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Privacy Agreement
Weamrite
END-USER LICENSE AND TERMS OF SERVICE
PLEASE READ THE FOLLOWING END-USER LICENSE AGREEMENT AND TERMS OF SERVICE (“AGREEMENT”) CAREFULLY.
THIS AGREEMENT TOGETHER WITH OUR PRIVACY POLICY CAN BE FOUND AT https://www.weamrite.com/privacy-agreement (THE “PRIVACY POLICY”) IS LEGAL AGREEMENT BETWEEN YOU AND WEAMRITE BY DOWNLOADING, ACCESSING, INSTALLING OR USING WEAMRITE “MOBILE APPLICATION” OR “WEBSITE” OR BY USING OR RECEIVING ANY SERVICES SUPPLIED TO YOU BY WEAMRITE (COLLECTIVELY WITH THE” MOBILE APP” AND THE “WEBSITE”, THE “SERVICES”), YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THE TERMS OF THIS AGREEMENT, AND YOU AGREE TO THE ARBITRATION AGREEMENT (UNLESS YOU FOLLOW THE OPT-OUT PROCEDURE) AND CLASS ACTION WAIVER DESCRIBED IN SECTION 19 OF THIS AGREEMENT TO RESOLVE ANY DISPUTES WITH WEAMRITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS, INSTALL OR USE THE SERVICES.
If you do not agree to be bound by this Agreement, then you may not use the Services. Weamrite reserves the right to modify this Agreement at any time without prior notice. You agree that each visit you make to the Website or the Mobile App will be subject to the then-current Agreement, and continued use of the Services now or following modifications in this Agreement confirms that you have read, accepted, and agreed to be bound by such modifications. The term “you” or “user” shall refer to any person or entity who uses, downloads, accesses, browses the Mobile App or the Website or uses or receives any Services.
Products; Regulatory Compliance. You agree that your use of the Services, the purchase of any of the products contained on the Mobile App or the Website (“Products”), delivery of the Products, and/or use of the Products will not violate any local, state, or federal laws and regulations (the “Laws”), including, but not limited to, the Family Smoking Prevention and Tobacco Control Act (21 USC §301 et seq.), the Food, Drug and Cosmetic Act
- (Section 801(p)(1)), and the Prevent All Cigarette Trafficking Act (PL 111154). You further certify that the intended use of the Products will not be as drug paraphernalia in violation of 21 USC §863 (PL 113-31). Weamrite does not promote the use of marijuana or any other controlled substance as defined in 21 USC §863 (PL 113-31). The Products are solely for legal, personal tobacco use and nothing in the Website or the Mobile App shall be construed as condoning or promoting the use of any controlled or illegal substance. The Services are intended for mature users only. By viewing, using or accessing the Services, you certify that you are at least 18 years of age (or 21 years of age in states that mandate the legal age to purchase tobacco and/or tobacco related products to be 21), are legally authorized to purchase tobacco and tobacco-related products, and will provide photo identification upon delivery to verify your age. You agree that you will not furnish tobacco obtained through Weamrite to any Person who is not a lawful consumer.
2. Your use of the Services is subject to all applicable Laws. It is your responsibility to provide the mobile device, wireless service/data plan, software, internet connections and/or other equipment needed, in order to download, install and use the Services. You are solely responsible for any fee, cost or expense that you may incur, to download, install and/or use the Services via your computer, mobile device or smartphone. When you use the Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies and terms of use of these third parties. WE DO NOT GUARANTEE THAT THE SERVICES CAN BE ACCESSED AND USED ON ANY PARTICULAR DEVICE OR WITH ANY PARTICULAR SERVICE PLAN. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE IN, OR THAT ORDERS FOR PRODUCTS CAN BE PLACED FROM, ANY PARTICULAR GEOGRAPHIC LOCATION.
Weamrite reserves the right to change, suspend, remove, or disable access to the Services at any time without notice. In no event will Weamrite be liable for the removal of or disabling of access to the Services. Weamrite may also impose limits on the use of or access to the Mobile App, the Website or to certain Services, in any case and without notice or liability.
As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the App (“Push Messages”). You acknowledge that, when you use the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Services, including your receipt of Push Messages from Weamrite.
3. License Grant. Subject the limitations contained in this Agreement, your compliance with this Agreement and your payment of any applicable fees, Weamrite hereby grants to you, subject to the terms and conditions of this Agreement, a limited, non-exclusive, non-transferable, non-sublicensable, personal license to access and make personal and non-commercial use of the Services (including updates and upgrades that replace or supplement the Services in any respect and which are not distributed with a separate license, and any documentation) on a mobile device or computer that you own or control, subject to the limitations set forth below. This license does not include any resale or commercial use of any Service, or the Products; any collection and use of any Product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Agreement does not permit you to install or use the Mobile App on a mobile device that you do not own or control and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.
