Effective: May 26, 2016
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE SITE OR SERVICES. EACH TIME YOU ACCESS OR USE THE SITES OR SERVICES, YOU AGEE TO BE BOUND BY THESE TOU. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOU, PLEASE DO NOT USE OR VIEW THE SITE AND SERVICES.
CHANGES TO AGREEMENT
CHANGES TO SITES AND SERVICES
Because our Services are evolving over time, Spright may, at any time and in its sole discretion, modify, add to, delete, suspend or terminate the Sites and/or Services and any content, services or material offered on or through out the Site, for any or no reason, and with or without notice.
ELIGIBILITY TO USE SITES AND SERVICES
You must be 13 years or older to use our Site and Services. If you believe that a child under 13 has used our Site and Services and provided us any information, please contact us at firstname.lastname@example.org.
By accessing the Sites and Services, you represent and warrant to Spright that: (i) you are an individual (i.e., not a corporation) at least 13 years old; (ii) you are of legal age to form a binding contract or have your parent’s permission to do so; (ii) any information you may submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Sites and Services and take full responsibility for your access, selection and use of the Sites and Services.
Subject to your compliance with the TOU, Spright grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
INTELLECTUAL PROPERTY OWNERSHIP
All information, materials, images, software, photographs, articles, functions, text and other content (collectively, “Content”) contained on or offered through the Site and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of Spright, its licensors or content providers or other third parties. The Site and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by Spright under the copyright laws of the United States and other countries. Spright may change the Site or delete any Content or features or services at any time, in any way, for any or no reason. Spright reserves all rights not expressly granted in and to the Site and the Content.
Unless otherwise noted, Spright and all other trademarks, service marks, trade names, and logos displayed on the Site are the trademarks, servicemarks, trade names, and logos of Spright. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Site without the owner's prior written permission. Unauthorized use of Spright and all other trademarks, service marks, trade names, and logos displayed on the Site is strictly prohibited.
USE OF THE SITE AND SERVICES
The Site, Services, Applications and their Contents are intended for Your personal use, non-commercial use, only. Content may not be copied, reproduced, republished, uploaded, posted, re-delivered using framing technology, transmitted, displayed, performed, distributed or used in any way without Spright's prior written permission; provided however, that users may download one copy of any Content on any single computer and print a copy of that Content solely for their personal, private, non-commercial use. No permission is granted to use the Site icons, addresses or other means to hyperlink other web sites with any page in the Site.
The Sites may include certain Services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Spright and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Spright account information to ensure that your messages are not sent to the person that acquires your old number.
NO MEDICAL ADVICE
THE SITE AND SERVICES OFFER HEALTH, WELLNESS, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. SPRIGHT IS NOT A MEDICAL ORGANIZATION. THE INFORMATION CONTAINED ON THE SITE AND SERVICES DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, WELLNESS, FITNESS AND NUTRITIONAL TOPICS DISCUSSED AND/OR YOUR PARTICIPATION IN COMMUNITIES, GROUPS, EVENTS, OR DISCUSSION ON THE SITES OR THROUGH THE SERVICES, AND NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THE SITES OR THE SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. YOUR ACCESS OR USE OF THE SITES AND THE SERVICES, AS WELL AS YOUR PARTICIPATION IN COMMUNITIES, GROUPS, EVENTS, OR DISCUSSIONS, DOES NOT CREATE IN ANY WAY A PHYSICIAN/PATIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON OUR PART. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SPRIGHT SITE!
SPRIGHT IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A YOUR PART BASED ON THE INFORMATION THAT IS PRESENTED ON THE SITE AND SERVICES. YOU ACKNOWLEDGE THAT SPRIGHT HAS NO KNOWLEDGE OF ANY OF YOUR HEALTH CONDITION(S) AND THAT YOU ALONE ARE RESPONSIBLE FOR ANY AND ALL OUTCOMES OF YOUR PARTICIPATION IN THE SERVICES.
