TERMS OF USE

TERMS OF USE

IAMBANGANDO TERMS OF USE

EFFECTIVE DATE: MAY 20, 2022

PLEASE READ THE FOLLOWING CAREFULLY. THESE TERMS OF USE (HEREINAFTER NAMED THE “ TERMS ”) GOVERN YOUR ACCESS TO AND USE OF THE CONEGO INC (“ BANGANDO ”, “ WE ”, “ US ” OR “ OUR ”) IAMBANGANDO.COM WEBSITE (CI -HEREINAFTER REFERRED TO AS THE “ SITE ”) AND TO THE PRODUCTS AND SERVICES PROVIDED BY BANGANDO (COLLECTIVELY HEREIN REFERRED TO AS THE “ SERVICE ”). THIS IS A BINDING AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS.

BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE THAT ALL DISPUTES, AS DEFINITION GIVEN BELOW, ARE SUBJECT TO ARBITRATION. DISPUTES, ALLEGATIONS OR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR ANY ADDITIONAL TERMS, WHICH ARISE TODAY OR WILL ARISE IN THE FUTURE (COLLECTIVELY, A “ DISPUTE ”), EXCLUDING ANY DISPUTES, ALLEGATIONS OR CLAIMS OR CLAIMS ARISING OUT OF OR RELATING TO OUR ACTUAL OR ALLEGED INTELLECTUAL PROPERTY RIGHTS (AN “ EXCLUDED DISPUTE ”), SHALL BE FINALLY RESOLVED THROUGH ARBITRATION. THE PARTIES AGREE TO PROCEED ONLY INDIVIDUAL ARBITRATION AND AGREE THAT THESE TERMS DO NOT PERMIT CLASS ARBITRATION OR CLASS ARBITRATION OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR OR ARBITRATION COMMISSION MAY NOT CONSOLIDATE MULTIPLE CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING. IF THE PROHIBITION ON CLASS ARBITRATION IS FOUND TO BE INVALID OR UNENFORCEABLE, THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN EFFECT.

  1. YOUR ACCESS TO THE SERVICE
  2. PERMITTED USE AND PROHIBITIONS
  3. CONFIDENTIALITY
  4. USER ACCOUNTS AND SECURITY
  5. CONDITIONS OF SALE AND PAYMENTS
  6. IDEA SUBMISSIONS
  7. INTELLECTUAL PROPERTY RIGHTS
  8. GENERAL CONDITIONS RELATING TO MOBILE MESSAGING
  9. THIRD PARTY SITES AND SERVICES
  10. NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1789.3
  11. COMPENSATION
  12. DISCLAIMER OF WARRANTY
  13. LIMITATION OF LIABILITY
  14. TERMINATION
  15. COMMUNICATION BETWEEN US
  16. APPLICABLE RIGHT
  17. DISPUTE RESOLUTION
  18. IMPORTANT ADDITIONAL CONDITIONS
  19. CHANGES TO THESE TERMS
  20. CONTACT DETAILS

  1. YOUR ACCESS TO THE SERVICE
    1. INTERNET ACCESS . WHEN YOU USE THE SERVICE ON YOUR CELL PHONE, LAPTOP, DESKTOP OR OTHER DEVICE (HEREINAFTER, YOUR “ DEVICE ”), YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO (I) ENSURE ACCESS TO THE INTERNET FOR YOUR DEVICE, AND (II) TO ASSUME ALL TELECOMMUNICATIONS AND INTERNET CONNECTION CHARGES THAT YOU INCUR.
    2. YOUR DEVICE . AMIRI IS NOT RESPONSIBLE FOR THE OPERATION OF YOUR DEVICE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE SYSTEM FEATURES OF YOUR DEVICE ARE WORKING WHEN YOU ACCESS THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE ON-SCREEN DISPLAY FUNCTION OF YOUR DEVICE.
    3. NO WARRANTY . IT IS POSSIBLE THAT ACCESS TO THE SERVICE WILL BE TEMPORARILY SUSPENDED WITHOUT NOTICE (I) IN THE EVENT OF A SYSTEM FAILURE, (II) IN THE CASE OF MAINTENANCE OR REPAIR OPERATION, (III) IF WE REASONABLY SUSPECT THAT THESE CONDITIONS HAVE BEEN VIOLATED, (IV) FOR REASONS REASONABLY BEYOND OUR CONTROL, OR (V) FOR ANY OTHER REASON IDENTIFIED IN THESE TERMS.
