Terms and Conditions
LittleGenius Factory ("Company", "we" or "our") provides access to information through our website accessible at the URL https://www.iletirebouchon.com/ and https://www.corkscrewsisland.com/ (the "Sites") and we may provide the possibility of using certain features of the Sites or of providing services of any kind (the "Services"). The Sites and the Services are only made available to you under the following conditions (the "Conditions").
PLEASE READ THE TERMS CAREFULLY. BY USING THE SITES OR THE SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT
(i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE AT LEAST 18 YEARS OF AGE. NOTE THAT YOU MAY NOT USE THE SITES OR THE SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT ACCEPT ANY OF THE TERMS BELOW, WE DO NOT WANT YOU TO ACCESS THE SITES OR THE SERVICES.
I. ACCESS TO OUR ONLINE SERVICES AND TOOLS
In order to use certain features of the Sites or the Services, you must register for an account with the Company (“Account”) and provide certain information about yourself as requested by the sites registration forms. You represent and warrant that: (a) all required registration information that you submit is true and correct; and (b) you will maintain the accuracy of this information. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activity that occurs under your account. You agree to immediately notify the Company of any unauthorized use or suspected unauthorized use of your account or any other breach of security. The company cannot and will not be liable for any loss or damage resulting from your failure to comply with the above requirements.
B. Access to the functionalities of the online services
Subject to these Terms, we grant you a limited, non-exclusive and non-transferable personal license to (a) access and use the Sites and the Services and (b) download, install and use any software (in object code form only) , scripts, and other content that we may from time to time specifically identify on the Sites as available for download ("Downloadable Tools"). Downloadable Tools are considered part of the “Service”. Your use of any downloadable tool may be subject to additional terms and conditions that accompany such downloadable tools.
C. General restrictions on use
The rights granted to you by these Terms will only remain in effect while these Terms remain in effect. You may not lease, transfer, assign, commercially exploit, resell or sublicense access to the Service to a third party. You may only use the Site and the Services (including downloadable tools) for personal, non-commercial purposes. You further agree not to combine or integrate the Site and the Services (including Downloadable Tools) with hardware, software or other technologies or materials not provided by us. You may not modify or create any derivative product based on the Site, Site, and Services (including Downloadable Tools). You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or collect the source code from which any component of the Site and the Services (including Downloadable Tools) is compiled or interpreted, and nothing in these Terms should only be construed as granting you the right to obtain or use the source code. Unless expressly stated otherwise herein, no part of the Site or the Services (including Downloadable Tools) may be copied, reproduced, distributed, republished, downloaded, displayed, published or transmitted in any form or by any means. . Any future version, update or other addition to the functionality of the Site or the Services will be subject to these Terms. You agree not to use the Site and the Services (including Downloadable Tools) to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another person; (c) collect or store personal data about other users; (d) impersonate a person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or the servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of the networks connected to the Services. Without our written consent, you may not (i) use high volume, automated or electronic means to access the Services (including, without limitation, bots, spiders or scripts); or (ii) frame the Site, place pop-up windows on its pages, or otherwise affect the display of its pages. You agree that all information about yourself that you voluntarily provide to us is truthful, accurate, complete and up to date.
D. Use of third party offers
You may be able to access websites, content, products or services provided by third parties through links that are made available on the site. We refer to all of these websites, content, services and products as “third party offerings”. For example, we may allow third parties to advertise their products and services on the site, and such advertisements may contain links to the website (s). advertisers. If you choose to use these third party offerings, you understand that your use of them will be subject to the terms and conditions required by the relevant third party provider (s). You understand that we are not the provider of such third party offers and that we are not responsible for such third party offers and that these terms do not grant you any right to access, use or purchase any offers. of third parties.
Between you and us, we and / or our vendors and suppliers, as the case may be, retain all rights, title and interest in the Site and Service (including downloadable tools), and all related intellectual property rights, other as the user. Content. The company and its suppliers reserve all rights not granted in these conditions. Unless you obtain the prior written consent of the copyright owner, you may not copy, distribute, publicly perform, publicly display, perform digitally (in the case of sound recordings), or create works derived from any work protected by copyright made available or accessible through the Site. or the Services. If you provide the Company with comments or suggestions regarding the Site or the Services ("Comments"), you hereby assign to the Company all rights to the Comments and agree that the Company will have the right to use such Comments. and related information as it deems appropriate. . The Company will treat any feedback you provide to the Company as non-confidential and non-proprietary. You agree not to submit to the Company any information or ideas that you consider confidential or proprietary.