The Applications may offer users the opportunity to post articles, comments, photographs, videos, artwork, and other content or materials on the Site (collectively, the “User Submissions”). Message boards, chats and other forums are intended to serve as discussion centers for You and other users of the Sites. There may be forums in which other registered users may see your comments.
The Applications may also offer opportunities to connect with coaches or experts (“Coaches”). While Spright presents these Coaches for your selection, you assume full responsibility for your Coach selection and for choosing the Coach best suited to your goals. Spright reserves the right to change the selection of Coaches or your Coach at any time, for any reason. Spright endeavors to ensure positive interactions between you and your Coach; however, Spright makes no representations about the suitability, reliability, or accuracy of the Coaches’ advice. Spright may monitor the provision of the Services to ensure the quality of interactions with your Coach. Because our Coaches are real human beings, they may become unavailable to respond to you and provide information through the Services from time to time.
By making a User Submission, You grant to Spright an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without payment of compensation or acknowledgement of its source. You represent and warrant that any person or entity named or pictured in such User Submission has provided any necessary licenses, rights or authorizations to allow Spright’s use of the User Submission in accordance with such license. None of the User Submissions disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.
You further agree that Spright is free to use any ideas, concepts, or know-how that You or individuals acting on Your behalf provide to Spright without any monetary or other obligation to You.
You agree not to post on or transmit to the Site any User Submission or other material that:
- is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner;
- is an advertisement or promotion for any product or service that had not been approved in writing by Spright;
- constitutes junk mail or spam;
- is false, misleading, or constitutes an unfair or deceptive trade practice;
- promotes the use of any illegal substance;
- constitutes a breach of Your contractual and/or fiduciary obligations or an invasion of privacy;
- infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights; or
- contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment.
You further agree that any comment or User Submission made using Your identity or screen name will be deemed to have been posted by You.
You further agree that any User Submission You provide does not contain any confidential, proprietary or trade secret information of any third party, and will not be treated as confidential by Spright. Spright shall have no obligation to store, keep copies of or return any User Submissions.
You will be solely responsible and liable for, and will indemnify Spright and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from
Your Submission, including, but not limited to, any Claim arising out of breach of this Agreement or any Claim for infringement of copyright, trademark, patent or other proprietary rights.
You agree that Spright further reserves the right (but does not have the obligation), in its sole discretion, to monitor, modify, delete and/or remove any User Submission from the Sites and/or Services for any or no reason, with or without notice to you.
Further, you agree if You link to the Sites or Services, Spright may revoke Your right to so link at any time, at Spright’s sole discretion. Spright reserves the right to require prior written consent before linking to the Services.
THIRD PARTY CONTENT
Spright may from time to time post content supplied by third parties and users (collectively “Third-Party Content”). Further, through this Third-Party Content You may have access to materials that are hosted by another party. You agree that it is impossible for Spright to monitor such Third-Party Content and that you access these materials at your own risk. Any opinions, advice, statements, reviews, services, advertisements, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of Spright. Spright does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitation of liability are noted below.
The Site and/or Services contain reviews, opinions and information regarding products and services manufactured or provided by third parties. Spright is not responsible in any way for such products and services, and nothing contained on the Site should be construed as a guarantee of the functionality, utility, safety or reliability of any product or services reviewed or discussed on the Site. Please follow the directions provided by the manufacturer or service provider when using any product or service reviewed or discussed on the Site. Under no circumstances will we be liable in any way for any for any loss or damage of any kind incurred as a result of Your reliance on such Third-Party Content or the use of any product or service reviewed or discussed in such Third-Party Content.
LINKS TO OTHER SITES AND DEALINGS WITH THIRD PARTIES
Spright may provide links to third-party web sites, web pages and resources maintained by third parties over whom Spright has no control (“Third-Party Sites”). Spright does not recommend and does not endorse the content on any third-party websites. Spright is not responsible for the content of linked Third-Party Sites, sites framed within the Spright Site, Third-party Sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Spright accepts no liability or responsibility for any material supplied or contained on such Third-Party Sites or any use of personal information by such third parties.
