Terms and Conditions of Use
1. The website located at MONEYTANO.COM (the “Website”) and the content available via the Website or our emails (the “Content”) are distributed byAmopictures Limited (“we”, “us”, “our” or the “Company”). The Website, together with the Content, tools, transactions and other services available by using the Website, are collectively referred to as the “Service”.
2. Your access and use of the Service constitutes your agreement to be bound by these Terms and Conditions of Use (the “Terms”), which establishes a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.
3. Please review also our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
4. Unless otherwise expressly provided herein, we will alert you about any changes by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change.
5. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 5), LIMITATION OF LIABILITY (SECTION 6), AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION (MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 9, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 9.
6. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS OR USE THE SERVICE.
1. You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by the Company to operate the Service (including the Website and the Content and excluding any User Content (as defined below)) is proprietary to us or to third parties.
2. The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
3. The information you submit to us as part of your use of our Website, and any data, text and other material that you may submit or post to us (“User Content”) remain your intellectual property, and the Company does not claim any ownership of the copyright or other proprietary rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.
4. You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service.
5. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, license (without the right to sublicense) to use the Service solely for your personal, non-commercial purposes.
6. You agree, and represent and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.
7. We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Company's actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
8. Your access to and use of the Service is at your own risk. The Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.
9. The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company's sole discretion.
1. The Service may contain links to third party websites or resources and advertisements for third parties (collectively, “Third Party Ads”). Such Third Party Ads are not under the control of the Company and the Company is not responsible for any Third Party Ads. The Company provides these Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Ads. Advertisements and other information provided by Third Party Sites Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a third party site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Ads that are found on or through the Website, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
2. Each user of the Service is solely responsible for any and all his or her User Content. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
3. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any other Service users, or any Third Party Ads.
1. By using the Service, you represent and warrant that:
- you have the legal capacity and you agree to comply with these Terms;
- you are not under the age of 16;
- you will not access the Service through automated or non-human means, whether through a bot, script or otherwise;
- you will not use the Service for any illegal or unauthorized purpose;
- you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country;
- you are not listed on any U.S. government list of prohibited or restricted parties; and
- your use of the Service will not violate any applicable law or regulation.
2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).
3. You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
4. As a user of the Service, you agree not to:
- systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- make any unauthorized use of the Service;
- make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
- use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
- make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;
- use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
- use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;
- circumvent, disable, or otherwise interfere with security-related features of the Service;
- engage in unauthorized framing of or linking to the Service;
- interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
- attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
- upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;
- use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
- use the Service in a manner inconsistent with any applicable laws or regulations; or
- otherwise infringe these Terms.
THE WEBSITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE WEBSITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (I) THE SERVICE, CONTENT OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (II) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) ANY RESULT OR OUTCOME CAN BE ACHIEVED.
1. NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE WEBSITE OR CONTENT), OR THIRD PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE WEBSITE, CONTENT AND USER CONTENT), AND THIRD PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE, CONTENT OR SERVICE IS LIMITED TO USD100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.
3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or (ii) your violation of these Terms. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.
PLEASE READ THIS PROVISION CAREFULLY TO ENSURE THAT YOU UNDERSTAND—THIS SECTION CONTROLS HOW DISPUTES BETWEEN YOU AND THE COMPANY WILL BE ADDRESSED.
BY AGREEING TO THIS PROVISION, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT AND YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.
YOU ARE ALSO AGREEING TO RESOLVE ALL DISPUTES BETWEEN YOU AND THE COMPANY THROUGH BINDING ARBITRATION UNLESS YOU EXERCISE YOUR RIGHT TO REJECT ARBITRATION AS PROVIDED BELOW.
You and Amopictures Limited (“we” or the “Company”) agree to resolve all Disputes through binding arbitration, as described below, except for: all Disputes (including any related disputes involving the Company, its subsidiaries, or its affiliates) except for: (i) claims that fall within the jurisdiction of a small claims court, provided such claims are not class action disputes and also meet the court’s jurisdictional and monetary limits; and (ii) disputes related to intellectual property rights. A “Dispute” means any claim, controversy, or legal action—whether arising from past, present, or future events, and based on contract, tort, statute, or common law—between you and the Company regarding the Website, Services, or this agreement (the “Arbitration Agreement”). “Dispute” also includes disputes about the interpretation, applicability, or enforceability of these terms or the formation of this Arbitration Agreement, including whether any part of it is invalid or unenforceable.
