END USER LICENSE AGREEMENT

Last revised: June 19, 2017

 

Introduction

Welcome! Your access to and use of the DROPMIX application featuring our DROPMIX brand, including without limitation all Virtual Items, DLC, and Proprietary Materials, each as defined below (the "App") is subject to the following terms and conditions. We hope you enjoy our App. So that you may fully enjoy our App, please read these terms and conditions. As used in this User Agreement, "you" and "your" refers to any user of the App. "We", "our” and "us" refers to Hasbro, Inc., Harmonix Music Systems, Inc., and their respective affiliates and subsidiaries.

To learn more about our privacy practices for the App, please see the DROPMIX App Privacy Policy available at www.dropmix.hasbro.com/privacy.

 

 

Table of Contents

 1.       Acceptance of User Agreement

 2.       IMPORTANT NOTICE

 3.       License Grant; Restrictions

 4.       Limited App Operation and Future Changes

 5.       Access to the App

 6.       Linked Sites

 7.       Ownership of Intellectual Property and Restrictions on Use of Materials

 8.       Games and Activities

 9.       Using the App

10.      Security

11.      Disclaimer of Warranties

12.      Limitation of Liability

13.      Indemnity

14.      Waiver; Remedies; Equitable Remedies

15.      No Assignment

16.      Export Restrictions

17.      Language

18.      Disputes

19.      General Provisions

 

1. Acceptance of User Agreement

By accessing and/or using the App, you specifically agree to be bound by these terms and conditions (this “User Agreement”). We reserve the right to update or otherwise modify this User Agreement at any time, in our sole and absolute discretion. Please visit this User Agreement periodically so that you are aware of any updates or modifications to this User Agreement because you will not receive advance notice or individual notice of such updates or modifications. By accessing and/or using the App, you agree to be bound by the terms of the current User Agreement. If you do not agree to this User Agreement, please exit and stop using the App.

Please read this User Agreement carefully before using the App. You will be granted access to the App until your access is terminated for reasons described in this User Agreement.

Back to top

2. IMPORTANT NOTICE

THE APP IS INTENDED FOR USE BY A 16+ AUDIENCE ONLY AND IS FOR PROMOTIONAL AND ENTERTAINMENT PURPOSES ONLY. THE APP WILL BE AVAILABLE FOR A LIMITED TIME ONLY, AS DETERMINED BY US IN OUR SOLE AND ABSOLUTE DISCRETION. WE MAY, IN OUR SOLE AND ABSOLUTE DISCRETION, STOP SUPPORTING AND/OR PROVIDING UPDATES TO THE APP, OR PARTICULAR DEVICES AND/OR PLATFORMS ON WHICH THE APP OPERATES WITHOUT NOTICE AND WITHOUT REMOVING THE APP FROM APP STORES. WE ALSO RESERVE THE RIGHT TO SHUT DOWN, REMOVE, OR OTHERWISE RESTRICT ACCESS TO THE APP AND/OR TO MODIFY, LIMIT OR ELIMINATE ANY CONTENT OR FEATURE(S) OF THE APP AT ANY TIME, IN OUR SOLE AND ABSOLUTE DISCRETION. IF WE DECIDE TO SHUT DOWN OR REMOVE THE APP, WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU IN THIS USER AGREEMENT AND/OR THROUGH THE APP. WE ARE NOT REQUIRED TO MAINTAIN OR SAVE ANY VIRTUAL DATA, OBJECTS, COMPILATIONS, WORK, MUSICAL ARRANGEMENTS, OR OTHER AUDIO/VISUAL MATERIALS, STATISTICS, REWARDS, ASSETS, CARDS, CODES, IN-GAME CREDITS, VIRTUAL OR IN-GAME CURRENCY, OR SIMILAR INFORMATION THAT YOU MAY VIEW, CREATE OR “EARN” OR THAT ARE OTHERWISE CONTAINED IN OR ASSOCIATED WITH YOUR USE OF THE APP (COLLECTIVELY, “VIRTUAL ITEMS”) AND WE RESERVE THE RIGHT TO DEACTIVATE OR DELETE SUCH VIRTUAL ITEMS OR OTHER INFORMATION FOR ANY AND ALL REASONS, INCLUDING BUT NOT LIMITED TO USER INACTIVITY, THE APP'S MEMORY LIMITATIONS, POTENTIAL FRAUD/ABUSE, OR ANY OTHER REASON THAT WE DEEM NECESSARY IN OUR SOLE AND ABSOLUTE DISCRETION, WITHOUT NOTICE. WE ARE NOT RESPONSIBLE FOR ANY SUCH INFORMATION THAT IS MODIFIED OR LOST DUE TO TECHNICAL DIFFICULTIES OR FOR ANY OTHER REASON.

