections); and
- Comply with all obligations as set out in these Terms and in any applicable laws
3. Your Account belongs to you and you are solely responsible for anything that happens through your Account, unless otherwise for the reasons of closure, hacks, or misuse. For the purposes of this Section 1.3, it shall be the sole responsibility of the user to avoid any unauthorized use or access of the Account.
5. The Company reserves the right, at its discretion, to refuse your application for registration, disable any user name, password or other identifier, whether chosen by you or provided by us, if you have violated any provision of these Terms.
2. PARTY COMMUNICATIONS
1. Notices to you may be made via posting to the Site, by e-mail, by regular mail, (in the latter thwo situations, via the most recent address that we have on file).
2. By visiting the Site or by sending emails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Additional terms
1. If you choose to access particular Services that are available via the Site, you may be provided with separate terms and conditions (“Additional Terms”) related to and in addition to these Terms at the time you chose to access said particular Service. Some of the Additional Terms you will be provided with when accessing your chosen service may supersede these Terms and these will be drawn to your attention, where applicable. Access to and use of relevant Services shall be limited to the specified users identified in the Additional Terms for each Service.
2. You may not use the Site or receive relevant Services except as expressly provided for in these Terms. By accessing all or any part of the Site and/ or the Services, you fully accept and agree to comply with all these Terms as set out here and/ or any Additional Terms as specified.
4. CHANGES TO OUR SITE
We reserve the right, in our sole discretion, to modify, suspend, withdraw, discontinue and/ or change all together any aspect of the Site, without notice. Save where expressly stated otherwise in any Additional Terms, we will not be liable to you, if for any reason the Site is unavailable, or is withdrawn at any time, or for any period. Please note that where any of the content on the Site may be out of date, that we are under no obligation to update it.
5. INTELLECTUAL PROPERTY
1. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned and controlled by us or are licensed and/ or assigned to us, and are protected by trademark and intellectual property law and unfair competition and practices legislations in appropriate jurisdictions. The content and Marks are provided on the Site “AS IS” for your information and used in accordance with these Terms only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduces, aggregated, republishes, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited or for any commercial purpose whatsoever, without our express prior written permission.
2. Provided that you are eligible to use the Site, you are granted, a limited license to access any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms (see Section 10 below) or in the text on the Site without the written permission of Company. Company neither warrants nor represents that your use of materials displayed on Company’s Sites will not infringe rights of third parties not owned by or affiliated with Company. Images, photographs, or illustrations displayed on the Site are either the property of, or used with permission by, Company. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
4. PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE) MAY IN PARTICULAR JURISDICTIONS RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
6. LIMITED LICENSE
1. Subject to these Terms, we grant you a limited individual, nonexclusive, non-transferable, revocable license to access and use the Site and Services in such form, as they may exist from time to time. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks
2. Subject to these Terms, you may use the Site for your personal, non-commercial use only. You must not reproduce,
distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or
transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution; and
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- a. You must not:
- Modify copies of any materials from this Site;
- Republish any part of the Site on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service;
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; and
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.
3. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
7. PROHIBITED ACTIVITIES
7.1 You may only use the Amenities for lawful purposes. You must not use the Amenities:
- In any way that breaches any applicable local, national or international law or regulation, and/ or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- Misuse our system or this Site. In particular, you must not damage, disable, disrupt, hack into, unduly burden, circumvent security or otherwise disrupt the operation and security related features of our system and/ or the Site, or attempt to carry out any of the foregoing, in any way for any reason. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful;
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Amenities or copy or adapt the Offering’s software in anyway;
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
- Make any unauthorized use of the Site or creating user Accounts by automated means or under false pretenses;
- Use or attempt to use any automated program (including, without limitation, any spider, web crawler, data mining, robots, or similar data gathering and extraction tools) and/ or scraping technology to access our system or this Site. Any such use or attempted use of an automated program and/ or scraping technology shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs and/ or scraping technology is strictly unauthorized;
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Harass, annoy, intimidate, or threaten any other users or our employees or agents engaged in providing any portion of the Site to you;
- Use the Site in a manner inconsistent with any applicable laws or regulations;
8. INTERNATIONAL USERS
8.1 The Offerings are owned by the Company and managed, operated and administered by the Administrator from its offices within the Emirate of Dubai in the United Arab Emirates and is not intended to subject Company or Administrator to the laws or jurisdiction of any state, country or territory other than that of the Company and Administrator. Company does not represent or warrant that the Sites or any part thereof is appropriate or available for use in any particular jurisdiction other than the United Arab Emirates. Those who choose to access the Sites do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to the United Arab Emirate’s export controls and are responsible for any violations of such controls, including without limitation any United Arab Emirate’s embargoes or other federal rules and regulations restricting exports. Company may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
9. WEBSITES WE LINK TO
9.1 This Site contains links to websites operated by third-parties. We have no control over their individual content. We give no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third-party website linked from this Site, you do so at your own risk
9.2 Please note that payment methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments in connection with the payment services, and Company is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
9.3 YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING BY WAY OF ILLUSTRATION AND NOT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
10. LINKING TO OUR SITE
10.1 You must not include links to this Sites in any other Sites without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other Sites any “deep link” to any page on this Sites. You may link to our home page at https://kombatchain.com and pages within the Sites provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. Our Sites must not be framed on any other website. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice and without giving a reason.
