Updated as of May 2020
Thank you for choosing to do business with Natalie Forsythe, a sole proprietor doing business as The Path to Food Freedom (referred to as the “Company”). The Company provides the foregoing products and/or services:
- The Food Freedom Foundations course (“Foundations Course”).
- The Foundations Course includes, but is not limited to, access to the Food Freedom Foundations course materials , downloadable PDF printable 35+ workbook, and two weeks of 1:1 texting with a community mentor. Bonus content is made available to the participant, depending upon when they choose to register for the course, and at the sole discretion of The Company. Electronic educational materials from the Foundations Course will be made available for download, if the Company ceases to operate.
- The Path to Food Freedom Community Membership (“Membership”)
- The Group Program includes, but is not limited to, access to the Path to Food Freedom course materials with all future updates on the teachings, (online and social media) community membership, at the Company’s sole discretion and subject to the restrictions regarding the same in this Terms of Service, downloadable PDF printable monthly workbook, access to all Q&A calls and Connection calls and recordings, small group cohort with community Mentor. Bonus content is made available to the participant, depending upon when they choose to register for the course, and at the sole discretion of The Company.
- 1-1 Coaching (“Coaching Program”); and
- The Coaching Program includes, but is not limited to, hour long phone sessions with Natalie, scheduled at a mutually possible time. There is a 24 hour cancellation policy on scheduled sessions.
- The Coaching Program includes, but is not limited to, hour long phone sessions with Natalie, scheduled at a mutually possible time. There is a 24 hour cancellation policy on scheduled sessions.
The Company refers to the foregoing products and/or services herein collectively as “Services” throughout this Agreement. The Company may discontinue or revise any and all of the Services at its sole discretion and without prior notice.
These Terms of Service (“Agreement”) apply to any use of and access to our Services and/or our websites located at www.NatalieForsythe.com and www.NatalieForsythe.mykajabi.com (collectively referred to as the “Website”) by you and/or your agents (collectively, “you”). As with the Services, the Company may discontinue or revise any and all aspects of the Website, at its sole discretion and without prior notice.
Effective Date. This Agreement is effective (“Effective Date”) on the date you first access or use the Services and/or the Website, whichever is earlier.
Disclaimer. The Company is not a licensed/professional dietician, nutritionist, or doctor of medicine; and the Company does not engage in the practice of, or provide advice related to, the foregoing professions. All information, software, services, and comments provided on the Website are for informational and self-help purposes only, and are not intended to be a substitute for professional advice. Use of this Website is subject to our Terms of Service herein.
Foundations Course Subscription and Fees. The following terms apply to those who choose to purchase Services from the Company vis a vis our Foundations Course.
Two Week Term: The subscription term is two weeks. By agreeing to our Services under the Foundations Course, you are legally obliged to pay for the entire subscription term, as described below. You will have access to your specific Foundations Course materials (including, but not limited to, written materials, recorded classes, throughout the two weeks (mentorship texting), or lifetime access (course and workbook) as described. Note: Course materials may be periodically revised and updated by the Company, at the Company’s sole discretion.
One-Time Payment: You can make a single payment for the subscription term, your one-time payment will be $67. The Company will provide you a written invoice for a one-time fee associated with the Foundations Course.
You may pay by credit card by way of the Company’s third-party payment processor, Stripe (https://stripe.com). You agree not to file a credit or debit card chargeback with regard to any amount of fees charged in connection with the Services. Instead, you agree to abide by the and instead abide by the dispute resolution procedures outlined herein. Please see below provision, “Third-Party Payment Processing,” herein for more information regarding payment processing terms.
- Good Faith Commitment. By purchasing the Services under the Self-Study Program, you are committing to attend and utilize the Services in good faith.
Money-Back Satisfaction Guarantee. If, within 30 days of the purchase of the Foundations course, you:
you are not satisfied with the provision of our Services under the Foundations Course ; and
you notify the Company via email sent to firstname.lastname@example.org, of your dissatisfaction with our Services under the Foundations Course, and your request for a refund.