Copyright © 2020, Little Genius Factory. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site or the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of a third party who may own the Marks.
II. USER CONTENT
A. User Content.
“User Content” means all information and content that a User submits or uses with the Site or Services (for example, User Profile content, photographs or other publications). You are solely responsible for your User Content and assume all risks associated with the use of your User Content. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You cannot represent or imply that your User Content is provided, sponsored or endorsed in any way by the Company. Because you are solely responsible for your User Content (and not the Company), you may be liable if, for example, your User Content violates the Acceptable Use Policy. The Company is not obligated to back up any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you wish.
You hereby grant, and you represent and warrant that you have the right to grant to Company an irrevocable, non-exclusive, royalty-free, fully paid worldwide license and authorization to reproduce, distribute, display and perform publicly, prepare derivative works of, incorporate into other works, and otherwise use your User Content (including your name and / or your child's name, voice, photograph and likeness) and to grant sub-licenses to the foregoing, for the purposes of including your user content in the site, services, other company products and services, and company marketing materials or endorsements. You agree to irrevocably waive (and cause to be waived) all claims and assertions of moral or attribution rights with respect to your User Content.
C. Acceptable Use Policy.
The following defines the Company's "Acceptable Use Policy": You agree not to use the Site or the Services to collect, download, transmit, display or distribute any User Content (i) that violates any third party rights, including including any copyright, trademark, patent, trade secret, moral right, right to privacy, right of publicity or any other intellectual property or property right; (ii) which is unlawful, harassing, abusive, tortious, threatening, harmful, invading the privacy of others, vulgar, defamatory, false, intentionally misleading, commercial defamatory, pornographic, obscene, clearly offensive, promotes racism, the intolerance, hatred or physical harm of any kind against a group or individual or otherwise objectionable; (iii) which is harmful to minors in any way; (iv) that violates any law, regulation or obligations or restrictions imposed by a third party; (v) which constitutes a computer virus, worm or any software intended to damage or alter a computer system or data; or (vi) which constitute unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, pyramid schemes or any other form of duplicate or unsolicited messages, whether commercial or others.
We reserve the right (but have no obligation) to review any User Content, investigate and / or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these terms or if you create a liability on our part. or any other person. These acts may include removing or modifying your user content, terminating your corporate account, and / or reporting to law enforcement authorities.
E. Other users.
Each site or service user is solely responsible for all or part of their user content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we do not guarantee the accuracy, timeliness, relevance or quality of any User Content, and we do not 'assume no liability for any user content. Your interactions with other users of the Site or the Service are only between you and that user. You agree that the Company will not be responsible for any loss or damage incurred as a result of such interactions. In the event of a dispute between you and any user of the Site or the Service, we are not required to get involved.
Release. You hereby release and forever release us (and our officers, employees, agents, successors and assigns) of, and waive and waive every dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of any kind and of any kind (including personal injury, death and property damage), which occurred or arose directly or indirectly from, or relate directly or indirectly to, any interaction with, or act or omission by other users of the Site or the Service.
III. TERMS AND CONDITIONS OF SALE
A. CERTAIN PRODUCT EXCLUSIONS.
WARNING: CHOKING HAZARD - SMALL PARTS. NOT FOR CHILDREN UNDER 5 YEARS OF AGE. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE BY CHILDREN UNDER FIVE (5) YEARS OF AGE AND MAY CONTAIN SMALL PARTS. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING OUT OF THIS USE.
B. Products and prices.
All products listed on the Site ("Products"), their descriptions and prices are subject to change. The company reserves the right, at any time, to modify, suspend or interrupt the sale of any product with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of any Product (except as stated in Section V). In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from our suppliers, we will have the right, before the 'acceptance of your order (as described below), to refuse or cancel such orders, whether the order has been confirmed and / or your credit card has been charged or not. If your credit card has already been charged for the order and we cancel it, we will immediately issue a credit to your credit card account in the amount of the charge.
