TERMS OF SERVICE EFFECTIVE DATE: February 8, 2019
Welcome to the 30 Day Singer learning service (referred to herein as either www.30daysinger.com, the "Site"), owned and operated by 30 Day Lessons Inc. ('Company"). Subject to the following Terms of Service ("Terms"), 30 Day Singer provides users of the Site with access to services, including a collection of singing lessons, singing resources, and forums of users and subscribers ("Services").
We reserve the right to add, delete and/or modify any of the terms and conditions contained in this Agreement. In the event of substantive changes to the terms of this Agreement, you will be notified with a notice on the site. If any modification is unacceptable to you, your only recourse is to discontinue use of the Services. Your continued use of the Services following posting of a change notice or new agreement on the Site or notice to you via e-mail, will constitute your binding acceptance of the changes.
1. BINDING EFFECT. This is a binding agreement. By using this services provided in connection with the Site, you agree to abide by these Terms, as Company may amend them from time to time in its sole discretion. No one under 13 is allowed to create an account or use the Services. By using the Services, you state that:
- You can form a binding contract with Company --- meaning that if you're between 13 and 18, your parent or legal guardian has reviewed and agreed to these Terms; and
- You will comply with these Terms and all applicable local, state, national and international laws, rules, and regulations.
3. COMPANY SERVICES. Company provides three (3) levels of access to the Site and its Services:
- Visitor Access. Any visitor to the Site will be able to access only basic information about the Site and the Services of Company.
- Registered User Access. Site visitors may register to use the Site by providing basic information to Company, and registered users receive limited access to Site Services.
- Subscriber Access ("Full Access"). Registered users may subscribe to "30 Day Singer Full Access." Subscriber Access requires periodic payments to take and remain in effect. As a subscriber, you agree to pay for the subscription period selected at the time of purchase. You will receive a confirmation notice upon your original effective date with information about your subscription. You may view current information about your subscription at any time at your account page (https://www.30daysinger.com/settings/account). It is your responsibility to review the notice and your account page to ensure that it accurately reflects the requested subscription period.
4. SUBSCRIPTION - AUTOMATIC RENEWAL AND CANCELLATION POLICIES. If you are a subscriber, you agree that your subscription shall renew automatically, and that you authorize automatic renewal of your subscription until it is cancelled. You can cancel the automatic renewal of your subscription at any time. To do so, contact us at [email protected] and provide your account username or account email address. Your account will be canceled within two (2) business days of receipt and acceptance of your cancellation. Company will refund any payment made within thirty (30) days of the payment date.
5. USERNAME/PASSWORD PROTECTION. Upon registering, you will be given a username and password that will permit you to access the appropriate level of services for the Site. You agree to take all reasonable steps to protect and ensure the accuracy of any login, password or payment information provided in connection with the Services. You further agree to be the sole user of your username/password and the Services, and to promptly notify Company if this is not the case.
6. USER CONTENT.You hereby grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
7. PROHIBITED USES OF THE SITE AND SERVICE. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (f) threaten, harass, abuse, slander, defame or otherwise violate the legal rights (including, without limitation, rights of privacy and publicity) of third parties; (g) publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information or (h) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
A. Print and Download Restrictions. The Site may at times contain proprietary and original material licensed from Third Parties. The terms under these licenses may prohibit the downloading and/or printing of such material by users. Company is obliged under such licenses to disable the user's ability to download and/or print such content. Any attempt by you to circumvent these restrictions is a violation of the Terms and may result in termination of service and appropriate legal action.
8. INTELLECTUAL PROPERTY NOTICES. The name "30 Day Singer" and its logo are trademarks of Company. The Site contains proprietary, original material that is protected by U.S. copyright and international treaties. Company, our instructors and our licensors retain all intellectual property rights with respect to such proprietary, original material. It is understood that anyone who misappropriates the Company's name or content for commercial use, without the express permission of the Company, may subject himself to civil or criminal penalties. Similarly, any commercial publication or exploitation of the Services or any content provided in connection therewith is specifically prohibited and anyone wishing to do so must first request and receive prior written permission from Company.