Your use of Third-Party Sites is at Your own risk and subject to the terms and conditions of use for such sites.
Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between You and such third party. You agree that Spright shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
INTERACTIONS WITH OTHER USERS
Meetings and Events. As part of the Services, Spright provides tools that allow users to organize or attend meetings and events outside of the Site or Applications. Spright does not supervise these meetings or events, is in no way connected to such meetings or events, and does not help organize or orchestrate these activities. As a result, we have no control over the identity of the individuals who are present at these meetings or events and we request that our users exercise caution and good judgment when attending these meetings and events. Spright is not liable for any problems or issues that arise from or at any of these activities. Events and meetings organized betweens users are the sole responsibility of the users.
User Responsibility. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that Spright reserves the right, but has no obligation, to intercede in disputes. When interacting with other users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. SPRIGHT AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES, SITE AND/OR APPLICATION. YOU UNDERSTAND THAT SPRIGHT DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. SPRIGHT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF REGISTERED USERS. SPRIGHT MAKES NO REPRESENTATIONS IN CONNECTION WITH PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS. NEITHER SPRIGHT NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. We encourage you to exercise caution and to only meet with users that you know and trust.
For certain Services, Spright may charge a fee. You agree to pay, and authorize Spright’s third party payment processor to charge using Your selected payment method, for all applicable fees and taxes that may accrue in relation to your subscription to use the particular fee-based Services. The fees for your subscription to use the Services are set forth in the applicable Application(s). All fees are non-refundable except as required by law. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due. Unless otherwise specified in the payment terms, all fees are payable in advance (per the Application) and will accrue on a rolling basis from Your date of Account registration (for example, under a monthly billing plan, if You register your Account on the 15th day of the month, you will be billed at the time of registration and on approximately the 15th day of each month thereafter; under a weekly billing plan, if you register Your Account on a Monday, You will be billed at the time of registration and on each Monday thereafter. If you want to terminate your subscription to the Services, You must notify us of this fact by email and You will no longer be charged the monthly fee starting in the month immediately after the month in which you provided your notice of termination. You will not be refunded for any partial month’s subscription to use the Services. We may revise the fees for the Services by providing you at least 30 days prior notice on the Site.
As part of the Services, Spright may provide a marketplace that allows users to offer, sell and buy items, or offer links to the sale of relevant items by a Third Party Merchant. As a marketplace, we do not own or sell the items listed on the Site and/or Application so the actual contract for sale is directly between the individuals seeking to sell items (“Sellers”) and individuals seeking to buy items (“Buyers”). While Spright may provide guidance in our marketplace Services, such information is solely informational. We do not take part in the interaction between users. We do not have control over the quality, timing, legality, or failure to provide items sold by Sellers, or of the integrity, responsibility, or any actions of any users. Spright makes no warranty in connection with goods listed on the marketplace, including the quality of any such goods. When listing an item, you agree to comply with our rules for listing and you are responsible for the accuracy and content of the listing and item offered. When buying an item, you agree that you are responsible for reading the full item listing before purchasing the item. Spright expressly disclaims any liability that may arise between users of its Services. The Services are only a venue for connecting users. Because Spright is not involved in the actual contract between users or in the completion of the sale, in the event that you have a dispute with one or more users, you release Spright (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
ACCESS THROUGH FACEBOOK OR ANOTHER THIRD PARTY SERVICE PROVIDER.
If you are required to register for the Services at Spright, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Spright Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Spright immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Spright has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Spright has the right to suspend or terminate your Account and refuse any and all current or future use of The Site and/or Application (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Spright Account per platform or use more than one Your Third Party Account through the same Third Party Service Provider at any given time to register or interact with Spright. Spright reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third-party that a username violates the third-party’s rights. You agree not to create an Account or use Spright Sites if you have been previously removed by Spright, or if you have been previously banned from any Spright Site.