11. YOUR REPRESENTATIONS & WARRANTIES
11.1 You represent and warrant that you are at least 18 years of age.
11.2 You represent and warrant that you possess the legal authority to enter these Terms and to use the Amenities in accordance with all terms and conditions herein.
11.3 You represent and warrant that all personal data provided by you in connection with the Amenities is up to date, complete, accurate and true. In case of a change, you undertake to provide us notice in a timely manner. You authorize us to verify the accuracy of the personal data that you have provided to create your Account, and any other information you provide to us. You undertake to cooperate with us during such verification process.
11.4 Where you register for an Account with us, you represent and warrant the following:
- Each registration is for a single user only;
- You undertake that all information provided by you for the purposes of registering with us is correct, accurate and complete;
- You agree not to provide any other person with access to this Site or any part of the Site with your credentials;
- You accept sole responsibility for keeping your registration and Account information confidential and you must not disclose it to any other person or entity;
- You accept sole responsibility for the use of your Account, which is for your personal use only and will be held responsible for any unauthorized use of your Account;
- You agree to ensure that you exit from your Account at the end of each session; and
- You will notify us immediately of any unauthorized use of them or any other breach of security of this Site of which you become aware.
12. COMPANY’S REPRESENTATIONS & WARRANTIES
ALL AMENITIES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.OTHER THAN A COMMITMENT TO PERFORM THE SERVICES AS DESCRIBED WITHIN THESE TERMS, TO THE EXTENT PERMITTED BY LAW, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS EXPRESS, IMPLIED OR STATUTORY; INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. ANY WARRANTIES THAT MAY OTHERWISE RESULT BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE ARE ALSO EXPRESSLY DISCLAIMED.
13.1 WITHOUT LIMITING THE FOREGOING, COMPANY, ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EQUITY HOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS MAKE NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY THIRD PARTIES; (B) THAT THE SITE AND/OR ANY OF ITS FEATURES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE WEBSITE and/or any of its features WILL BE UNINTERRUPTED OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE SITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13.2 We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Site for business and operational reasons. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them. Further, we do not promise THAT THE WEBSITE, NOR ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR FREE OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE.
13.3 The content on the Site is provided for general information only and does not constitute specific advice. We do not warrant the accuracy, completeness or usefulness of this information. You must obtain professional or specialist advice (including, seeking full particulars of the relevant property from an estate agent) before taking, or refraining from taking, any action based on the content on the Site. In particular, the property descriptions, images and videos on the Site, whilst displayed in good faith, are for information purposes only and we do not accept any liability or responsibility for their accuracy. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
13.4 It is the sole responsibility of prospective buyers to satisfy themselves as to the accuracy of any information displayed on the Site and the responsibility of estate agents to ensure the accuracy of property descriptions provided on the Site and in any other token documentation or information. Any reliance you place on such information is strictly at your own risk.
13.5 Although we make reasonable efforts to update the information and content on the Site, we make no representations, warranties or guarantees, whether express or implied that the information and content on the Site is accurate, complete or up-to-date at any time.