10. LINKS. Company welcomes links to its www.30daysinger.com web site. You are free to establish a hypertext link to this Site provided that the link does not state or imply any sponsorship or endorsement by Company. Company often links to web sites that are not under its control. Company is not responsible for the contents of any linked site or any link contained in a linked site. Company provides links only as a convenience and the inclusion of any link does not imply endorsement of the web site by Company.
11. DISSEMINATION, DISCONTINUANCE OR MODIFICATION OF SERVICES. Company may change or discontinue any of its Services or its dissemination of the lessons of any instructor, category and type of music, resources and data, and works of specific contributors, at any time and without notice and without liability to you. Company may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Company, at its sole discretion, may occasionally make modifications to the Site, its servers, and the information, resources and data contained therein, including the Services and/or Company's Full Access content.
12. DISCLAIMER. Please read this Disclaimer carefully before using any of the Services, including subscribing to the Company's Full Access content.
You understand and agree that the Services available on the site are provided on an "as-is" and "as available" basis. Company hereby disclaims any and all warranties with respect to the Services, whether express, implied, statutory or otherwise, including any implied warranties of fitness for a particular purpose, merchantability, accuracy, title and non-infringement. In connection with the foregoing you expressly agree that use of this site is at your sole risk and without any warranty and that such exclusion of warranties is an essential part of the basis on which Company provides the Services.
You expressly agree that use of the Services, including all lessons and content distributed by, downloaded or accessed from or through this Site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to you or your computer system or for any loss of data that results from the use of the Services by you.
Company will make all reasonable efforts to have the Services available on a 24-hour basis, excluding normal network administration and system down time, but if access is suspended or interrupted, liability will be limited to restoring access to the Services as soon as practical.
With respect to merchandise sold or given as gifts on the Site, any references to their retail or market value represent their "estimated market value." Estimated market value means that reasonable good faith efforts have been made by Company to determine actual retail value of the merchandise. Given the rarity and unique qualities of the products, and the lack of available and reliable market data, the values represented on the Site are estimates only and should not be relied upon as true indications of actual retail or market value.
13. LIMITATION ON LIABILITY. Under no circumstances shall Company be liable, whether alleged as a breach of contract, tort (including negligence and strict liability), equity or otherwise, for any cost of cover or substitute service or any indirect, incidental, special or consequential damages arising from or in connection with the use the Services, or resulting from unauthorized access to or alteration of transmissions of lessons or of other information that is sent or received, including but not limited to damages for lost profits, even if Company has been advised of the possibility of such damages.
14. COPYRIGHT INFRINGEMENT. Company has in place certain legally-mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
30 Day Lessons Inc
268 Bush St #4400, San Francisco, CA 94104
16. DISPUTE RESOLUTION; ARBITRATION.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISPUTE RESOLUTION AGREEMENTS RESULT IN EACH PARTY GIVING UP HIS, HER OR ITS RIGHT TO A JURY TRIAL OF ALL ISSUES. EACH PARTY HEREBY EXPRESSLY WAIVES HIS, HER, OR ITS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY AND ALL DISPUTED ISSUES IN ANY MANNER RELATING TO OR ARISING OUT OF THE TERMS AND CONDITIONS OR PERFORMANCE OR NON-PERFORMANCE OF TERMS AND CONDITIONS OF THIS AGREEMENT.
C. No Class Actions. You and Company agree that either of you may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
D. Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. GENERAL PROVISIONS
A. Entire Agreement. This Agreement contains the entire understanding of the parties relating to the subject matter hereof. This Agreement cannot be changed or modified except as provided herein.
B. Waiver; Severability. A waiver by either party of any term or condition of this Agreement will not be deemed or construed as a waiver of such term or condition, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.
