Sioeye™ Terms of Service
Last Updated: March 11, 2016
THESE TERMS OF SERVICE AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. NOTE THAT SECTION 19 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
These Terms of Service (“Terms”) apply to your purchase and use of action cameras, accessories, and other physical products (collectively, the “Products”) provided by Sioeye Inc. ("Sioeye," "we," "us," or "our") and to your access to, and use of the websites, mobile applications, and other online or mobile services (collectively, the "Services") provided by Sioeye. By purchasing, accessing or using our Products or Services, you agree to be bound by these Terms and all terms incorporated by reference. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us or our subsidiaries, affiliates or parent company. If you are purchasing, accessing or using the Products or Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
Sioeye reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the "Last Updated" date at the beginning of these Terms. Your continued use of the Products or Services will confirm your acceptance of the revised Terms. We encourage you to frequently review these Terms to ensure that you understand the terms and conditions that apply when you access or use the Products or Services. If you do not agree to the revised Terms, you may not access or use the Products or Services.
The Products and Services are not targeted toward or intended for use by anyone under the age of 13. In addition, if you are between the ages of 13 and 18 (or between 13 and the age of legal majority where you reside), you may use the Products or Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By accessing or using the Products or Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services or engaged in any activity that could result in suspension or removal from the Services, and (b) have full power and authority to enter into these Terms and, in so doing, will not violate any other agreement to which you are a party.
3. Registration, Account and Communication Preferences
In order to access and use certain areas or features of the Products or Services, you will need to register for a Sioeye account. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim, including trademark rights, in those names. By registering for an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update your account information, as necessary, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.
By creating a Sioeye account, you also consent to receive electronic communications from Sioeye (e.g., via email or by posted notices to the Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information that we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in such emails.
4. Terms of Sale
The terms of sale set forth in this Section 4 govern your purchase of Products or Services from Sioeye.
4.1. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you permit us (or our third party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information.
4.2. Pricing and Availability
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. All Products and Services offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order and discontinue our Products and Services without prior notice. Prices are subject to change at any time, provided, however, that if we change the prices associated with our Cloud Services Subscription (defined below), we will provide you with advance notice of such changes by sending an email to the address you used to register for your Sioeye account. If you do not accept the change, you should terminate your Cloud Services Subscription by following the instructions provided in Section 4.3.
4.3. Subscription Services and Cancellations
We offer subscription plans for our premium cloud streaming services ("Cloud Services Subscription"). For more information about these subscription plans, please visit Subscriptions.
WHEN YOU REGISTER FOR A CLOUD SERVICES SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) SIOEYE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON AN ANNUAL BASIS FOR YOUR CLOUD SERVICE SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR CLOUD SERVICES SUBSCRIPTION CONTINUES, AND (B) YOUR CLOUD SERVICES SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS.
TO CANCEL YOUR CLOUD SERVICES SUBSCRIPTION, YOU MUST PROVIDE US WITH EMAIL NOTICE AT LEAST THIRTY (30) DAYS BEFORE YOUR SUBSCRIPTION RENEWS OR IT WILL RENEW FOR AN ADDITIONAL 12-MONTH PERIOD AND THE SUBSCRIPTION FEE WILL BE CHARGED AUTOMATICALLY TO YOUR DESIGNATED PAYMENT METHOD. IN THE EVENT THAT YOU CANCEL YOUR SUBSCRIPTION, YOU MUST TAKE IMMEDIATE STEPS TO EXPORT ALL DATA STORED IN CONNECTION WITH YOUR SUBSCRIPTION TO A NEW DESTINATION.
You are responsible for any sales, use, duty or other governmental taxes or fees due with respect to your purchase and use of our Products and Services. We will collect applicable sales tax if we determine that we have a duty to collect sales tax. We will present any taxes that we are required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. Please note that we do not collect taxes on Products shipped to or Services provided in jurisdictions in which we do not have substantial nexus.
4.5. Shipping; Risk of Loss
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage passes to you upon delivery of the Products to your specified delivery location.
4.6. Returns and Refunds
We will issue refunds for Products returned within 30 days of purchase. Please refer to the refund policy. In the event you cancel an annual Cloud Services Subscription in accordance with Section 4.3, we will issue a pro-rated refund for the remainder of the subscription term.
We attempt to be as accurate as possible and to eliminate errors on our Services; however, we do not represent or warrant that the descriptions, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
5. Copyright; Limited License; and Automatic Software Updates
Unless otherwise indicated, all content and other materials contained on the Products and Services, including, without limitation, our logos and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 12), other files and the selection and arrangement thereof (collectively, "Materials"), are the proprietary property of Sioeye or our licensors or users, as applicable, and are protected by U.S. and international copyright, trademark and other laws.