All rights not expressly granted to you in this Agreement are reserved and retained by Weamrite or its suppliers, rights holders, or partners. No part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Weamrite. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Weamrite without express written consent. You may not use any meta tags or any other “hidden text” utilizing
Weamrite’s name or trademarks without the express written consent of Weamrite. You may not misuse the Services. You may use the Services only as permitted by Law and this Agreement. The licenses granted by Weamrite terminate if you do not comply with this Agreement.
4. License Limitations. You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Weamrite. Except as specifically permitted herein or expressly authorized in writing by Weamrite, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (b) use the Services in any service bureau arrangement; (c) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c). You understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable Law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services); (iii) use any means to discover the source code or to discover the trade secrets in the Services; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of Weamrite. If you breach these restrictions, you may be subject to prosecution and damages.
5. Terms of Service. You agree that: (a) you will not use the Services if you are not fully able and legally competent to agree to the terms of this Agreement; (b) you will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (c) you will not use the Services to advertise, solicit or transmit commercial advertisements, including “spam”; (d) you will not use the Services to cause nuisance, annoyance or inconvenience; (e) you will not impair the proper operation of the network, (f) you will not try to harm the Services in any way whatsoever; (g) you will not copy, or distribute the Services or other content without written permission from Weamrite; (h) you will only use the Services for your own use and will not resell it to a third party; (i) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services; (j) you will only use an access point or 3G/4G data account which you are authorized to use; (k) you will provide us with whatever proof of identity we may reasonably request; (l) you will provide our driver with your state issued ID when the delivery arrives that proves that you are the requisite age as applicable, and, if such state issued ID was not issued by the state in which such delivery occurs, upon request, you will provide such other form(s) of identification as may be requested by the driver; (m) we may decline your delivery request for any reason; and (n) you are aware that a non-refundable $20 restocking fee (“Restocking Fee”) will be automatically charged to you if your delivery has been declined for any reason. Weamrite makes no representation as to any Laws of any jurisdiction regarding the sale, service, transportation or delivery of Products to a customer/consumer, including you. Weamrite shall not be liable for any loss or damage arising from your failure to comply with the terms set forth in this Agreement or to comply with applicable Law. Weamrite explicitly reserves the right to refuse access to the Services at any time without notice for your failure to abide by the terms as set forth in this Agreement or to comply with applicable Laws.
6. Fees. Any fees which Weamrite may charge you for the Services are due immediately. When you initiate a transaction with us, Weamrite’s third party payment processor will authorize your credit or debit card for the full amount of your purchase. We may decline an order for any reason. If your order is declined by us, you will receive a full refund. If your order is canceled by you after it has been sent for delivery, you will receive a full refund, less the Restocking Fee. A full refund may be issued by Weamrite for any reason. Weamrite, at its sole discretion, may make promotional offers with different features and different rates to any customer. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for the Services in our sole discretion.
7. Reservation of Rights. All rights not expressly granted to you in this Agreement are reserved and retained by Weamrite or its suppliers, rightsholders, or partners. No part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Weamrite.
8. Account and Password. If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. Weamrite does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Services only with involvement of a parent or guardian. Tobacco and tobacco-related Products are intended for adults. Weamrite reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
9. No Third Party Beneficiary. By accessing the Services you certify that such access is for your own benefit and information, and that the Products are solely for your own personal use and not for any other Person. “Person” shall include all natural persons, corporations, legal entity, and any of their/its directors, officers, agents, servants, employees, affiliates, subsidiaries, or partners.
10. Third Party Materials. The Services may display, include or make available content, data, information, applications or materials from third parties including Products (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Weamrite is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Weamrite does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party services, Third Party Materials or websites, or for any other materials, products, or services of third parties.
11. Indemnification. By entering into this Agreement and using the Services, you agree that you will indemnify, defend and hold harmless Weamrite, and its partners, owners, parent organizations, subsidiaries, and affiliates, and their respective directors, officers, stockholders, agents, servants, employees and attorneys (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, proceedings, losses, damages, fines, penalties, liabilities, judgments, orders, costs and expenses (including reasonable attorneys’ fees and legal costs) sustained or incurred by or asserted against the Indemnified Parties by reason of, arising from, or in any way attributable to: (a) your violation or breach of any term of this Agreement or any applicable Law or regulation; (b) your violation of any rights of any third party; (c) your use or misuse of the Services; or (d) any negligence or wrongful act or omission of or by you or anyone acting on your behalf.
12. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.