C. Binding Effect. This Agreement will be binding on the assigns, heirs, executors, affiliates, agents, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.
D. Notice. Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if sent by electronic mail to the addresses provided to and by you upon registration with Company, or as properly updated, or, in the absence of a valid electronic mail address, via any other method Company may elect in its sole discretion, including, but not limited to, via posting on the Website.
E. Governing Law; Dispute Resolution. This Agreement will be governed and interpreted in accordance with the laws of the State of California applicable to agreements entered into and to be wholly performed in California, without regard to conflict of laws principles. Any and all disputes arising out of this Agreement shall be resolved in the manner set forth in Arbitration clause above.
F. Rights Cumulative. To the extent permitted by applicable law, the rights and remedies of the parties provided under this Agreement are cumulative and are in addition to any other rights and remedies of the parties at law or equity.
G. Headings. The titles and headings used in this Agreement are for convenience only and are not to be considered in construing or interpreting this Agreement.
H. No Third Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their authorized successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any person or entity, other than the parties hereto and their authorized successors and permitted assigns, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
I. Assignment. Company may assign its rights and obligations under this Agreement at any time to any party. You may not assign your rights and/or obligations under this Agreement without obtaining Company's prior written consent.
POLICY EFFECTIVE DATE: February 8, 2019
30 Day Lessons Inc. (“us,” “we,” or “Company”) is committed to
respecting the privacy rights of its customers, visitors, and other users of
the Company Website (“the Site”) and Mobile Applications (“the Apps”), together
Policy”) to give you confidence as you visit and use our Services and to
demonstrate our commitment to fair information practices and to the protection
any other websites that you may be able to access from the Services, each of
which may have data collection, storage, and use practices and policies that
Data” and “Personal Identifiable Information” are data about an identified or
identifiable individual. Personal Data may include your name, address,
telephone number, credit card information, and any other information that is
connected with you and may identify you personally.
of Personal Data means any operation or set of operations which is performed
upon Personal Data, whether or not by automated means, such as collection,
recording, organization, storage, adaptation or alteration, retrieval,
consultation, use, disclosure or dissemination, and erasure or destruction.
means a person or organization which, alone or jointly with others, determines
the purposes and means of the processing of Personal Data.
or “Processor” means any person or organization that processes Personal Data on
means the subscriber of or visitor to the Company’s Site or Apps, or otherwise
accesses the Company’s Services.
LAWFUL BASIS FOR PROCESSING YOUR PERSONAL DATA. Any use of your Personal Data
must be for a lawful purpose. In Company’s case, the Personal Data requested from
you (e.g., your name, address, email, billing information, etc.) is necessary
for the entering into and the performance of the lawful contract between
Company and you, under which terms, you may use and enjoy the Company’s Services.
Company shall also use the information to promote its services within its
subscription base and, with your permission, may share it with third
party or affiliate companies interested in marketing similar products to you.
WITH THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION (GDPR). In
keeping with Company’s commitment to comply with the various rules and
regulations relating to safeguarding and protecting Personal Data it receives
from its customers in the United States, in the European Union, and elsewhere, Company
has chosen to undertake a good faith effort to comply the European Union’s GDPR
and the obligations it imposes on controllers and processors of EU Personal
Data, and to incorporate the privacy terms required for GDPR compliance herein.
PRINCIPLES ADHERED TO BY COMPANY PERSONNEL. Company will ensure that its
personnel engaged in the processing of Customer Data and Personal Data (i) will
process such data only on instructions from Customer, and (ii) will be
obligated to maintain the confidentiality and security of such data even after
their engagement ends.