  2. PERMITTED USE AND PROHIBITIONS
    1. GRANT OF LICENSE . SUBJECT TO THE PROVISIONS OF THESE TERMS, AMIRI HEREBY GRANTS YOU A LIMITED, NON-EXCLUSIVE, PERSONAL, NON-TRANSFERABLE, NON-SUBLICENSEABLE LICENSE TO ACCESS AND USE THE SERVICE (INCLUDING, THE UPDATES AND UPGRADES WHICH REPLACE OR SUPPLEMENT IT IN ANY RESPECT AND ARE NOT DISTRIBUTED WITH A SEPARATE LICENSE (WITH ANY DOCUMENTATION) SOLELY FOR PERSONAL USE ON A DEVICE YOU OWN OR CONTROL. WE RESERVE ALL OTHER RIGHTS NOT GRANTED IN THESE TERMS.
    2. LIMITATIONS ON USE . YOU MAY NOT ACCESS OR USE THE SITE IN ANY MANNER THAT IS NOT EXPRESSLY PERMITTED BY THESE TERMS. YOU MAY NOT: (I) CAUSE, PERMIT, OR AUTHORIZE THE MODIFICATION, COPYING, CREATION OF DERIVATIVE WORKS, TRANSLATION, REVERSE ENGINEERING, DECOMPILATION, DISASSEMBLY OR HACKING OF THE SERVICE; (II) SELL, ASSIGN, RENT, LICENSE OR GRANT RIGHTS IN THE SERVICE, INCLUDING, IN PARTICULAR, THROUGH A SUBLICENSE, TO ANY NATURAL OR LEGAL PERSON; OR (III) USING THE SERVICE IN CONNECTION WITH ANY ILLEGAL, PROHIBITED, ABNORMAL OR UNUSUAL ACTIVITY AS DETERMINED BY AMIRI IN ITS SOLE DISCRETION.
    3. ELIGIBILITY . YOU MAY ONLY USE THE SERVICE IF YOU ARE 18 YEARS OF AGE OR OLDER. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE SERVICE.
    4. WE MAY, BUT ARE NOT OBLIGED, TO MONITOR OR REVIEW OUR SERVICE AT ANY TIME. IF WE BECOME AWARE OF ANY POSSIBLE VIOLATION OF THESE TERMS BY YOU, WE RESERVE THE RIGHT TO INVESTIGATE SUCH VIOLATION, AND MAY, IN OUR SOLE DISCRETION, IMMEDIATELY TERMINATE YOUR LICENSE TO USE THE SERVICE IN ACCORDANCE WITH SECTION 14 ( TERMINATION ) BELOW.
    5. VIOLATION OF THESE TERMS. YOU MUST NOT USE (OR ALLOW THIRD PARTIES TO USE) THE SERVICE: (I) ILLEGALLY, FOR ILLEGAL PURPOSES OR TO ACT IN A FRAUDULENT OR MALICIOUS MANNER, FOR EXAMPLE, BY HACKING THE SERVICE OR ANY OPERATING SYSTEM IT USES, OR BY INTRODUCING ANY MALICIOUS CODE, INCLUDING VIRUSES OR HARMFUL DATA; (II) IN ANY WAY THAT COULD DAMAGE, DISABLE, OVERLOAD, DEGRADE OR COMPROMISE OUR SYSTEMS OR SECURITY, OR INTERFERE WITH OTHER USERS; (III) TO COLLECT OR PROVIDE ANY INFORMATION OR DATA FROM THE SERVICE OR OUR SYSTEMS OR ATTEMPT TO DECRYPT ANY TRANSMISSION MADE TO OR FROM OUR SERVICE SERVERS; (IV) THROUGH THE USE OF A ROBOT, COLLECTOR OR ANY OTHER AUTOMATED DEVICE TO MONITOR OR COPY THE SERVICE OR ANY INFORMATION CONTAINED THEREIN; (V) TO SEND, KNOWINGLY RECEIVE, UPLOAD, UPLOAD, USE OR REUSE ANY CONTENT THAT DOES NOT COMPLY WITH THESE TERMS; OR (VI) TO TRANSMIT OR CAUSE TO BE SENT ANY UNSOLICITED OR UNAUTHORIZED ADVERTISING OR PROMOTIONAL CONTENT OR ANY OTHER FORM OF SIMILAR SOLICITATION (SPAM). YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE, AND AMIRI ASSUMES NO LIABILITY TO YOU OR ANY OTHER PERSON OR LEGAL PERSON, REGARDING ANY VIOLATION BY YOU OF THESE TERMS OR THE CONSEQUENCES OF SUCH VIOLATION.