- the Company will provide a 100% refund of all monies that you previously paid to the Company for the Foundations course within 2 weeks of request for refund. Any other (full or partial) refunds of the price for the Foundations Course will be granted only at the sole discretion of the Company.
Membership Subscription and Fees. The following terms apply to those who choose to purchase Services from the Company on a subscription basis vis a vis our Path to Food Freedom Community Membership.
Monthly Term: The subscription term is one month. By agreeing to our Services under the Membership, you are legally obliged to pay for the entire subscription term, as described below. You will have access to your specific Membership course materials (including, but not limited to, written materials, recorded classes, live calls, etc.) throughout the subscription term. Note: Course materials may be periodically revised and updated by the Company, at the Company’s sole discretion.
Monthly Payment: $99 recurring monthly payment.
You can cancel your monthly subscription to the Membership at any time by submitting the form at natalieforsythe.com/cancel. In order to cancel before the next month's payment, it is necessary to cancel 7 full days before your next bill date. Your bill date is the same day each month. You can find your bill date by looking at your original invoice for your subscription to the Membership.
Good Faith Commitment. By purchasing the Services under the Self-Study Program, you are committing to attend and utilize the Services in good faith.
Money-Back Guarantee. There is no money-back guarantee associated with the Membership. Any other (full or partial) refunds of the price for the Coaching Program will be granted only at the sole discretion of the Company.
Coaching Program and Fees. The following terms apply to those who choose to purchase Services from the Company vis a vis our Coaching Program:
Term: Under this Coaching Program, you are entitled to twelve (12) sessions of coaching, which must be used within eight (8) months of the date of the first session (“6-Months Term”). By agreeing to our Services under the Coaching Program, you are legally obliged to payment of the entire term amount, as described below.
Monthly Payment: You may make six (6) payments throughout the course of the 6-Months Term, such that your monthly payment will be $300.
One-Time Payment: If you instead choose to make a single payment for the 6-Months Term, your one-time payment will be $1,500. The Company will provide you a written invoice for a one-time fee associated with the Coaching Program.
Good Faith Commitment. By purchasing the Services under the Coaching Program, you are committing to attend and utilize the Services in good faith.
Money-Back Guarantee. There is no money-back guarantee associated with the Coaching Program. Any other (full or partial) refunds of the price for the Coaching Program will be granted only at the sole discretion of the Company.
Opt-In Renewals. After your initial 6-Months Term, you may renew the Coaching Program on a month-to-month basis by sending written notification, or by having a verbal confirmation with the Company. You will be billed monthly, at $300/month, or at $600/month, depending on desired frequency of sessions, or a one-time fee of $1500 for 12 sessions.
We may verify your provided information, as required for your use of and access to the Services. You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account. We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
You are solely and entirely responsible for maintaining the confidentiality of your Account, and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account, including any charges incurred relating to the Services.
The Company is not liable for any harm caused by or related to the theft of your Account, your disclosure of your Account, or your authorization to allow another person to access or use the Services using your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services and/or the Website cannot be guaranteed in the event of breach.
Online Account Termination. The Company reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason or no reason at any time. We may also suspend your access to the Services and/or Website, and your Account if you: (a) have violated the terms of these Terms of Service, any other agreement you have with the Company; (b) pose an unacceptable credit or fraud risk to us or Users; (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct; or (d) for any other reason in the Company's sole discretion.
However, we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of these Terms of Service does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us, as provided in these Terms of Service.
Third-party Payment Processing. Users of the Website or Services will be required to provide their credit card or bank account details to the Company to process payment(s). The Company collects, analyzes and relays information to allow the service provider to process these payment(s).
As a Client, you authorize us to process payment(s) for the Services, using the payment information you have supplied. Specifically, you will be required to provide your credit card or bank account details to the Company and/or the third-party service provider, and/or register with the third-party service provider to process payment(s) for the Services. You agree to provide the Company and/or the third-party service provider with accurate and complete information about you and/or your business; and you authorize the Company to share it and any transaction information related to your use of the Services and/or Website with the third-party service provider for the purpose of processing payment(s), including but not limited to the service fees owed to Company for the use of the Service.