AND USES OF INFORMATION COLLECTED
DATA COLLECTED (NON-PERSONAL IDENTIFIABLE INFORMATION). We automatically track
and collect the following categories of information when you visit our
Services: (1) IP addresses; (2) domain servers; (3) types of computers
accessing the Services; and (4) types of web browsers used to access the
Services (collectively “Traffic Data”). Traffic Data is anonymous information
that does not personally identify you but is helpful for marketing purposes or
for improving your experience on the Services. We also use “cookies” to customize
content specific to your interests, to ensure that you do not see the same
advertisement repeatedly, and to store your password so you do not have to
re-enter it each time you visit the Services.
IDENTIFIABLE INFORMATION COLLECTED. In order for you to access certain premium,
services and to purchase products that we offer via our Services, we require
you to provide us with certain information that personally identifies you. Personal
Identifiable Information includes the following categories of information: (1) Contact
Data (such as your name, mailing address, e-mail address, and, if you call
our phone support service, your phone number); (2) Geographical Information
(such as time zones, locales) (3) Financial Data (such as your account
or credit card number, your Paypal email address, or your billing
address); (4) Demographic Data (such as your zip code, age, and income);
(5) Facebook Profile and ID (we access the first and last names and
email address from customer’s public profile information); and Google
Account Information (we access the first and last names and email address
from customer’s public profile information) . If you communicate with us by
e-mail, post messages to any of our chat groups, bulletin boards, or forums, or
otherwise complete online forms, surveys, or contest entries, any information
provided in such communication may be collected as Personal Information. If you
choose to participate in one of our optional marketing research surveys,
contests, or other promotional and marketing events at the site, the
demographic information asked for (e.g., name, age, gender, and income
level) will be collected and retained by us for marketing purposes as described
USE OF INFORMATION. We act as a “Controller” of information we receive from you
in that we use your Contact Data to send you information about our company or
our products or services, or to provide you with promotional material from some
of our partners, or to contact you when necessary. We use your Financial Data
to verify your qualifications for certain products or services and to bill you
for products and services. We use your Demographic Data to customize and tailor
your experience on the Services, such as displaying content that we think you
might be interested in according to demographic data and your expressed
OF PERSONAL INFORMATION. We share certain categories of information we collect
from you to the following parties for the following purposes:
share Demographic Data with advertisers and other third parties only
on an aggregate (i.e., non-personally-identifiable) basis.
share Contact Data with other companies who may want to send you
information about their products or services, unless you have specifically
requested that we not share Contact Data with such companies.
also share Contact Data and Financial Data with our business processing partners who
assist us by performing core services (such as hosting, billing, fulfillment,
or data storage and security) related to our operation of the Services. Company
may hire such third parties to provide certain limited or ancillary services on
its behalf. Customer consents to the engagement of these third parties as
obligation of all entities with whom we share Personal Data to adhere to
Privacy Principles. By express written agreement with Company, those entities who
act as Controllers with whom we share Personal Data shall warrant and
represent that they likewise comply with the same Privacy Principles as those
required by GDPR, and shall take reasonable and appropriate measures to protect
any shared data from loss, misuse and unauthorized access, disclosure,
alteration and destruction, taking into due account the risks involved in the
processing and the nature of the Personal Data.
of our business processing partners only. Our agreement with our business
processing partners, or agents, provide that such Personal Data shared may
only be processed for limited and specific purposes consistent with the consent
provided by the customer, that they shall comply with the same level of privacy
protection as provided by the Company, and that they will otherwise notify
Company if the processor can no longer meet this obligation. In such an event,
the agreement will stipulate that the processing partner will immediately cease
the processing and shall take other reasonable and that Company shall take appropriate
steps to remediate. The agreement shall further provide that, should an
unauthorized breach occur involving their data security systems, our processing
partners shall immediately inform Company.
and Retention of Customer Data. Unless otherwise expressed
herein, the Personal Data collected by Company shall be kept in its central
server and shall remain only as long as necessary to fulfill the requirements
of the service agreement between Company and customer, or, with customer’s
approval, in perpetuity, until customer requests its removal.
of Data Recipients, Users, Purposes, and Retention Periods.
