PLEASE SUBMIT SAMPLES TO OUR NEW MAILING ADDRESS: 200 S. MAIN STREET, SUITE 130-150, SEBASTOPOL, CA 95472
This website is a copyrighted work belonging to LeafWorks Inc. (“LeafWorks,” “Company”, “us”, “our”, and “we”). “Site” means this website located at http://leafworks.com and any subsequent URL which may replace it, and all associated websites, URLs and micro sites. “You” or “your” means you as a user of the Site. “User” means all users of the Site.
Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. LEAFWORKS EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY RESULT FROM USAGE OF THIS WEBSITE TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ONLY EXCEPTIONS TO THIS LIMITATION OF LIABILITY ARE THOSE THAT ARE BE IMPOSED IN REGARD TO CALIFORNIA RESIDENTS UNDER CALIFORNIA BUSINESS AND PROFESSIONS CODE §§ 22575 THROUGH 22579 AND CALIFORNIA CIVIL CODE §§ 1798.80 THROUGH 1798.84 TO THE EXTENT THEY APPLY TO CALIFORNIA RESIDENTS AND ONLY TO THE EXTENT THEY APPLY TO CALIFORNIA RESIDENTS.
This Site and its components are offered for informational purposes and to facilitate proper communications between you and LeafWorks only; this Site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site, and shall not be responsible or liable for any errors or omissions in that information.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities involving your Account. You agree to immediately notify LeafWorks of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal use.
2.2 Certain Restrictions. By using or accessing this website, you agree that you are contractually bound to LeafWorks, and that the rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site without first obtaining the consent of LeafWorks in writing using the Contact Information set out below; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) you shall not use the Site for any illegal purposes, and you shall use it in compliance with all applicable laws and regulations; (f) you will not use the Site in a way which may cause the Site to be damaged, interrupted, or have its efficiency or functionality impaired in any way; and (g) you shall not attempt any unauthorized access to any part of the Site or its functions. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part, temporarily or permanently) with or without notice to you. Your use of the Site following such modifications shall be deemed to be your acceptance of such modifications. It is your responsibility to check regularly to determine whether the Terms have been modified. If you do not agree to any modification in the Terms, then you must immediately stop using the Site. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
2.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to or creates in you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. LeafWorks and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
2.6 Errors and Inaccuracies. We seek to provide accurate and up-to-date information on the Site. Unfortunately, despite those efforts, human or technological errors or omissions may occur. The Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We are not liable for the accuracy of the information on this website. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice and without liability to you.
3.1 User Content. “User Content” means any and all information and content that a User submits to, or uses with, the Site (e.g., content in the User’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. The sole exception to this assumption of the risk by Users pertains to California Residents as defined by the data security and disposal provisions in California Civil Code §§ 17980.80 through 1798.84, to the extent those provisions apply, and only to the extent they apply. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
3.2 License. Unless you notify LeafWorks before the time you submit your User Content, or at the same time as you submit your User Content, that such User Content, or any specifically designated part of it is proprietary, you hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(3.a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(3.b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data or the Site; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other User’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site (other than User Content) for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to 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 otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
3.5 Feedback. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate, without compensation or liability to you. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE SITE, AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS BY YOU, OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE SITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE SITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT. You agree to indemnify and hold Company (and its shareholders, directors, officers, employees, and agents) harmless, including from costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. 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 affecting or reasonably likely to affect Company without the prior written consent of Company, in its sole discretion. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. The sole exception to this indemnity clause arises from any legally non-waivable rights, such those given California residents under the data security and disposal laws in California Civil Code §§ 1798.80 through 1798.84, and only to the extent such rights exist.
5.1 Third-Party Links. The Site may contain links to third-party websites and services (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of Company, and Company is not responsible for any Third-Party Links, and shall not be liable for any loss or damages incurred in connection with such Third-Party Links by Users. Company provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.
5.2 Other Users. Each User of the Site is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Users of the Site are solely between you and such Users. You agree that 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 User of the Site, we are under no obligation to become involved.
5.3 Release. You hereby release and forever discharge the Company (and our shareholders, directors, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING. THIS PROVISION STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” AGAIN, YOU ARE WAIVING YOUR RIGHTS UNDER THIS PROVISION. IF YOU ARE A CALIFORNIA RESIDENT YOU DO NOT, HOWEVER, WAIVE ANY NON-WAIVABLE RIGHTS YOU MAY POSSESS UNDER THE DATA SECURITY AND DISPOSAL STATUTES CODIFIED IN CALIFORNIA CIVIL CODE §§ 1798.80 THROUGH 1798.84, BUT YOU ONLY MAINTAIN THOSE RIGHTS TO THE EXTENT THEY ARE NON-WAIVABLE; YOU WAIVE ALL OTHER RIGHTS TO THE MAXIMUM EXTENT OF THE LAW.