  3. CONFIDENTIALITY
    1. THEY ALSO INCLUDE THE CONDITIONS OF OUR DATA PROTECTION POLICY (AS UPDATED PERIODICALLY). OUR DATA PROTECTION POLICY EXPLAINS HOW YOUR PERSONAL INFORMATION WILL BE PROCESSED AND USED, AND CONTAINS FURTHER INFORMATION ABOUT THE PROTECTION OF YOUR DATA. BY ACCEPTING THESE TERMS, YOU ALSO ACCEPT THE DATA PROTECTION POLICY AND CONSENT TO (I) THE PROCESSING OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THE DATA PROTECTION POLICY AND (II) THE COLLECTION OF THE INFORMATION CONTAINED IN THE YOUR DEVICE, AS EXPLAINED IN THE DATA PROTECTION POLICY.
  4. USER ACCOUNTS AND SECURITY
    1. USER ACCOUNTS . TO USE CERTAIN FEATURES OF THE SERVICE, YOU MAY BE REQUIRED TO CREATE AN AMIRI ACCOUNT AND PROVIDE US WITH A USERNAME, PASSWORD, AND OTHER INFORMATION ABOUT YOU. YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION ASSOCIATED WITH YOUR ACCOUNT AND FOR ANY ACTIVITY THAT OCCURS RELATED TO YOUR ACCOUNT. YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION UPON REQUEST, IN ANY FORM, AND TO MAINTAIN SUCH INFORMATION AND KEEP IT UPDATED SO THAT IT REMAINS TRUE, ACCURATE, CURRENT AND COMPLETE. IF YOU DO NOT UPDATE YOUR INFORMATION AND IT IS NO LONGER TRUE, ACCURATE, CURRENT AND COMPLETE, YOU MAY NO LONGER BE ABLE TO ACCESS OR USE THE SERVICE.
    2. ACCOUNT SECURITY . ENSURE ACCOUNT SECURITY IS VERY IMPORTANT. IT IS YOUR RESPONSIBILITY TO MAINTAIN THE CONFIDENTIALITY OF THE PASSWORDS ASSOCIATED WITH YOUR ACCOUNT. YOU AGREE TO NOTIFY AMIRI IMMEDIATELY IF YOU BECOME AWARE OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT.
    3. ACCOUNT SHARING OR TRANSFERS . ACCOUNTS CREATED ARE PERSONAL AND MAY NOT BE SOLD, EXCHANGED, GIVEN, OR OTHERWISE TRANSFERRED AT ANY TIME, UNDER ANY CIRCUMSTANCES. YOU MAY NOT SHARE YOUR ACCOUNT OR PASSWORD WITH ANYONE.
    4. COSTS . YOU AGREE TO PAY ALL APPLICABLE FEES AND TAXES INCURRED BY YOU OR ANYONE USING YOUR ACCOUNT. YOU ACKNOWLEDGE THAT YOU ARE FULLY LIABLE FOR ALL CHARGES ASSOCIATED WITH YOUR ACCOUNT, INCLUDING UNAUTHORIZED CHARGES.
    5. DELETION OF THE ACCOUNT BY YOU . YOU CAN DELETE YOUR ACCOUNT AT ANY TIME. TO DO THIS, YOU CAN CONTACT US USING THE CONTACT INFORMATION PROVIDED IN SECTION 20 ( CONTACT INFORMATION ) BELOW.
    6. ACCOUNT DELETION BY US . AMIRI MAY TERMINATE YOUR ACCOUNT AT ANY TIME FOR ANY REASON, OR FOR NO REASON, INCLUDING IF: (A) AMIRI DEEMS THAT YOU (I) VIOLATE OR OTHERWISE ACT INCONSISTENT WITH THESE TERMS OR (II) ENGAGE IN ACTIVITIES FRAUDULENT OR ILLEGAL OR ENGAGE IN ANY OTHER BEHAVIOR WHICH COULD ENGAGE AMIRI’S LIABILITY; (B) AMIRI DEEMS IT REQUIRED TO TERMINATE YOUR ACCOUNT UNDER THE LAW; OR (C) AMIRI DECIDES TO STOP PROVIDING THE SERVICE OR ESSENTIAL PARTS OF THE SERVICE. UPON TERMINATION OF YOUR ACCOUNT, AMIRI MAY DELETE YOUR ACCOUNT AND THE INFORMATION CONTAINED IN IT. YOU HAVE NO OWNERSHIP RIGHTS IN YOUR ACCOUNT.