Unless otherwise agreed to in a writing by us, you are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Services and Materials. Such license is subject to these Terms and does not include any right to (a) sell or resell the Services or Materials, (b) distribute, publicly perform or publicly display any Materials, (c) modify or otherwise make any derivative uses of the Services or Materials, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Services or Materials, except as expressly permitted by us, or (f) use the Services or Materials other than for their intended purposes. Any use of the Services or Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Sioeye or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Sioeye may from time to time develop updates, patches, bug fixes, upgrades and other modifications to Services ("Updates") at no cost to you. Updates may be automatically installed without providing any additional notice or receiving any additional consent from you. By accessing and using the Products or Services, you consent to automatic Updates. You acknowledge that you may be required to install Updates to use the Services and the Products and you agree to promptly install any Updates we provide.
6. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of, in appropriate circumstances and in our sole discretion, limiting access to the Services by, or terminating the accounts of, users who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
"SIOEYE," the Sioeye logo and any other Sioeye service or product names, logos or slogans that may appear on the Products and Services are trademarks of Sioeye and our suppliers and licensors and may not be copied, imitated or used, in whole or in part, without our or the applicable trademark holder's prior written permission. You may not use any metatags or other "hidden text" utilizing "Sioeye" or any other name, trademark or product or service name of Sioeye without our prior written permission. In addition, the look and feel of the Products and Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Sioeye and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product and service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Sioeye.
If you believe that anything on the Products or Services infringes upon any trademarks that you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 6. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. § 512(c)(3)).
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray Sioeye or any of our Services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Sioeye logo or other proprietary graphic of Sioeye to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Sioeye trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.
Sioeye makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation with, endorsement of or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
9. Third-Party Service and Equipment Providers
Sioeye relies on certain third-party service and equipment providers to enable certain aspects of the Products and Services. You acknowledge and agree that the availability of certain features of the Services or Products may be dependent on such third parties, such as your mobile carrier. You are responsible for any fees charged directly by such third parties in connection with your use of the Services and for your compliance with all applicable agreements and policies provided by such third parties.
10. Third-Party Content and Third Party Products and Services
We may display content, advertisements and promotions from third parties through the Services (collectively, "Third-Party Content"). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties and that Sioeye is not responsible or liable in any manner for such interactions or Third-Party Content.
11. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from such user and Sioeye;
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Reverse-engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Services;
- Attempt to circumvent any content-filtering techniques that we employ or attempt to access any feature or area of the Services that you are not authorized to access;
- Develop any third party applications that interact with User Content or the Services without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of site pages or functionality;
- Attempt to probe, scan, or test the vulnerability of any Sioeye system or network or breach any security or authentication measures;
- Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or
- Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
12. User Content
The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, "User Content"). In the event you decide to share your User Content with others through the Services or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services.
By using the interactive features and areas of the Services, you further agree not to create, post, share or store any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- User Content that impersonates, or misrepresents your affiliation with, any person or entity;
- User Content that references or depicts Sioeye or our Services but fails to disclose a material connection to us, if you have one (for example, if you are a Sioeye employee);
- User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
- User Content that contains any private or personal information of a third party without such third party’s consent;
- User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- User Content that, in our sole judgment, is objectionable, that restricts or inhibits any other person from using or enjoying the Services, or that may expose Sioeye or others to any harm or liability of any type.
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content that you post or store on the Services at your sole cost and expense.
13. Rights in User Content
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Services, you hereby grant Sioeye a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content for the purposes of operating, promoting, improving, and providing our Services to you.
By uploading, posting or submitting User Content to Sioeye through the Services, you represent and warrant that (a) such User Content is not subject to any confidentiality requirements, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Sioeye to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Sioeye or the Products or Services (collectively, "Feedback"). Feedback is nonconfidential and shall become the sole property of Sioeye. Sioeye shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Sioeye and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (collectively, the "Sioeye Parties") from all Sioeye Party or third-party claims of any kind, whether in tort, contract or otherwise (collectively, "Claims"), including damages to property, personal injury or death that arise from or relate to:
- your access to, use or misuse of our Products, Services and Materials;
- any User Content you create, post, share or store on or through our Services;
- any Feedback you provide;
- your violation of these Terms;
- your violation of the rights of any third party; or
- any third party’s use or misuse of the Products or Services provided to you.
This indemnity obligation includes paying for Sioeye’s or the Sioeye Parties’ attorneys’ fees and other costs of investigating and defending Claims and the costs of enforcing the indemnity obligation.