When you place an order, you are making an offer to purchase, and that offer is subject to our acceptance. Your receipt of an order confirmation from us does not mean that we accept your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or reject or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we have sent you the order shipping information (or the accepted part of it). Notwithstanding the foregoing, you agree that if we cancel all or part of your order, your sole and exclusive remedy is that (a) we issue a credit to your credit card account for the amount charged for the canceled part (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the canceled portion of the order.
D. Terms of payment.
For each Product that you order on the Site, you agree to pay the price applicable to the Product at the time of your order ("Product Price"), the delivery costs of the delivery service that you select ("Delivery costs") , and all applicable taxes (defined below). If you order a subscription to a product (for a monthly term or for a period of 3 months, 6 months or twelve months) that renews automatically ("subscription"), you agree to pay the price of the applicable product, the delivery charges, and taxes on each automatic renewal date, until you cancel your subscription according to the instructions on the site. Your next billing date will be displayed on your account page next to each of your active subscriptions. We reserve the right to change the timing of our billing, in particular, if your payment method has not been successfully settled, your original purchase date is within 15 days of your auto-renewal date, there are unforeseen delays that hamper our ability to ship your product or changes have been made to your account or subscriptions. Please note that a subscription to a box can be changed from one box to another at your request or automatically by us to make it easier for you if you have received all the products available for a brand. If your subscription automatically switches from your current box (an “updated subscription”) to another box, you will be notified by email. You can decline an updated subscription in order to continue receiving product for your current box by contacting us at email@example.com. Please also note that if your subscription includes a reduced product price for a promotional period, after the promotional period expires, your subscription will be renewed at the price of the full product. As such, if you purchase a subscription, until you terminate your subscription in accordance with the instructions on this site, you authorize, accept and consent to the company automatically billing your submitted credit card as part of the order process. for such amounts due. You will be solely responsible for the payment of all taxes (other than taxes based on the income of the Company), fees, customs duties and other government charges, as well as any related penalties and interest, resulting from the purchase of the Product ("Taxes") not withheld by the Company, including, without limitation, all products purchased under any updated subscription. All payments are non-refundable (except as expressly stated in this section II). Without limiting other remedies, we reserve the right to charge late fees on all overdue payments equivalent to the lesser of one and a half percent (1.5%) per month on the outstanding balance or at the highest rate. high permitted by law. You agree to pay all collection costs, attorney fees and court costs incurred in collecting overdue amounts.
E. Shipping policy.
Products will be shipped according to the shipping method you selected when ordering (if available). All delivery dates provided by the company are estimates. The company reserves the right to make deliveries in several times. The company will send you an email when your order has been shipped and you can view your order and shipping information on your account.
F. Cancellation policy.
You can cancel a monthly subscription at any time after paying for the first box. In this case, you will not receive the next box and you will not be charged for any other box. You will receive the first box you paid for only. Please cancel use of our online service by 7:00 p.m. EST the day before your billing date if you do not wish to receive the following month's package. If you would like to send an email, please contact us at least two business days before your subscription automatically renews. Gift subscriptions (terms of 3, 6, 12, 24 or 36 months) are not eligible for cancellation - these subscriptions will expire after the original term ends. Auto-renewing subscriptions (pay every 3, 6, or 12 months) can be turned off at any time - meaning we'll cancel the next auto-renew for the subscription.
To turn off automatic renewal of your subscription, please log into our website account and follow the cancellation instructions or send us an email at firstname.lastname@example.org.
G. Return Policy.
(i) Return Policy. Unless the product information page indicates that a product is a final sale, the company will only accept returns for store credit and only in accordance with the returns procedures below. If a product is a final sale, the sale is final and no returns will be accepted. Provided the Company confirms that your product was not a final sale and has been returned in accordance with the returns procedures below, your sole and exclusive remedy is that we grant you store credit for the amount invoiced for the applicable product. ; provided the amount credited does not include applicable delivery charges, which are non-refundable. Store credit can only be used for the future purchase of products on the site (excluding gift cards) and is not transferable.
(ii) Exchanges. We do not accept any exchange of products.