Day Lessons Inc.
Personal Information (name; phone number; email;
address); Computer information (IP; Browser type); Demographic
Information (zip code, age, income); Financial Information (credit
card number, PayPal address, billing address); Geographical
information (Locale, Time Zone); Facebook Profile; Google
Information is necessary to effectuate the service agreement
between Company and customer, for customer support, and to allow Company to promote
and market the service within its customer base. Facebook and Google
public profile information are accessed by Company only to record the “name”
and “email” of customer, again for effectuating the agreement and for
Information shall be retained and used in its central server
only as long as necessary to fulfill the requirements of the service
agreement between Company and customer, or, with customer’s approval, in
perpetuity, until customer requests its removal.
Advertising, Marketing, and Attribution Networks
Personal Information (email); Device
information (IP; Device type, in-app events, advertising IDs); Geographical
information (Locale, Time Zone);
Information is necessary to effectuate the service agreement
between Company and customer, for customer support, and to allow Company to
promote and market the service within its customer base.
Information shall be retained and used in its central server
only as long as necessary to fulfill the requirements of the service
agreement between Company and customer, or, with customer’s approval, in
perpetuity, until customer requests its removal.
BREACH NOTIFICATION. If Company becomes aware of a breach of security leading
to the accidental or unlawful destruction, loss, alteration, unauthorized
disclosure of, or access to Customer Data or Personal Data while processed by
Company (each a “Security Incident”), Company will promptly and without undue
delay (1) notify Customer of the Security Incident; (2) investigate the
Security Incident and provide Customer with detailed information about the
Security Incident; (3) take reasonable steps to mitigate the effects and to
minimize any damage resulting from the Security Incident. With respect to
breach of Personal Data of citizens of the EU, Company shall comply with GDPR
requirements and take immediate steps to notify the supervisory authority
“without undue delay” and within 72 hours of discovering the breach, where
feasible. Company’s obligation to report or respond to a Security Incident
under this section is not an acknowledgement by Company of any fault or
liability with respect to the Security Incident.
CHOICES REGARDING USE OF INFORMATION; CUSTOMER’S RIGHT TO OPT-OUT. You may
choose not to provide us with any Personal Information. In such an event, you may
still access and use much of the Services, however, you will not be able to
access and use those portions of the Services that require your Personal
Information. If you do not want us to share your Contact Data with any third
parties, please email us at [email protected], or select
the “opt out” box on our online forms. In addition, we maintain a procedure for
you to review and request changes to your Personal Information; this procedure
is described in Section 11 below.
of Personal Information in the Event of Sale or Change in Business Status. In the
event of a sale of the business, or company bankruptcy, we may be required to
sell portions of our company or its assets, including the information collected
through the Services. If Company or substantially all of its assets are
acquired by a third party, customer information may be one of the assets
transferred to the acquirer. It shall be a necessary condition of any transfer
AND SECURITY OF PERSONAL INFORMATION. Customer’s personal payment information
(e.g., credit card information) is currently stored with a third-party payment
processing company, Stripe or PayPal. We do not store credit card
information on our own service, only on the third-party server “vault.” Except
information private on secure servers and will not share it with third parties,
unless such disclosure is necessary to: (a) comply with a court order or other
legal process; (b) protect our rights or property; or (c) enforce our Terms of
Service. We provide you with the capability to transmit your Personal Data
Information via secured and encrypted channels if you use a similarly equipped
PROTECTION OFFICER. Company has designated a Data Protection Officer (DPO) to regularly
monitor and maintain the systems and processes relating to Company’s proper
handling of Personal Data Information, and to make sure that appropriate
safeguards be in place to ensure that any processing and retention of Personal
Data complies with the GDPR. Moreover, the DPO shall be responsible for the
record-keeping relating to all processing activities, for the purposes of
demonstrating compliance with GNPR, should a compliance audit be requested.