You agree to promptly notify Sioeye if you become aware of any third-party Claim against Sioeye or the Sioeye Parties. You agree to cooperate with Sioeye and the Sioeye Parties in defending all Claims. You further agree that Sioeye and the Sioeye Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Sioeye.
THERE ARE IMPORTANT WARNINGS, INSTRUCTIONS AND A LIMITED WARRANTY THAT YOU MUST READ BEFORE USING OUR PRODUCTS (AVAILABLE HERE AND HERE). BY PURCHASING OR USING OUR PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE READ THESE WARNINGS, INSTRUCTIONS AND LIMITED WARRANTY. WE MAY UPDATE OR REVISE THESE WARNING, INSTRUCTIONS AND LIMITED WARRANTY FROM TIME TO TIME, SO PLEASE REVIEW THEM PERIODICALLY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES AND THE MATERIALS THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US; (B) WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES AND MATERIALS CONTAINED THEREIN; (C) WE DO NOT REPRESENT OR WARRANT THAT THE MATERIALS OR FUNCTIONALITY OF THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT, PHOTOGRAPHY OR VIDEO; AND (E) WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE OUR SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
17. Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIOEYE OR ANY OF THE SIOEYE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SERVICES OR MATERIALS OR OTHERWISE RELATED TO THESE TERMS., WHETHER BASED IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY OR OTHER THEORY (EVEN IF SIOEYE PARTIES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SIOEYE AND THE SIOEYE PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY TO US FOR ACCESS TO OR USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THIS LIMITATION MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
18. Modifications to the Services
We reserve the right in our sole discretion to change any and all Materials and to modify, suspend or stop providing access to the Services (or any features or functionality of the Services) at any time without notice and without obligation or liability to you.
19. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SIOEYE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
19.1. Notice; Informal Dispute Resolution
You and Sioeye agree that each party will notify the other party in writing of any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") within thirty (30) days of the date each such Dispute arises so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Sioeye shall be sent to email@example.com. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Sioeye account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 3 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Sioeye cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Sioeye may, as appropriate and in accordance with this Section 19, commence an arbitration proceeding or, to the extent specifically provided for in Section 19.2, file a claim in court.
19.2. Binding Arbitration
Except for any Disputes arising out of or related to a violation of Section 11 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Sioeye agree (a) to waive your and Sioeye’s respective rights to have any and all Disputes arising from or related to these Terms or the Products, Services or Materials, resolved in a court, and (b) to waive your and Sioeye’s respective rights to a jury trial. Instead, you and Sioeye agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court) in accordance with Section 19.5.
19.3. No Class Arbitrations, Class Actions or Representative Actions
You and Sioeye agree that any Dispute arising out of or related to these Terms, Products, Services or Materials is personal to you and Sioeye and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Sioeye agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Sioeye agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
19.4. Federal Arbitration Act
You and Sioeye agree that these Terms affect interstate commerce and that the enforceability of this Section 19 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), to the maximum extent permitted by applicable law.
Except for Disputes arising out of or related to a violation of Section 11 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Sioeye agree that any Dispute must be commenced or filed by you or Sioeye within one (1) year of the date on which the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Sioeye will no longer have the right to assert such claim regarding the Dispute). You and Sioeye agree that (a) any arbitration will occur in King County, Washington, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are hereby incorporated by reference, and (c) the state or federal courts of the State of Washington and the United States, respectively, sitting in the State of New York, County of New York, Borough of Manhattan, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
19.6. Authority of Arbitrator
As limited by the FAA, these Terms and the applicable JAMS Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court, provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
19.7. Rules of JAMS
The Rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the Rules of JAMS, or (b) waive your opportunity to read the Rules of JAMS and any claim that the Rules of JAMS are unfair or should not apply for any reason.
If any term, clause or provision of this Section 19 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 19 will remain valid and enforceable. Further, the waivers set forth in Section 19.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
19.9. Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 19 by writing to firstname.lastname@example.org. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with this Section 19.
20. Governing Law and Venue
These Terms and your access to and use of the Products and Services shall be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the state or federal courts of the State of Washington and the United States, respectively, sitting in King County, Washington.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services and to block or prevent your future access to and use of the Services.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision or any other term, clause or provision of these Terms.
The following sections will survive the expiration or termination of these Terms and the termination of your Sioeye account: all defined terms and Sections 4, 5 (first paragraph only), 6, 7, 8(second paragraph only), and 9 through 23.
If you have any questions regarding these Terms, please contact us at email@example.com.