Back to top

3. License Grant; Restrictions

Hasbro, Inc., Harmonix Music Systems, Inc., and their respective affiliates and subsidiaries hereby grant you a limited, revocable, non-exclusive license to install and use the App on your mobile device solely for your personal, non-commercial use. Additionally, to the extent you download, use, or install any downloadable content, special features, fixes, or updates to the App (separately and collectively, “DLC”), this User Agreement will apply to such DLC. All rights not expressly granted to you herein are reserved by us.

The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the App or any related cards, hardware and physical goods, and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. Your unauthorized use of the App may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Back to top

4. Limited App Operation and Future Changes

The App will only be operational for a limited period of time as determined by us in our sole and absolute discretion. If, in our sole and absolute discretion, we decide to: (a) prohibit access to the App on a wholesale basis; and/or (b) shut down, delete or remove the entire App; and/or (c) make material changes to the App as a whole, we will use reasonable efforts to notify the user community, which may include providing notice in this User Agreement and/or through the App by posting a notice on the App. However, no advance notice will be given for any changes, including material changes, which we determine in our sole and absolute discretion, should be made without notice. You will not receive any individual notices, so please check the App and this User Agreement from time to time so that you are aware of any updates or modifications made to it.

We reserve the right to charge a fee for use of the App in the future. If we do so, we will use reasonable efforts to notify the user community by posting information on the App at least thirty (30) days before any fees become effective. You will not receive any individual notice of this change, so please check the App and this User Agreement from time to time.

We reserve the right to terminate the access rights of any user that has been inactive for thirty (30) days or more, in our sole and absolute discretion. You will not receive any notice of deactivation.

Virtual Items are not transferable and have no retail or cash value. Any attempts to violate this rule may cause us to restrict or terminate your access to the App, which will be decided in our sole and absolute discretion.

Back to top

5. Access to the App

An internet connection is required to download and use the App as intended by us. Except as otherwise noted, we do not charge for such services, but data and carrier rates may apply.

Your downloaded App will only be operational for a limited period of time as determined by us in our sole and absolute discretion. We reserve the right to suspend, deactivate, eliminate or modify any user’s access to and/or use of the App at any time, for any reason, without notice, including if we believe that any such user has obtained access to and/or used the App in an unauthorized manner.

To use the App, you will be required to use DROPMIX-branded cards that feature a pre-determined code ("Codes"). At times, these Codes may be found on or in marked DROPMIX products, promotions, hand-outs, notices (electronic, online, TV, radio) or other materials. We are under no obligation to release, continue to release, or honor any Codes. We may place expiration dates on Codes or limit, modify or discontinue the features to be accessed with Codes. Some Codes may provide different types of access, features or benefits than other Codes. We may disable or discontinue the functionality of any Codes at any time, even after such Codes have been used and/or released. IF WE BELIEVE THAT ANY USER HAS OBTAINED AND/OR USED A CODE IN AN UNAUTHORIZED MANNER, OR THAT CODES ARE BEING ABUSED OR MISUSED, WE MAY, IN OUR SOLE AND ABSOLUTE DISCRETION, SUSPEND OR TERMINATE ANY CODE(S) WITHOUT NOTICE.

We may use Codes, your device identifier, the unique gamer identification number associated with your Game Center account on iOS or your GooglePlay account on Android, or other information (collectively “Access Information”) to provide you with access to the App or to load progress within the App when you return to the App. If you sync the App with your Game Center account on iOS or your GooglePlay account on Android, your progress will be saved to your account; otherwise, any saved progress within the App is saved to your device and cannot be saved or used across devices or networks. If you lose your Access Information, in our sole and absolute discretion, your access to and/or use of the App may be terminated, suspended, modified, and/or subject to a recovery method to be determined solely by us, every condition of which, including timeframe for recovery and/or rejection of a user's request for recovery, may be changed by us at any time without notice.