(iii) Damaged Products. If the product arrives damaged or not substantially as described on the product information page ("damaged product"), the company will only accept returns for a full refund in accordance withonly in accordance with the return procedures below. Provided the Company confirms that your product was a damaged product and has been returned in accordance with the returns procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card for the amount charged for the damaged product (if your credit card has already been charged for the product) or (b) we will not charge your credit card for the damaged product. The refunded amount will include the applicable delivery charges.
(iv) Return procedures. The following defines the required “returns procedures”: All returns must be made within 16 days of the product ship date. All returned products must be unused and returned in accordance with instructions received by contacting customer service at email@example.com. You are solely responsible for the shipping costs of the returned product. All products not returned in accordance with the returns procedures will be returned to you and no credit or refund will be issued.
Please read the official rules that accompany every special offer, coupon, rebate, contest, and sweepstakes we may offer or run. Unless otherwise indicated, promotional codes are applicable on the first month only. Special offers, coupons or discounts cannot be used in conjunction with other offers. Limit of one promotion per order.
IV. EXCLUSIONS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
A. Limited guarantees
THE SERVICE, SITE (INCLUDING DOWNLOADABLE TOOLS), ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATING TO THE FOREGOING, AND PRODUCTS (EXCEPT AS SPECIFIED IN SECTION III. F) ARE PROVIDED " AS IS ”AND“ AS AVAILABLE ”AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE SUBMISSION OF ANY USER CONTENT AND THE DOWNLOAD OR DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICE AND / OR SITE ARE DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA WHICH MAY RESULT FROM THE DOWNLOAD OR DOWNLOAD OF ANY SUCH MATERIAL OR TRUST ON THE SITE OR THE SERVICES, AND IT IS ADVISED TO MAINTAIN COPIES ONLINE BACKUP OF ALL USER CONTENT. WE ARE NOT THE SUPPLIER AND DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THIRD PARTY OFFERS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR THE SERVICE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE WHILE USING THE SITE OR THE SERVICE.
NO REPRESENTATIONS OR WARRANTIES ARE MADE THAT THE SITE OR THE SERVICES PROVIDE COMPLETE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE THE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE OR THE SERVICES AND FROM THE EXIT OF THE SITE OR THE SERVICES. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO FIND INFORMATION THAT WE BELIEVE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, WE MAY, IN OUR DISCRETION, FILTER LINKS TO CONTENT AGGREGATORS. SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, DO NOT COMPLY WITH THESE OBJECTIVES.
B. Limitation of liability
USE OF OUR SERVICE, SITE (INCLUDING DOWNLOADABLE TOOLS) AND / OR PRODUCTS IS AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE OR THE PRODUCTS, WHETHER SUCH DAMAGES ARE FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED THAT OF SUCH DAMAGES ARE LIKELY OR POSSIBLE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS, THE SERVICE, THE SITE OR THE PRODUCTS EXCEED THE GREATER OF (1) FIFTY DOLLARS (CAD $ 50.00) OR (2) AMOUNTS AS YOU PAID TO THE COMPANY WITHIN 6 MONTHS BEFORE BELOW.
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL CONDITION BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE (INCLUDING DOWNLOADABLE TOOLS) AND PRODUCTS FOR YOU, AND WE WILL NOT PROVIDE THE SITE OR THE SERVICE OR THE PRODUCTS TO YOU WITHOUT THIS LIMITATION.
THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY CONTAINED IN THESE TERMS DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER, THAT IS. A PERSON ACQUIRES GOODS OTHER THAN AS PART OF A BUSINESS. THE LIMITATIONS OR EXCLUSIONS OF THE WARRANTIES AND REMEDIES CONTAINED IN THESE TERMS APPLY TO CUSTOMER ONLY TO THE EXTENT THAT THESE LIMITATIONS OR EXCLUSIONS AND REMEDIES ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH CUSTOMER IS LOCATED. IF APPLICABLE LAW REQUIRES WARRANTIES REGARDING THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED TO A PERIOD OF FOUR NIGHT (90) DAYS FROM THE DATE OF DELIVERY. SOME STATES AND / OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE EXCLUSIONS DEFINED ABOVE MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, HOLD AND, AT OUR OPTION, DEFEND OUR COMPANY (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY SUPPLIERS) FROM CONTRIBUTIONS AND CONTRIBUTORS REQUESTS, REQUEST RESPONSIBILITIES, FEES AND EXPENSES, INCLUDING REASONABLE LAWYER FEES, RESULTING FROM ANY BREACH OF THESE TERMS OR APPLICABLE LAW OR YOUR USER CONTENT.