  5. CONDITIONS OF SALE AND PAYMENTS
    1. BILLING POLICIES . IF YOU CHOOSE, IN YOUR SOLE DISCRETION, TO PURCHASE GOODS, YOU ACKNOWLEDGE THAT YOU MUST SHARE A CURRENT, VALID, AND ACCEPTED PAYMENT METHOD (“ PAYMENT METHOD ”) AND YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD. AMIRI USES AUTHORIZED THIRD PARTIES TO PROCESS YOUR TRANSACTIONS, AUTHORIZE CREDIT CARD PAYMENTS, FULFILL ORDERS AND DELIVERY. BY SUBMITTING YOUR PAYMENT METHOD DETAILS TO US OR TO OUR THIRD-PARTY CONTRACTORS, YOU GIVE AMIRI THE RIGHT TO STORE AND PROCESS YOUR INFORMATION WITH SUCH THIRD PARTIES (OR OTHERWISE AUTHORIZE IT). YOU AGREE THAT AMIRI WILL NOT BE LIABLE IF SUCH THIRD PARTIES FAIL TO ADEQUATELY PROTECT YOUR INFORMATION.
    2. AVAILABILITY OF PRODUCTS . WE ARE NOT ABLE TO GUARANTEE THE AVAILABILITY OF ANY PARTICULAR PRODUCT AT ANY PARTICULAR TIME, AND WE RESERVE THE RIGHT TO MODIFY AND/OR CANCEL OUR MERCHANDISE OFFERINGS THROUGH THE SERVICE, WITHOUT NOTICE, AT ANY TIME. MOMENT. ALL PRICES DISPLAYED ON THE SERVICE ARE EXCLUSIVE OF TAXES AND DELIVERY CHARGES. ALL ORDERS ARE SUBJECT TO ACCEPTANCE AND SUBJECT TO AVAILABILITY. IN SOME CASES, PRODUCT UNAVAILABILITY OCCURS AFTER AN ORDER HAS BEEN PLACED. IN THIS CASE, THE AMOUNT PAID WILL BE REFUNDED TO YOUR ORIGINAL PAYMENT METHOD. BETWEEN THREE (3) AND FIVE (5) BUSINESS DAYS ARE NECESSARY FOR THE REFUND TO APPEAR ON YOUR BANK ACCOUNT OR CREDIT CARD STATEMENT.
    3. ORDER PROCESSING . PRODUCT ORDERS ARE GENERALLY PROCESSED WITHIN THREE (3) BUSINESS DAYS. ONCE AN ORDER IS PLACED, A CONFIRMATION EMAIL IS SENT TO YOU AND THE ORDER CANNOT BE CHANGED OR CANCELED. ONCE YOUR ORDER IS PROCESSED AND SHIPPED, YOU WILL RECEIVE A SHIPPING CONFIRMATION EMAIL. ORDERS MAY BE SUBJECT TO SHIPPING DELAYS DURING SPECIAL EDITIONS, HOLIDAYS AND SALE PERIODS. WE ARE NOT ABLE TO MAKE DELIVERIES TO PO BOX ADDRESSES (“PO BOX”), ARMY POST OFFICE (“APO”) OR FLEET POST OFFICES (FLEET POST OFFICE, “FPO”). ORDERS WHOSE DELIVERY ADDRESSES INCLUDE BP, APO OR FPO WILL BE CANCELED.
    4. PERSONAL USE . UNLESS YOU ARE AN AUTHORIZED DEALER, ALL PRODUCTS SOLD BY OR RECEIVED FROM AMIRI ARE INTENDED TO BE USED FOR PERSONAL USE ONLY, AND YOU MAY NOT SELL OR RESELL ANY PRODUCTS YOU PURCHASE OR OTHERWISE RECEIVE FROM AMIRI. AMIRI RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO CANCEL OR REDUCE THE VOLUME OF ANY ORDER TO BE PREPARED OR PRODUCTS TO BE PROVIDED TO YOU SHOULD THIS RESULT IN A VIOLATION OF THESE TERMS, AS AMIRI DETERMINES IN ITS ENTIRE TERMS. COMPLETE DISCRETION.