TO ACCESS, UPDATE, CORRECT, OR ERASE PERSONAL INFORMATION. We maintain a
procedure in order to help you confirm that your Personal Information remains
correct and up-to-date. At any time, you may visit your personal profile at https://www.30daysinger.com/settings/account.
Through your personal profile you may: (a) review and update your Personal
Information that we have already collected; (b) choose whether or not you wish
us to send you information about our company, or promotional material from some
of our partners; and/or (c) choose whether or not you wish for us to share your
Personal Information with third parties.
PORTABILITY. Upon your request, Company shall provide your Personal Data in a
machine-readable format, or electronically transmit your Personal Data,
directly to another Controller.
CONCERNING CHILDREN. Our Services are intended for a general audience, and we
do not direct any of our content specifically at children under 13 years of age.
We understand and are committed to respecting the sensitive nature of
children’s privacy online. If we learn or have reason to suspect that a user of
our Services is under age 13, we will promptly delete any personal information
in that user’s account. Special notice regarding Citizens and residents of
the European Union: Citizens of the EU who are younger than 16-years-old may
provide personal information provided consent is actually given or
authorized by the holder of parental responsibility over the child.
OR STOLEN INFORMATION. You must promptly notify us if your credit card, user
name, or password is lost, stolen, or used without permission. In such an
event, we will remove that credit card number, user name, or password from your
account and update our records accordingly.
INFORMATION. The Services contain links to other third-party websites. We are
not responsible for the privacy practices or the content of such websites. We
also make chat rooms, forums, message boards, and news groups available to you.
Please understand that any information you voluntarily disclose in these areas
becomes public information and is not our responsibility. Thereafter, you
should exercise caution when deciding to disclose your Personal Information in
DISPUTES REGARDING PERSONAL DATA COMPLAINTS
Process. Any individual may bring complaints relating to Company’s use of
to the company by sending notice of the complaint to the Company’s
Consumer Relations Officer at [email protected]. Company shall respond in a reasonable time not to extend
beyond 45 days.
Faith Negotiation; Arbitration. Should the dispute not be
resolved satisfactorily in good faith negotiations between you and the Company,
Company shall act in good faith to provide, free of charge, accessible and independent
dispute resolution though an independent dispute resolution service provider
located in San Francisco, California. Should that not be successful, either
party may then elect to resolve any remaining dispute through a neutral,
binding, non-appearance-based arbitration under the Commercial Rules of
Arbitration of the American Arbitration Association conducted in San Francisco,
California. The Arbitrator and the parties must comply with the following
rules: (a) the arbitration will be conducted, at the option of the party
seeking relief, by telephone, online or based solely on written submissions;
(b) the arbitration will not involve any personal appearance by the parties or
witnesses unless otherwise mutually agreed by the parties; and (c) any judgment
on the award rendered by the arbitrator may be entered in any court of
PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISPUTE RESOLUTION AGREEMENTS
RESULT IN EACH PARTY GIVING UP HIS, HER OR ITS RIGHT TO A JURY TRIAL OF ALL
ISSUES. EACH PARTY HEREBY EXPRESSLY WAIVES HIS, HER, OR ITS RIGHT TO A JURY
TRIAL WITH RESPECT TO ANY AND ALL DISPUTED ISSUES IN ANY MANNER RELATING TO OR
ARISING OUT OF THE TERMS AND CONDITIONS OR PERFORMANCE OR NON-PERFORMANCE OF
TERMS AND CONDITIONS OF THIS AGREEMENT.
Class Actions. You and Company agree that you may bring claims against the
other only in your individual capacity and not as a plaintiff or class member
in any purported class or representative proceeding. Further, you agree that
the arbitrator may not consolidate proceedings of more than one person’s claims
and may not otherwise preside over any form of a representative or class
of Action. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of this Agreement
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
posting such change, update, or modification on the Services and without any
other notice to you. Any such change, update, or modification will be effective
immediately upon posting on the Services.