Mandatory Pre-Filing Notice Procedure
You and we agree that good faith, informal efforts to resolve disputes often result in a faster, inexpensive outcomes. Therefore, if you intend to assert a claim for any Dispute (as defined above) against the Company, you must first send the Company a written notice of the Dispute (“Notice”) that gives the Company some basic information about you and the Dispute. Any Notice must include (i) your name, address, and email address, (ii) a detailed description of your Dispute; (iii) any relevant facts regarding your use of the Website and Service (including your account ID, profile screenshots, and anything else that will help us identify your account; (iv) a detailed description of the relief you are seeking, including a calculation of any money damages you are seeking; and (v) a personally signed statement from you (and not your attorney) verifying the accuracy of the information in Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. If you are filling out a Notice for another person, you must include all information described above, and also a statement describing your relationship to the person and why the person is unable to fill out the Notice for themselves.
You must send the Notice to the Company at the following address:
1st Floor, Georgiou Christoforou 8, 2012, Strovolos, Nicosia, Cyprus
Attention: Legal
If we need to send you a Notice, we will send the Notice to you at the contact information we have available for you, which may include, if applicable, the contact information associated with your account.
After we receive a Notice, you and us are agree to engage in good faith efforts to resolve the Dispute between us for a period of 60 days through informal negotiation. The 60-day period can be extended if you and we agree that such an extension is likely to lead to resolution. As part of the informal negotiation process, you and we agree that we will both attend at least one individualized video conference (”Video Conference”). The Video Conference can be via Zoom, Microsoft Teams, WhatsApp, or any other similar platform that you and we agree on and that we both have access to. The Video Conference can be held after the 60-day period, if necessary. If you are represented by an attorney in your Dispute, your attorney may participate in the Video Conference, but you are still required to attend and participate in good faith. The Company is also required to participate in the Video Conference by sending one or more of its representatives, and the Company may also send one or more of its attorneys. If you are unable to participate in the Video Conference by video, you may attend telephonically if you certify in writing that circumstances exist that prevent you from appearing by video (such as your lack of access to phone with a working camera or your inability to connect to a stable internet connection). You and we agree that we (and our attorneys, if represented) shall work cooperatively to schedule the Video Conference at the earliest mutually-convenient time after we receive a Notice. You and we also agree to use our best efforts to resolve the Dispute at the Video Conference. If you and we cannot resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agree), you or we may commence an arbitration proceeding or a small claims court proceeding.
Compliance with these Informal Dispute Resolution Procedures Mandatory and Pre-Filing Notice procedures (including the Video Conference requirement) are a condition precedent to initiating any arbitration or small claims court action. Failure to follow the procedures is a breach of this Arbitration Agreement.
The Mandatory Pre-Filing Notice procedures are essential so that you and the Company have a meaningful opportunity to resolve Disputes in an inexpensive and efficient manner. Unless prohibited by applicable law, the arbitration provider shall not accept or administer any demand for arbitration unless the party bringing the demand for arbitration certifies in writing that the Mandatory Pre-Filing Notice procedures (including the Video Conference requirement) were fully satisfied. If the party brining the demand for arbitration fails to include a written certification that the Pre-Filing Notice procedures (including the Video Conference) were not met, then the arbitration forum shall administratively close the demand for arbitration and no fees shall be due from the responding party. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action accordingly.
All offers, promises, conduct, and statements made in the course of the Mandatory Pre-Filing Notice process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding (except as required to certify in writing that the Mandatory Pre-Filing Notice procedures were completed before submitting a demand for arbitration). Evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable by this section.
Small Claims Court
Subject to applicable jurisdictional requirements and Mandatory Pre-Filing Notice requirements explained above, you or the Company may elect to pursue a Dispute in a local small claims court rather than through arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the Dispute heard in small claims court. At that time, the arbitral forum will administratively close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
What is Arbitration?