RESPONSIBILITY FOR CONTENT
Types of Content. You acknowledge that all Content, including Spright Content, is the sole responsibility of the party from whom such content originated. This means that you, and not Spright, are entirely responsible for all content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Site and/or Application (“Your Content”), and that you and other users of the Site and/or Application, and not Spright, are similarly responsible for all content they Make Available through the Site and/or Application (“User Content”).
No Obligation to Pre-Screen Content. You acknowledge that Spright has no obligation to pre-screen Your Content or others content, although Spright reserves the right in its sole discretion to pre-screen, refuse or remove any content. By entering into the TOU, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Spright pre-screens, refuses or removes any Content, you acknowledge that Spright will do so for Spright’s benefit, not yours. Without limiting the foregoing, Spright shall have the right to remove any Content that violates the TOU or is otherwise objectionable.
DISCLAIMERS/LIMITATION OF LIABILITY
While Spright uses reasonable efforts to include accurate and up to date information on the Site, Spright makes no warranties or representations as to its accuracy. Spright assumes no liability or responsibility for any errors or omissions in the Content of the Site.
THE CONTENTS ON, OR ACCESSIBLE FROM, THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPRIGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPRIGHT DOES NOT WARRANT THAT THE ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPRIGHT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE CONTENT, USER SUBMISSIONS AND OTHER MATERIALS ON, OR ACCESSED THROUGH, THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL SPRIGHT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH THE SITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN THEIR TECHNICAL OPERATION OR CONTENT, EVEN IF SPRIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using the Site and/or Services, You agree to indemnify, hold harmless and defend the Spright, its employees, officers, directors, agents, affiliates, third party contractors, heirs and assigns from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, arising out of or in connection with any User Submission; any Third Party Applications, Software or User Submission You post or share on or through the Site and/or Services; Your use of the Site and/or Services; Your conduct in connection with the Site and/or Services; Your conduct in connection with other users of the Site and/or Services; any violation of this Agreement or of any law; or any violation of the rights of any third party.
Spright respects the intellectual property of others. If You believe that Your work has been copied in a way that constitutes copyright infringement and is located on Site, You may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) containing the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that You claim has 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;
c. 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;
d. Information reasonably sufficient to permit us to contact You, such as Your address, telephone number and e-mail address;
e. A statement that Your claim of infringement is based on 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
f. A statement that the information You have provided is accurate and, under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner’s behalf of an exclusive right that is allegedly infringed.
You acknowledge that if You fail to comply with substantially all of the above requirements of this section Your DMCA notice may not be valid and we may not be able to remove infringing content.
Please send all notices of claimed infringement to Spright’s copyright agent, whose contact information is noted below:
Java Beach, Inc.
580 Howard Street
San Francisco, CA 94105
email address: legal [at] spright.com
GOVERNING LAW AND CHOICE OF FORUM
This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Subject to the arbitration provision and for all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
Certain portions of this Arbitration section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Spright agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) 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 TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
WAIVER AND SEVERABILITY
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No delay or failure by Spright to take action under this Agreement will constitute a waiver of any of the provisions contained herein, or rights provided hereby, unless expressly waived in writing by Spright. No single waiver will constitute a continuing or subsequent waiver.
You agree that any cause of action arising out of or related to the Site or this Agreement must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
FTC DISCLOSURE REQUIREMENTS
Spright aims to provide unbiased editorials. However, we wish to disclose that (i) We receive free products from marketers that we sometimes review or discuss in our editorials, and (ii) We may run advertisements on our Sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.
NO AGENCY; NO ASSIGNMENT
This Agreement is not assignable, transferable or sublicensable by You except with Spright’s prior written consent. Spright may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for Your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Spright in any respect whatsoever.
INFORMATION FOR CALIFORNIA USERS ONLY
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
All provisions of this Agreement which by their nature are intended to survive performance hereof by You or Spright, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.
This Agreement represents the entire agreement between You and Spright of the Site and/or Services relating to the subject matter contained herein and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All modifications must be in a writing signed by both parties, except as otherwise provided herein.