IT IS IMPORTANT THAT YOU REMEMBER AND KEEP YOUR ACCESS INFORMATION IN A SAFE PLACE OFFLINE, BECAUSE WE DO NOT COLLECT PERSONAL INFORMATION FROM YOU, SUCH AS YOUR EMAIL ADDRESS. IF YOU FORGET ANY OR ALL OF YOUR ACCESS INFORMATION, YOU MAY NOT BE ABLE TO ACCESS CERTAIN FEATURES OF THE APP. WE MAY ALSO REQUIRE ANY OR ALL OF THIS INFORMATION IN RESPONSE TO ANY QUERIES FROM OUR CONSUMER AFFAIRS, LEGAL STAFF, AND/OR OTHERS.

You agree to adhere to our rules regarding lost Access Information, which may include but are not limited to interacting with our Consumer Affairs and Legal Staff. We are under no obligation to reply to queries related to lost Access Information in a timely manner. You accept our rules regarding lost Access Information and understand that these and any other applicable Hasbro or Harmonix rules, policies and procedures may vary, are subject to change at any time without notice, and are to be solely determined by us. This extends to Codes or other Access Information. This also extends to our investigation of suspected fraudulent behavior and all other security-related issues with regard to maintaining ongoing operation of the App, and ensuring the safety and security of all users thereof.

IF YOU DELETE THE APP FROM YOUR DEVICE AND/OR DELETE YOUR GAME CENTER OR GOOGLE PLAY ACCOUNT(S), THIS DATA MAY BE DELETED PERMANENTLY, AND WE MAY NOT BE ABLE TO RECOVER ANY OF THE ITEMS, PROGRESS, DATA OR OTHER INFORMATION RELATING TO YOUR USE OF THE APP. YOU TAKE FULL RESPONSIBILITY FOR, AND WE WILL HAVE NO OBLIGATION OR LIABILITY TO YOU FOR, ANY INFORMATION YOU DELETE, WHETHER INTENTIONALLY OR BY ACCIDENT.

Back to top

6. Linked Sites

The App may contain links to third party websites or applications, and your use of such sites or applications will be governed by the terms of use and privacy polices of their owners and operators ("Linked Sites"). Linked Sites are not under our control and we are not responsible for the contents thereof. These links are provided only as a convenience, and inclusion of a link does not imply endorsement of or affiliation with the Linked Site by us. We are not responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site.

Back to top

7. Ownership of Intellectual Property and Restrictions on Use of Materials

All materials contained in, and relating to, the App, including, without limitation, all code, software, designs, texts, images, photographs, illustrations, effects, musical works, audio clips, video clips, artwork, graphic material, animation, themes, characters, character names, stories, dialog, settings, cards, hardware, physical goods and other copyrightable elements, and the selection and arrangements of all of these items, and all trademarks, service marks, trade names, trade secrets, trade dress, patents, and other proprietary rights are the property of Hasbro, Inc., Harmonix Music Systems, Inc., and/or their respective affiliates, subsidiaries, licensors, and/or other respective owners (collectively, the “Proprietary Materials”), and are protected, without limitation, by U.S. and other foreign copyright, trademark, patent, and other intellectual property laws. The unauthorized use of any Proprietary Materials, including the use of any Proprietary Materials on any other website, application, online service, or networked computer environment is prohibited. Any attempts to access the Proprietary Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder.

Except as explicitly provided by the App, the App and its contents, including the Proprietary Materials may not be copied, modified, reproduced, decompiled, or distributed in any manner or medium, in whole or in part, without our prior written consent.

You acknowledge and agree that it is our intention that all rights, title, and interest in the App, including all Virtual Items, DLC, Proprietary Materials, and any content created by you using the App (including without limitation, all derivatives, combinations, compilations, and other permutations of such content), shall be the sole property of Hasbro, Inc., Harmonix Music Systems, Inc., and/or their respective affiliates, subsidiaries, licensors, and/or other respective owners. To the extent that any content created through your use of the App gives rise to any copyright or other proprietary interest, in exchange for your use of the App and for no further compensation, you hereby grant and assign to us and our successors and assigns, all of your right, title, and interest in and to such content, including but not limited to, the copyright therein, throughout the world in perpetuity, and all other rights therein of any nature whatsoever, whether now known or hereafter devised. As between you and us, we shall have the irrevocable, sole, and exclusive right to use, reproduce, distribute, transmit, display, exhibit, perform, edit, change, market, license, advertise, promote, and publicize (collectively “distribute”) the content, and derivative works derived therefrom, by any and all means, uses and media, now or hereafter known, including all formats of computer-readable electronic, magnetic, digital, laser or optical-based media, throughout the world during the term of the copyright therein and thereafter. You also hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to our and other users’ use and enjoyment of such assets in connection with the App and related goods and services under applicable law. The assignment of rights to us, and the above waiver of any applicable moral rights, survives any termination of this User Agreement.