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award some of the same individualized damages and relief that a court can award. An arbitrator cannot, however, order a party to act or stop doing something—this is known as “equitable relief.” Either you or we can go to court and seek equitable relief, including by filing a motion to compel the other party to follow this Arbitration Agreement. However, you and we agree that the only courts where we will seek equitable relief are the state and federal courts in Delaware. This exception for equitable relief does not waive this Arbitration Agreement. You and we agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of this provision. A court of competent jurisdiction has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of these terms and the termination of your account.
CLASS ACTION AND JURY TRIAL WAIVER
TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT DESCRIBED ABOVE). YOU AND THE COMPANY EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST THE OTHER, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST THE COMPANY. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE LITIGATED IN COURT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED BASIS.
EXCEPT FOR THE MASS FILING PROCEDURES DESCRIBED BELOW, YOU AND WE AGREE THAT
- THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM.
- THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.
IF A COURT DETERMINES THAT ANY OF THE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE FOR A PARTICULAR CLAIM OR REQUEST FOR RELIEF, AND ALL APPEALS OF THAT DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND THE COMPANY AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCEDURE) SHALL BE NULL AND VOID.
Arbitration Procedure
The arbitration will be governed by applicable rules of National Arbitration & Mediation (“NAM”) (including the Comprehensive Dispute Resolution Rules and Procedures and the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”), as modified by this Arbitration Agreement, and will be administered by NAM. To the extent the NAM Rules governing discovery procedures in arbitration are inconsistent with substantive law of the state where your claim arose, the arbitrator will apply the substantive law of the state where your claim arose. The NAM Rules are available online at https://www.namadr.com or by requesting them in writing at the Notice address listed above. You may obtain a form to initiate arbitration with NAM at:https://www.namadr.com/content/uploads/2024/03/Comprehensive-Demand-for-Arb-revised-3.21.2024.pdf or by contacting NAM.
If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.
You and we agree that the party initiating arbitration must submit a written certification that they have complied with and completed the Mandatory Pre-Filing Notice and Informal Dispute Resolution Procedures requirements enclosed with any demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their attorney, if represented).
The arbitration will be in English. A single independent and impartial arbitrator will be appointed remotely pursuant to the NAM Rules, as modified herein. You and the Company agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties or the arbitrator decides that a formal hearing is necessary.; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
If an in-person hearing is required and you reside in the United States, the hearing will take place in either Delaware, unless the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the NAM Rules.
The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of Florida in conducting the arbitration, unless prohibited by the substantive laws of the state where your claim arose. For such claims, the arbitrator will apply the substantive law of the state where your claim arose. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings.
The Arbitrator is bound by and shall adhere to this Arbitration Agreement. In the event NAM Rules conflict with this Arbitration Agreement, the terms of this Arbitration Agreement shall control. If the Arbitrator determines that strict application of any term of this Arbitration Agreement would result in a fundamentally unfair arbitration, then the Arbitrator shall have the authority to modify such term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with efficient and inexpensive resolution of Disputes.
Unless you and Сompany otherwise agree, the arbitration will be conducted virtually via video or teleconference.
Decision of the Arbitrator
Barring extraordinary circumstances, the arbitrator will issue their decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim.
The arbitration award is binding only between you and the Company and will not have any preclusive effect in another arbitration or proceeding that involves a different party.
Fees
The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. If after exhausting any potentially available fee waivers, the arbitrator finds that the arbitration fees will be prohibitive for you as compared to litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith.
You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees.
Confidentiality
Upon either your or our request, the Arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.
Settlement Offers and Offers of Judgment
At least ten (10) calendar days before the date set for the arbitration hearing, you or the Company may serve a written offer of judgment upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs from the time of the offer (which, solely for purposes of offers of judgment, may include reasonable attorneys’ fees to the extent they are recoverable by statute, in an amount not to exceed the damages awarded).
The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual settlement offer(s) or offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.
Additional Procedures for Mass Arbitration Filings
The following provisions set forth additional procedures that apply to mass arbitration filings. If twenty-five (25) or more similar claims are asserted against the Company by the same or coordinated attorneys or are otherwise coordinated, consistent with the definition and criteria of “Mass Filings” set forth in the NAM Rules, you and we understand and agree that these additional procedures shall apply and the resolution of your dispute might be delayed. You and we agree that throughout this process, our attorneys shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You and we agree to make all reasonable efforts to maximize the integrity and efficiency of arbitration to resolve Disputes between us, particularly those involving Mass Filings, and further commit to acting in good faith to adhere to the procedures established in this section. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of claims.