The Company reserves the right, in its sole discretion (but not the obligation), to: (i) place on hold any payment and out of pocket expenses; and/or (ii) refund, provide credits or arrange for the third-party service provider to do so, as necessary.
If you believe a payment has been processed in error, you must provide written notice to the Company within thirty (30) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is not received by the Company within such thirty (30) day period, the payment will be deemed final and valid.
While the Company takes what it believes to be reasonable efforts to ensure secure transmission of your information to the third-party service provider that assesses and processes payment(s), the Company is not responsible for any fees or charges assessed by third-party service providers, or any errors in the processing of payment(s) by third-party service providers, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information. Your sole recourse is with the third-party service provider which processed the payment(s).
Links to this Website. You may want to tell third parties about our Website or our Services. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Website and/or Services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with the Company or cause any other confusion, and (c) the links and the content on your website do not portray the Company or its products or Services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to the Company. The Company reserves the right to suspend or prohibit linking to the Website and/or Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party.
In addition, any trademarks, service marks and logos associated with a third-party Offering may be the property of the third-party provider, and you should consult with their trademark guidelines before using any of their marks.
Any information and data that you submit to the Website or in connection with the Services must not violate the intellectual property rights of third parties.
No Submission of Unsolicited Ideas and/or Materials. In your communications with the Company or on its Website, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on or send to us via the Website are deemed User Content and licensed to us as set forth below. In addition, Company retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. The Company’s receipt of your Unsolicited Ideas and Materials is not an admission by the Company of their novelty, priority, or originality, and it does not impair the Company’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
You agree not to post on our Website or Third-Party Social Media Platforms any content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy.
The Company reserves the right, but is not obligated, to reject and/or remove any User Content on our Website or Third-Party Social Media Platforms that the Company believes, in its sole discretion, violates these provisions. We also reserve the right to block you or remove any of your User Content that you posted on our Website or Third-Party Social Media Platforms that we deem inappropriate, obscene, lewd, lascivious, filthy, violent, harassing, defamatory, libelous, tortious, illegal, threatening, or otherwise objectionable, at our sole discretion and regardless of whether it was intended to be private or public. Since we do not review all content on our Website or Third-Party Social Media Platforms, we cannot guarantee that we will be able to take protective measures in the event that any User posts User Content that violates the terms of this provision. However, when we become aware of User Content that we consider violates this provision (i.e., is offensive or could compromise the privacy of your personal or confidential information or that of another person), we will make a good-faith, reasonable effort to block the User and/or remove such User Content.
The Company takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts or sends via our Website or Third-Party Social Media Platforms, or any action you take in reliance on any User Content posted by another User. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
Furthermore, you understand and agree that you may be exposed to other people’s User Content that may be inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that the Company shall not be liable for any damages you allege to incur as a result of exposure to such User Content.
You may self-edit and/or remove the content you posted on our Website and/or mobile app by logging into your account. Or, to request removal of any content that you believe violates this provision or that you previously posted on our blog/community forum, please contact us at email@example.com. In some cases, we may not be able to remove your content, especially if it was already re-posted by another User. If this is the case, we will let you know if we are unable to do so and why in response to your request.
Mutual Non-Disparagement. You agree that you will not, in any communications with the press or other media or any customer, client or supplier of the Company, or any of the Company’s investors, business affiliates/contacts, successors, subsidiaries, divisions, alter egos, affiliated corporations and/or related entities, criticize, ridicule or make any statement which disparages or is derogatory of the Company, or its successors, subsidiaries, divisions, alter egos, affiliated corporations and related entities, or any of their respective directors, officers or employees. No director or officer of the Company will criticize, ridicule or make any statement which disparages or is derogatory of you.
DMCA Notice. The Company will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
(i) a legend or subject line that says: "DMCA Copyright Infringement Notice";
(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Website on which the material appears);
(iv) your full name, address, telephone number, and email address;
(v) a statement by you that you have 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;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) your electronic or physical signature. The Company will only respond to DMCA Notices that it receives by mail, e-mail, or facsimile at the addresses set forth in the “Notice” section of this Agreement.