Notwithstanding the above, to the extent that we, you or any other person makes audio edits to the licensed music content incorporated in the App, neither we, you or such person shall obtain any ownership or interest in the audio portion of any such derivative works of such licensed music content, and as between us, you, any other person and the licensor of such music content, the licensor shall retain sole ownership in any audio portion of such derivative works. The foregoing shall not apply to our graphical or gameplay elements, audio content owned by us or any non-audio elements added to any licensed music content (the ownership of which shall remain with us).

Back to top

8. Games and Activities

You may obtain, gain access to, or win Virtual Items by playing games and engaging in other activities on the App. With respect to the games and activities, your chances of gaining access to, or earning Virtual Items, depend on your skill and effort in playing the game or activity selected, as interpreted solely by the App's program software. These games and activities are for promotional and entertainment purposes only. By using the App, you agree to accept, without dispute, the parameters established by us for the App, including without limitation the manner in which the App’s program software interprets your game play or other activities on the App. We reserve the right to modify those parameters in our sole and absolute discretion and are not responsible for any interpretations or errors made by the program software. We reserve the right to disregard any complaints about the results of game play or other activities on the App.

Back to top

9. Using the App

The App is provided by us and is intended to be used in a safe and enjoyable fashion. Users of the App must not use the App except for its intended purpose. Specifically, but without limitation, users must not:

-     Attempt to circumvent the security systems of the App;

-     Attempt to gain access to the App in a fraudulent manner, including but not limited to using fraudulent or fraudulently obtained Codes;

-     Attempt to use the App in a fraudulent manner, including but not limited to, using cheats, exploits or similar measures to gain, or attempt to gain, unearned Virtual Items, or access to the App;

-     Attempt to gain access to any other user's App without permission;

-     Attempt to ascertain any other user's Codes and/or personal information by any means whatsoever, including, without limitation, by use of the App or any other website, or by email communication, for any purpose whatsoever, including but not limited to marketing other products or services to such other user;

-     Reproduce, retransmit, publish, display, distribute, disseminate, sell, license, sublicense, transfer, rent, lease, broadcast, timeshare, loan, disclose or otherwise make available the App, or any part thereof, to any third party;

-     Sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from, or in any way exploit the App and/or any of the content or materials on the App, in whole or in part, including without limitation the Proprietary Materials, except as explicitly provided by the App;

-     Attempt to use the App for any purposes other than those intended by us, as determined by us in our sole and absolute discretion;

-     Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers, or other equipment;

-     Upload or submit any data or information that is protected by intellectual property laws (including without limitation, copyright, trademark, patent, and/or rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents;

-     Upload or submit any data or information that is unlawful, harmful, threatening, vulgar, indecent, obscene, defamatory, profane, libelous, harassing, abusive, embarrassing, disparaging, tortious, fraudulent, deceptive, hateful, sexually explicit, racially or ethnically objectionable or otherwise objectionable or encouraging of conduct that would constitute a criminal offense or give rise to civil liability;

-     Remove or alter any legal notices or protectable elements of the App or its contents, including without limitation any copyrightable elements, trademarks, service marks, trade names, trade dress, and patents;

-     Copy, modify, create a derivative work of, reverse engineer, or decompile any portion of the App or its contents;

-     Make a copy of the App or its contents available on or through any network, platform, or service; or

-     Violate any applicable laws or regulations or promote or encourage illegal activity.

We expressly reserve the right, which shall be exercised in our sole and absolute discretion, to remove any user from the App and/or block the access of any user who contravenes any of the provisions of this User Agreement.

Back to top

10. Security

You are completely responsible for maintaining the confidentiality of your Access Information. If you forget or lose your Access Information please refer to the “Access to the App” section above.