13.6 Any purchases you make through third-party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third-party.
13.7 The owner of the Sites is based in Labuan, a Federal Territory of Malaysia, and the Administrator is based in the United Arab Emirates (“Service Territories”). We make no claims that the Sites or any of its content is accessible or appropriate outside of the Service Territories. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the Service Territories, you do so on your own initiative and are responsible for compliance with local laws.
14.1 To the extent permitted by law, you agree to defend, indemnify and hold harmless, us and our subsidiaries, affiliates, licensors, employees, agents, third-party information providers, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of these Terms.
14.2 Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it.
15. LIMITATION OF LIABILITY
15.1 Company shall not be liable for any claim or demand made against Owner by any third party except to the extent such claim or demand relates to rights conferred to Owner under these Terms and Conditions.
15.2 Company does not exclude or limit in any way liability to where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
15.3 We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material caused to your information technology, devices, computer programs, platform, data or other proprietary material arising in connection with your use of our Site and/ or Services or to your downloading of any content on it, or any website linked to it.
15.4 We will not be liable for any failures, due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control.
15.5 We may put in place such systems as we from time to time, to prevent automated programs from being used to obtain unauthorised access to our system and this Site. We shall not be liable to you for any consequences arising out of, or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.
15.6 You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content or any contact with third-party websites.
15.7 Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.8 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, or use of or reliance on any content displayed on our Site. In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
15.9 Notwithstanding anything to the contrary in these Terms and to the extent permitted by law, in the event that we are determined to be liable to you for any cause, you expressly agree that OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE OFFERINGS
15.10 IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. GOVERNING LAW
All matters relating to these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws in force in the Emirate of Dubai in the United Arab Emirates. Without giving effect to any choice or conflict of law provision or rule (whether of Labuan or any other jurisdiction) and you agree to the exclusive jurisdiction of the Emirate of Dubai in the United Arab Emirates.
17. DISPUTE RESOLUTION; ARBITRATION
17.1 Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Company and Administrator and limits the manner in which you can seek relief from us.
17.2 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Offerings, to any products sold or distributed through the Offerings, or to any aspect of your relationship with Company and Administrator, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in court if your claims qualify; and (2) you or Company and Administrator may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
17.3 Arbitration Rules and Forum. The Rules of Arbitration of the Labuan International Arbitration Centre governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a communication requesting arbitration and describing your claim to email@example.com. The arbitration will be conducted by the Dubai International Arbitration Centre. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to the Dubai International Arbitration Centre’s most current version of the their Arbitration Rules and procedures. If the arbitrator finds that you cannot afford to pay the Dubai International Arbitration Centre’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from the Dubai International Arbitration Centre, Company and Administrator will pay them for you. In addition, Company and Administrator will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
17.4 Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Company and Administrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non- monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
17.5 Waiver of Trial. YOU AND COMPANY AND ADMINISTRATOR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE. You and Company and Administrator are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 20.3 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
17.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: firstname.lastname@example.org within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
17.7 Severability. Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
17.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company and Administrator.
17.9 Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Company and Administrator makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to Company and Administrator at the following address: email@example.com.
18. MODIFICATION TO TERMS AND CONDITIONS
18.1 From time to time, we may revise, amend or supplement these Terms, as necessary. We reserve the right to amend these Terms at any time in our sole discretion by posting the revised Terms on the Sites. It is your responsibility to periodically review these Terms to stay informed of all updates, every time you access and/ or use our Site. Your use of the Site and/ or Services will be subject to the current Terms, as posted on the Site, at the time of such use. You will be deemed to have been made aware of and to have accepted all changes in any revised Terms by your continued use of the Site as of the date such revised Terms are published.
18.2 Changes to these Terms are effective when they are published. We will alert you to any changes by updating the ‘Last updated’ date of these Terms. You waive any right to receive specific notice of each such change.
We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to any third-party without notice and without the need to receive your consent.
20.1 You agree that these Terms will not be construed against us by virtue of us having drafted them.
20.2 Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
20.3 No delay or failure by us to enforce any provision of the Agreement will be deemed a waiver or create a precedent or will prejudice our rights.
20.5 If any provision in these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible, and the remainder of the Terms shall remain in full force and effect.
20.6 These Terms and any policies posted by us on the Site constitute the entire agreement and understanding between you and us.
20.7 You hereby waive all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
21. Contact Us
If you have any questions or concerns, including if you need to access this agreement in an alternative format, we encourage you to contact us via e-mail at firstname.lastname@example.org.