V. DURATION AND TERMINATION
These Conditions will become effective and binding when you use the Site or the Service, when you voluntarily provide us with information about yourself, or when you indicate your agreement by following the instructions we place on the Site (such as the buttons labeled "J ' accepted"). ) (which occurs first). We reserve the right to terminate these Terms, your account, and your access to the Site and the Service at any time without notice. You can delete your account at any time, for any reason, by following the instructions on the site. If we have suspended or terminated these Terms, your account, the Site or the Service other than for your violation of these Terms, we will refund you a pro rata share of any amount you have prepaid for a subscription to the Service. (if only). You understand that any termination of your account involves the removal of your User Content associated with it from our live databases. Your rights under these Terms will terminate automatically and immediately if you fail to comply with your promises and obligations set out in these Terms. The provisions of sections I.C, I.D, I.E, II, III.A., IV, VI and VII will survive the termination of these Conditions.
VI. COPYRIGHT POLICY
The Company respects the intellectual property of others and asks users of our site and services to do the same. As part of our site and our services, we have adopted and implemented a policy respecting copyright law which provides for the removal of any infringing material and the termination, in appropriate circumstances, of users of our site and our online services which are repeat offenders of intellectual property. property rights, including copyright. If you believe that any of our users, by using our site and our services, are unlawfully infringing the copyright (s) of a work and want the allegedly infringing material removed, the following information in the form of a written notice (pursuant to 17 USC § 512 (c)) must be provided to our designated copyright agent:
your physical or electronic signature;
identification of the copyrighted works that you claim to have been infringed;
identification of the elements of our services that you claim to be violating and that you ask us to remove;
sufficient information to enable us to locate such material;
your address, telephone number and e-mail address;
a statement that you have a good faith belief that the use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that is allegedly infringed, or that you are authorized to act on behalf of the owner of the right to author.
Please note that, in accordance with 17 U.S.C. § 512 (f), any misrepresentation of material facts (falsehoods) in a written notice automatically subjects the complaining party to liability for all damages, costs and attorneys' fees. attorneys engaged by us in connection with the written notice and the alleged copyright infringement.
VII. DIVERS QUESTIONS
A. Arbitration agreement; Class waiver; Waiver of trial by jury.
Please read this section (“Arbitration Agreement”) carefully. It is part of your contract with the company and affects your rights. It contains MANDATORY ARBITRATION procedures AND A CLASS ACTION WAIVER.
Applicability of the arbitration agreement. All claims and disputes relating to the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis in accordance with the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and the Company, and to all subsidiaries, affiliates, agents, employees, interested predecessors, successors and assigns, and to all authorized users or beneficiaries or not services or goods provided under the conditions.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and application of this dispute resolution provision. Arbitration will be initiated by JAMS, Inc. (formerly Judicial Arbitration and Mediation Services), an alternative dispute resolution provider (“ADR Provider”) that offers arbitration as described in this section. If JAMS is not available to arbitrate, the parties agree to select another ADR provider. The ADR Provider Rules govern all aspects of such arbitration, including, but not limited to, the method of initiating and / or requesting arbitration, except to the extent that such rules conflict with the Terms ( “Arbitration rules”). The JAMS Rules governing arbitration are available online at www.jamsadr.com or by calling JAMS at 1-800-352-5267. The arbitration will be conducted by a single neutral arbitrator. Any claim or dispute where the total amount of the award sought is less than ten thousand US dollars (US $ 10,000.00) may be resolved by binding arbitration without an appearance, at the option of the party seeking relief. For claims or disputes where the total amount of the award requested is ten thousand US dollars (US $ 10,000.00) or more, the right to a hearing will be determined by the arbitration rules. Any hearing will be held at a location within one hundred (100) miles of your residence, unless you reside outside the United States (in which case the hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be brought before any court of competent jurisdiction.