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FULLY FUNCTIONAL, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
FOR CALIFORNIA RESIDENTS ONLY: YOU MAINTAIN THOSE NON-WAIVABLE RIGHTS PERTAINING TO DATA SECURITY AND DISPOSAL FOUND AT CALIFORNIA CIVIL CODE §§ 1798.80 THROUGH 1798.84, BUT ONLY TO THE EXTENT THOSE RIGHTS ARE NON-WAIVABLE. You disclaim all other rights enumerated in the above disclaimer.
YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE SITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE SITE BY YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL ONLY BE LIABLE, IF LIABILITY IS PROVEN, FOR COMPENSATORY DAMAGES, AND IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OTHER ECONOMIC LOSSES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST REVENUES, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), SHALL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
FOR CALIFORNIA RESIDENTS ONLY: THIS LIMITATION OF LIABILITY DOES NOT EXTEND TO THOSE NON-WAIVABLE RIGHTS PERTAINING TO DATA SECURITY AND DISPOSAL FOUND AT CALIFORNIA CIVIL CODE §§ 1798.80 THROUGH 1798.84, BUT YOU RETAIN THOSE RIGHTS ONLY TO THE EXTENT THAT THOSE RIGHTS ARE NON-WAIVABLE. YOU OTHERWISE AGREE TO THE LIMITATION OF ALL OTHER RIGHTS ENUMERATED ABOVE.
Subject to this Section, these Terms will remain in full force and effect while you use the Site. They shall also govern any dispute that may arise from, or pertain to, your usage of the Site in the future. Again, if you are a California resident, you hereby waive any rights you may have under California Civil Code § 1542, as explained above. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.
Company respects the intellectual property of others and asks that Users of our Site do the same. In connection with our Site, we have adopted a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our Users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to us:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
10.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we will notify you by posting notice of the changes on our Site. The posting date shall be the effective date for any changes; changes become effective immediately upon posting. Continued use of our Site following the posting of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
10.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(2.a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief) in connection with 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 under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, shareholders, directors, officers, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized Users or beneficiaries of services or goods provided under the Terms.
(2.b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company must be sent to: LeafWorks Inc., 125 South Main Street #150, Sebastopol, California 95472. A Notice to you will be sent by such means as LeafWorks believes is likely to reach you. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(2.c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available or unwilling to arbitrate, the parties shall agree to select an alternative ADR Provider (provided that in the event that the parties fail or are unable to agree upon a mutually acceptable alternative ADR Provider within 30 days, each party shall choose one neutral and independent arbitrator within 15 days thereafter and those two arbitrators shall choose a third neutral and independent arbitrator within 15 days thereafter, with the arbitration being heard by the three arbitrators with all decisions of the arbitral panel being by majority vote; and provided further, that if either party fails or is unwilling to choose its neutral and independent arbitrator within such 15 day period, the neutral and independent arbitrator selected by the other party shall hear the arbitration as a sole arbitrator). The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Commercial Arbitration Rules (or the rules of such alternative ADR Provider) (“Arbitration Rules”) shall govern the arbitration, with the AAA Commercial Arbitration Rules being available online at www.adr.org or by calling the AAA at 1-800-778-7879. Except as expressly provided above, the arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. 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 such location in Sonoma County, California as LeafWorks may designate, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(2.d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(2.e)Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the Arbitration Rules for the pertinent claim.
(2.f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, or the Arbitration Rules, consistent with these Terms, but only to the extent allowed by these Terms The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. To the maximum extent permitted by law, the arbitrator shall only have authority to award compensatory damages if liability shall be found against the Company, and shall not have authority to make an award for any other economic losses or to award damages for any lost profits, lost revenues, loss or corruption of data, loss of goodwill or reputation, costs of procurement of substitute products or services, or any indirect, consequential, exemplary, incidental, special or punitive damages. In regard to proceedings concerning California residents, the arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
(2.g)Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(2.h)Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(2.i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(2.j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(2.k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(2.l) Survival of Agreement. This Arbitration Agreement will survive the termination of any relationship you may have with Company, of whatever nature.
(2.m) Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
(2.n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(2.o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(2.p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the state courts located within Sonoma County, California, and the federal courts located in Oakland and San Francisco, California, as the case may be, for such purpose.
10.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re- I export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
10.4 Disclosures. Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (800) 952-5210 or (916) 445-1254, or by email at firstname.lastname@example.org.
10.5 Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
10.7 Copyright/Trademark Information. Copyright © 2018, LeafWorks Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site 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 such third party which may own the Marks.
10.8 Contact Information:
125 South Main Street #150
Sebastopol, California 95472
Telephone: (800) 549-1731
Last revised on: August 23, 2018