It is often difficult to determine if your copyright has been infringed. The Company may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and the Company may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting the Company's other rights, the Company may, in appropriate circumstances, terminate a repeat infringer's access to the Services, Website, and/or any other website owned or operated by the Company.
Counter-Notification. If access on the Website to a work that you submitted to the Company is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(i) a legend or subject line that says: "DMCA Counter-Notification";
(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Website from which the material was removed or access to it disabled);
(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) your full name, address, telephone number, e-mail address, and the username of your account;
(v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
(vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
We will own all aggregated data from our Website. You are solely responsible for resolving disputes regarding ownership or access to your data, including those involving any current or former owners, co-owners, employees or contractors of your business, as applicable. You acknowledge and agree that the Company has no obligation whatsoever to resolve or intervene in such disputes.
HIPAA. Health Insurance Portability and Accountability Act (“HIPAA”) imposes rules to protect certain personal health information. You should not share any protected health information, or any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. The Services and this Website are not intended to be used to communicate protected health information, nor comply with HIPAA. If you do share any protected health information, you do so at your own risk.
No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES AND/OR THIS WEBSITE.
THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES AND/OR THIS WEBSITE WILL BE SECURE, TIMELY, ERROR-FREE OR UNINTERRUPTED, OR THAT THE SERVICES ARE OR WILL REMAIN UPDATED, COMPLETE OR CORRECT, OR THAT THE SERVICES AND/OR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE (INCLUDING WITHOUT LIMITATION THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICES AND ANY PRODUCTS AND third-party MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SOLELY FOR YOUR USE IN ACCORDANCE WITH THIS AGREEMENT.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “THE COMPANY PARTIES”).
No Liability. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, BY THE TRANSMISSION OF CARDHOLDER DATA PRIOR TO ITS ENCRYPTION AND RECEIPT BY SERVER(S) OWNED OR CONTROLLED BY THE COMPANY. THE EXCLUDED DAMAGES WILL INCLUDE, WITHOUT LIMITATION, DAMAGES RESULTING FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTITY THEFT, OR INVASION OF PRIVACY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES PAID PRECEDING THE DATE OF THE INCIDENT. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) APPLY WITH RESPECT TO BOTH THE COMPANY AND THE COMPANY PARTIES.
IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USE, DATA OR OPPORTUNITIES, COST OF DATA RECONSTRUCTION, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THIRD-PARTY OFFERINGS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF THE COMPANY, ITS LICENSORS OR SUBCONTRACTORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE WEBSITE OR SERVICES. YOU HEREBY RELEASE AND FOREVER DISCHARGE THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE ON THE WEBSITE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF SERVICES OR OTHERWISE.
THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Indemnification. You agree to indemnify, defend, and hold harmless the Company and its Parties from and against any and all third-party claims alleged or asserted against any of them, and all related charges, damages and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising from or relating to: (a) any actual or alleged breach of any provisions of this Agreement; (b) any access to or use of the Services and/or Website; (c) any actual or alleged violation by you, an affiliate, or end User of the intellectual property, privacy or other rights of a third-party; and (d) any dispute between you and another party and/or User regarding ownership of or access to your data.
Choice of Law. These Terms of Service and the relationship between you and the Company shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against the Company, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or the Company may bring a formal proceeding.
We Both Agree To Arbitrate. You and the Company agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting email@example.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in San Francisco, California, or any other location we agree to.
Arbitration Fees. The AAA rules will govern payment of all arbitration fees.
Exceptions to Agreement to Arbitrate. Either you or the Company may assert claims, if they qualify, in small claims court in San Francisco or Alameda Counties in California. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the the Company’s Website or Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions. You may only resolve Disputes with the Company on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under this Agreement.
Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and the Company agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco or Alameda County, California. Both you and the Company consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the the Company’s products or Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Relationship of the Parties. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Company.
Severability. Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.
Force Majeure. Neither Party will be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that Party’s reasonable control and occurring without that Party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving the Company’s or your employees, respectively), computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
Electronic Communications and Signatures. You agree to the use of electronic communication in order to enter into agreements and place orders, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.