Additional Rules for Non-Appearance Arbitration. If the non-appearance arbitration is elected as stated above, the arbitration will be conducted by telephone, online and / or based solely on written submissions; the specific way is chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance of the parties or witnesses, unless otherwise agreed between the parties.
Authority of the arbitrator. The arbitrator will decide the rights and obligations, if any, of you and the Company, and the dispute will not be consolidated with other matters or joined with other cases or parties. The arbitrator has the power to grant requests settling all or part of any claim. The arbitrator will have the power to award pecuniary damages and to grant any non-pecuniary remedy or remedy available to a person under applicable law, the Arbitration Rules and the Terms. The arbitrator must issue a written award and statement of decision outlining the essential findings and conclusions on which the award is based, including the calculation of damages awarded. The arbitrator has the same power to grant relief on an individual basis as a judge in a court of law would have. The arbitrator's decision is final and binding on you and the company.
Waiver of jury trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO JUSTICE AND HAVE A TRIAL BEFORE A JUDGE OR A JURY, choosing instead that all claims and disputes be resolved by arbitration under this Agreement. 'arbitration. Arbitration procedures are generally more limited, more efficient and less costly than the rules applicable to the tribunal and are subject to very limited review by a tribunal. In the event that a dispute arises between you and the Company in a state or federal court in an action for annulment or pursuant to an arbitration award, or under paragraph 11 of this Arbitration Agreement, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A TRIAL BY THE JURY, instead of choosing to have the dispute resolved by a judge.
Waiver of class or consolidated actions. ALL CLAIMS AND DISPUTES UNDER THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASSIC BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER MAY NOT BE ARBITRATED OR LITIGATED. OR CONSOLIDATED WITH OTHER PERSONS OR USER.
Confidentiality. No part of the proceedings should be open to the public or the media. All evidence discovered or submitted to the hearing is confidential and may not be disclosed, except with the written consent of the parties, pursuant to a court order or unless required by law. This paragraph does not prevent a party from submitting to a court information necessary for the execution of this arbitration agreement, the execution of an arbitral award or the request for an injunction or an order. equitable redress.
Divisibility. If any part or parts of this arbitration agreement are held to be invalid or unenforceable under law, then that specific part or parts will be ineffective and severed and the remainder of the arbitration agreement will remain in force and effect. .
Survival of the agreement. This arbitration agreement will survive the end of your relationship with the company.
Small Claims Court. Notwithstanding the foregoing, you or the Company may bring an individual action in small claims court.
Courts. In all circumstances where the above-mentioned arbitration agreement authorizes the parties to argue in court, the parties agree to submit to the personal jurisdiction of the courts.
B. Applicable law
These conditions are governed by the laws of Quebec and Canada without giving effect to principles of conflict of laws which may require the application of the law of another jurisdiction.
C. Changes to the conditions
D. Changes to Services
We reserve the right to modify the Site and / or the Services at any time without notice. If you object to any modification of the Site or the Services, your only recourse will be to cease using the Site and the Service, to terminate your Subscription for a pro-rata refund of the amounts you have prepaid for the Subscription (if applicable), or do not renew the subscription (if applicable). Your continued use of the site or services after these changes are posted will indicate your recognition of these changes and your satisfaction with the services so changed. We also reserve the right to discontinue the Site and / or the Services at any time without notice. We will not be liable to you or any third party if we exercise our right to modify or discontinue the Site or the Services, except as expressly stated otherwise in Section V.
E. General conditions
You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services (including the Downloadable Tools) and the Products. Any delay or failure on our part in exercising or enforcing any right or provision of these Terms will not constitute a waiver of that right or provision. If any provision of these Terms is held to be invalid by a court of competent jurisdiction, you agree that the court will endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms will remain in force and effect. The section titles of these Terms are provided for informational purposes only and have no legal or contractual effect. The word including means without limitation. These Terms constitute the entire agreement between you and us with respect to the matters described above. These Terms and your rights and obligations may not be assigned, subcontracted, delegated or otherwise transferred by you without the prior written consent of the Company, and any attempted assignment, subcontracting, delegation or transfer in violation of the above will be null and void. nothing.
Contact details: info at littlegeniusfactory point com