Weamrite and its partners, owners, subsidiaries, and affiliates, and their respective directors, officers, agents, servants, and employees (the “Weamrite Entities) shall not be held liable for your use of the Services, any purchases using the Services, or any injury alleged to have been caused by either. Weamrite reserves the right to deny the sale and/or delivery of any Product, which it determines may or shall violate applicable Laws. The exercise of this right does not alleviate, amend, eliminate, or abridge your obligation to adhere to applicable Laws, nor does it impose an affirmative responsibility on Weamrite to verify your adherence to applicable Laws.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WEAMRITE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES OR THE PRODUCTS (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. WEAMRITE DOES NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, (D) DEFECTS IN THE SERVICES WILL BE CORRECTED OR (E) THAT THE APP WILL BE AVAILABLE FOR REINSTALLS ON THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY WEAMRITE OR ITS AUTHORIZED AGENT OR REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL ANY WEAMRITE ENTITY BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF A WEAMRITE ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES, INCLUDING ANY LOSS OF PROPERTY OR REVENUES OR ANY CLAIM, DEMAND OR DAMAGES ARISING FROM ANY TRANSACTION THROUGH THE SERVICES INITIATED OR COMPLETED BETWEEN YOU AND WEAMRITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
If, for any reason, a court finds Weamrite liable for damages notwithstanding the foregoing, in no event shall the Weamrite Entities’ total liability for all damages arising out of or in connection with the Services or this Agreement exceed the amount paid by you to Weamrite for your use or receipt of the Services. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms of this Agreement and that Weamrite would not be willing to perform the Services or grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Weamrite to grant you the rights set forth in this Agreement.
13. The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other Laws. You acknowledge and agree that Weamrite and/or its licensors own all right, title and interest in and to the Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Weamrite’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of this Agreement.
Any and all (a) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Weamrite by you (collectively “Feedback”), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by Weamrite or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of Weamrite. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Weamrite and Weamrite may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Weamrite any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Weamrite’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
14. We may modify this Agreement at any time. Modifications become effective immediately upon your first access to or use of the Services after the “Last Revised” date at the end of this Agreement. Your continued access or use of the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Agreement. If you do not agree with the modifications, then please uninstall and do not access or use the Services.
15. This Agreement is effective until the earlier of the date that you uninstall the App, you fail to comply with any term of this Agreement or Weamrite terminates this Agreement. Weamrite may suspend or terminate your account(s) or cease providing you with all or part of the Services at any time for any reason, with or without notice to you, including, but not limited to, if we reasonably believe: (a) you have violated this Agreement, (b) you create risk or possible legal exposure for us; or (c) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you of such cessation or termination by the email address associated with your account(s) or the next time you attempt to access your account(s) or the Services. Upon termination, you will cease all use of the Services and will destroy all copies (full or partial) of the App in your possession or control. Termination will not limit any of Weamrite’s other rights or remedies at Law or in equity. This Section 15 along with Sections 6, 11, 12, 13, 15, 17, 18, 19, 20 and 21 shall survive termination or expiration of this Agreement for any reason.
16. Export Laws. You agree that you will not export or re-export, directly or indirectly the the Services and/or other information or materials provided by Weamrite hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval.
17. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with this Agreement by any authority.
18. Injunctive Relief. You agree that a breach of this Agreement will cause irreparable injury to Weamrite for which monetary damages would not be an adequate remedy and Weamrite shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at Law without a bond, other security or proof of damages.
19. Dispute Resolution – Arbitration, No Class Actions. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THIS AGREEMENT OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration Law apply to this Agreement. If you do not want to arbitrate disputes with weamrite and you are an individual, you may opt out of this arbitration agreement by sending an email to our customer support team at support@weamrite.com within 30 days of the earlier of the day you first access or use the App and the day you first receive any of the Services. If you intend to seek arbitration you must first send written notice to weamrite of your intent to arbitrate (“Notice”). The Notice to weamrite should be sent by any of the following means: (i) electronic mail to support@weamrite.com; THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD. If you intend to seek arbitration you must first send written notice to Weamrite’s Customer Service Center of your intent to arbitrate (“Notice”). The Notice to Weamrite should be sent by any of the following means: (i) electronic mail to support@weamrite.com; or (ii) sending the Notice by U.S. Postal Service certified mail to our registered agent Corporation Service Company, 300 E Godfrey Ave, #120, philadelphia, PA, 19120, united states. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the notice is received, you or weamrite may commence an arbitration proceeding. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules as modified by this Agreement, including the AAA’s Supplementary Procedures for Consumer Related Disputes. The AAA’s rules are available at www.adr.org the number of arbitrators shall be one. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse all AAA filing, administration and arbitrator fees paid by you for claims totaling less than $10,000, unless the arbitrator determines that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), in which case the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse Weamrite for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Weamrite will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claim or the relief sought is improper or not warranted. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to the paragraph below. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court for injunctive relief, including to enjoin infringement or other misuse of intellectual property rights.
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20. Applicable Law, Venue, and Jurisdiction. By using any Service, you agree that the Federal Arbitration Act, applicable federal Law, and the Laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of Laws, will govern this Agreement and any dispute of any sort that might arise between you and Weamrite.
21. Miscellaneous. This Agreement may not be modified by you except by a writing executed by the duly-authorized representatives of Weamrite. This Agreement will inure to the benefit of and will be binding upon each party’s successors and assigns. Weamrite’s failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. This Agreement and the licenses granted hereunder may be assigned by Weamrite but may not be assigned by you without the prior express written consent of Weamrite. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in this Agreement will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of this Agreement but are for convenience only. You and Weamrite agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of this Agreement. Your use of the Services may also be subject to other local, state, national, or international Laws.
This Agreement sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.