Bellwether Arbitrations for Mass Filings. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated as the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration in a Mass Filing, the filing fees (together with any arbitrator consideration of the other demands) will be held in abeyance, and neither you nor the Company will be required to pay any such filing fees. You and the Company also agree that neither you nor we shall be deemed to be in breach of this Arbitration Agreement for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.
Global Mediation in Mass Filings. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the Parties may choose to opt out of the arbitration process and proceed in court with the remaining claims. Notice of the opt-out shall be provided in writing within 60 days of the close of the Global Mediation. Absent notice of an opt-out, the arbitrations may then be filed and administered by the arbitration provider. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the global mediation process.
Severability. If any part of this Mass Arbitration provision is declared invalid, void, or unenforceable, then that provision is severable from the Arbitration Agreement and shall not affect the validity and enforceability of the remaining provisions.
Opting Out of this Arbitration Agreement.
Existing Users. Users who previously agreed to arbitrate may reject this updated Arbitration Agreement by following the opt-out method below, but such users will still be bound by the most recent prior version of the Arbitration Agreement and will otherwise be bound by these terms. Previous or existing users who do not opt out of this updated Arbitration Agreement will be bound by this Arbitration Agreement and it shall apply to all disputes between such users and the Company, including those arising (but not actually filed in arbitration) before the effective date of these terms. Arbitration demands that have already been actually filed with an arbitration provider before the effective date of this Arbitration Agreement and in compliance with a prior version of this Arbitration Agreement are subject to the prior version's terms.
New Users. Users who create an account with the Company for the first time on or after may opt out of this Arbitration Agreement.
Method and Impact of Opting Out. Subject to the above, you may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to: info@amomama.com, within 31 days after the Arbitration Agreement became effective, as indicated in the “Last Updated” date of the terms . Your notice must include:
- Your name
- Your username (if any)
- The email address and/or phone number you used to set up your account (if you have one)
- An unequivocal statement that you want to opt out of this Arbitration Agreement
If you opt out of this Arbitration Agreement, all other parts of the terms and any other agreements between you and the Company will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Arbitration Agreement Survival. This Arbitration Agreement will survive the termination of your relationship with the Company, including any revocation of consent or other action by you to end your participation in the Service or any communication with the Company.
Severability. If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
The laws of the State of Florida, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located of Delaware, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
Nothing in these Terms shall deprive you of the consumer protection rights granted by the mandatory laws of your country of residence.
If you have a complaint, please contact us at info@amomama.com. If we do not resolve your complaint to your satisfaction, you may (but are not obligated to) use the out-of-court settlement procedures for consumer disputes. List of the dispute bodies is available at https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en. The Company does not participate in any alternative dispute resolution scheme, except as required by law.
If a dispute arises under these Terms, you may bring legal proceedings before the competent courts of your habitual residence in the EEA or UK, and these courts shall have exclusive jurisdiction over the dispute. The Company shall also submit any disputes to the courts in your country of habitual residence.
These Terms, the Service, and any dispute between you and the Company shall be governed by the laws of England and Wales, excluding its conflict of law provisions and the 1980 UN Convention on Contracts for the International Sale of Goods, which shall not apply.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
You agree that, regardless of any statute or law to the contrary or any applicable dispute resolution process, any claim or cause of action arising from or related to the use of the Service or these Terms must be filed within one (1) year from the date the claim or cause of action first arose. Failure to do so will result in your claim being permanently barred.
The provisions of this section, titled “Limitation on Claims Period”, constitute a separate legally binding agreement between you and the Company.
1. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by the Company of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.
2. Subject to SECTION 9, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
3. Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and the Company regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
4. The Company may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give the Company consent to any such assignment and transfer. You confirm that placing on the Service of a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of Company's rights and obligations under the Agreement (unless otherwise is expressly indicated).
5. All information communicated on the Service is considered an electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
6. In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Company's reasonable control.
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: info@amomama.com
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.