You are completely responsible for all activities relating to your use of the App. You agree to immediately notify us of any unauthorized use of the App or any other breach of security related to your use of the App. We will not be liable for any loss or damage arising from your failure to comply with this section.

Back to top

11. Disclaimer of Warranties

THE APP AND ALL CONTENT THEREOF IS PROVIDED "AS IS" AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HASBRO, INC., HARMONIX MUSIC SYSTEMS, INC., OUR RESPECTIVE AFFILIATES AND SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS (TOGETHER, THE “DROPMIX PARTIES”) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THE APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE DROPMIX PARTIES DISCLAIM ALL REPRESENTATIONS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED IN THE APP. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE VIA THE APP WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THE APP OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ALSO DO NOT WARRANT THAT THE APP WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE, OR SYSTEM.

Back to top

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE DROPMIX PARTIES BE LIABLE TO YOU, OR ANYONE CLAIMING THROUGH YOU, FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE APP OR THE CONTENT ACCESSIBLE THROUGH THE APP, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS OR USE OF THE APP OR OTHERWISE RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE APP, DELETION OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES AND EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORSEEABLE. YOU AGREE THAT THE LIABILITY OF THE DROPMIX PARTIES IS LIMITED SOLELY TO YOUR DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, IN THE AGGREGATE, FIFTY UNITED STATES DOLLARS (U.S. $50.00).

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

Back to top

13. Indemnity

You agree to indemnify, hold harmless, and defend the Dropmix Parties, from any and all claims, liabilities, damages, costs and expenses (collectively, “Claims”) arising out of or related to your (a) use or misuse of the App; (b) your breach of this User Agreement; (c) your content posted to the App; (d) any ratings, reviews, feedback, or other content you provide; or (e) your violation of any law or the rights of a third party. You agree to promptly notify the Dropmix Parties of any Claims, cooperate with the Dropmix Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorney’s fees). You further agree that the Dropmix Parties shall have control of the defense or settlement of any Claims.

Back to top

14. Waiver; Remedies; Equitable Remedies

Our failure to partially or fully exercise any rights, or the waiver of us of any breach of this User Agreement by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of this User Agreement. Our rights and remedies under this User Agreement and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

You acknowledge and agree that we would be irreparably damaged if the terms of this User Agreement were not specifically enforced. Therefore, you agree that we will, in addition to any other remedy we may have under this User Agreement, at law or in equity, be entitled without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to breaches of this User Agreement.

Back to top

15. No Assignment

This User Agreement is personal to you, and may not be assigned. We may transfer or assign the App, this User Agreement, and their conditions and obligations, in whole or in part, to third parties of our choosing.

Back to top

16. Export Restrictions

You agree to abide by U.S. and other applicable export control laws. You certify that you are not a person that we are prohibited from transacting business with under applicable laws, rules, or regulations.

Back to top

17. Language

The parties hereby declare, and by these presents confirm, our express desire that this contract be written in English. Les parties déclarent qu’elles ont demandé et par les présentes confirment leur desir exprés que cette convention soit rédigee en anglais.

Back to top

18. Disputes

Any dispute relating in any way to your visit to, or use of, the App, or to your relationship to us shall be submitted to confidential arbitration in Providence, Rhode Island; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Rhode Island. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Rhode Island. Arbitration under this User Agreement will be conducted pursuant to the Commercial Arbitration Rules then prevailing at JAMS. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this User Agreement will be joined to an arbitration involving any other party subject to this User Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this User Agreement must be filed within one (1) year after such claim of action arose or be forever banned.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless each party agrees otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Back to top

19. General Provisions

This User Agreement contains the entire understanding between you and us and supersedes all prior understandings or agreements between you and us with respect to its subject matter. If any provision of this User Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of the remaining provisions, which remaining provisions shall continue in full force and effect. This User Agreement will be construed in accordance with the laws of the State of Rhode Island, United States of America.

This User Agreement is effective until terminated. Your rights under this User Agreement will terminate immediately and automatically without any notice from us if you fail to comply with any of the terms and conditions of this User Agreement. Upon termination, you must cease all use of the App and delete it from your device. Any and all terms and conditions of this User Agreement that should by their nature survive termination of this User Agreement will survive the termination of this User Agreement.

Back to top