    5. FINAL SALE OF ITEMS. DURING THE SALE PERIOD, ALL DISCOUNTED ITEMS CONSTITUTE A FINAL SALE. AMIRI RESERVES THE RIGHT TO EXTEND, MODIFY OR DISCONTINUE THE MARKS AT ANY TIME WITH OR WITHOUT NOTICE. IF A DISCOUNT IS APPLIED TO THE PRICE OF AN ITEM THAT YOU HAVE ALREADY PURCHASED, WE MAY, AT YOUR REQUEST, ADJUST THE SALE PRICE WITHIN TEN (10) DAYS FROM THE DATE OF YOUR DELIVERY. AMIRI DOES NOT PRICE MATCH WITH OTHER RESELLERS.
    6. RETURNS . EXCEPT THE PROVISIONS OF SECTION 5(E), AMIRI ALLOWS YOU TO INITIATE A RETURN WITHIN TWENTY (20) DAYS FROM THE DATE OF DELIVERY OF YOUR ORDER. RETURNED ITEMS WILL BE UNWORN, DAMAGED AND WASHED AND WILL HAVE ALL ORIGINAL LABELS. THE ORIGINAL INVOICE MUST BE ATTACHED TO EVERY RETURN. TO LEARN MORE ABOUT OUR RETURN POLICIES, PLEASE VIEW THE PAGE HTTPS://AMIRI.COM/PAGES/SHIPPING-RETURNS .
  6. IDEA SUBMISSIONS
    1. WE PLEASE RECEIVE AND READ COMMENTS FROM OUR USERS ABOUT OUR SERVICE. HOWEVER, OUR COMPANY POLICY DOES NOT AUTHORIZE US TO ACCEPT OR CONSIDER ANY IDEAS, SUGGESTIONS, PROPOSALS OR CONTENT (“ SUBMISSIONS ”) THAT WE HAVE NOT SPECIFICALLY SOLICITTED. THIS POLICY ALLOWS US AND OUR CUSTOMERS TO AVOID MISUNDERSTANDINGS WHEN NEW PRODUCTS OR SERVICES DEVELOPED IN-HOUSE BY OUR EMPLOYEES MIGHT BE SIMILAR OR IDENTICAL TO A CUSTOMER’S IDEA.
    2. IF, ALTHOUGH WE HAVE ASKED YOU NOT TO DO SO, YOU STILL SUBMIT YOUR IDEAS TO US, THEN REGARDLESS OF ANY CONDITIONS YOU MAY ATTEMPT TO IMPOSE ON YOUR SUBMISSION, THE FOLLOWING TERMS AND CONDITIONS WILL APPLY TO YOUR SUBMISSION: YOU ACKNOWLEDGE AND AGREE THAT: (I) SUCH SUBMISSIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY; (II) WE HAVE THE RIGHT (SUBJECT TO OUR DATA PROTECTION POLICY), WITHOUT TIME LIMIT AND WITHOUT PAYMENT DUE TO YOU, TO USE, COPY, DISTRIBUTE, ADAPT AND DISCLOSURE THROUGH THE SERVICE OR OTHERWISE THIRD PARTIES FOR ANY PURPOSE, IN ANY MANNER WHATSOEVER, AND IN ANY MEDIUM THROUGHOUT THE WORLD NOW KNOWN OR LATER DISCOVERED, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO CREATE DERIVATIVE WORKS, MAKE IMPROVEMENTS, EXECUTE (INCLUDING DIGITALLY) AND TRANSMIT (INCLUDING DIGITALLY) SUCH SUBMISSIONS, AS WELL AS THE RIGHT TO TRANSFER OR SUBLICENSE SUCH RIGHTS; (III) WE MAY ALREADY HAVE AN ITEM SIMILAR TO THE SUBMISSIONS IN REVIEW OR IN DEVELOPMENT; AND (IV) YOU ARE NOT ENTITLED TO ANY COMPENSATION OR REIMBURSEMENT OF ANY KIND FROM US IN CONNECTION WITH ANY SUBMISSIONS, REGARDLESS OF THE CIRCUMSTANCES.
  7. INTELLECTUAL PROPERTY RIGHTS
    1. THE AMIRI NAME AND LOGO ARE TRADEMARKS AND SERVICE MARKS OF AMIRI. YOU HAVE NO RIGHT TO USE ANY OF OUR TRADEMARKS, SERVICE MARKS OR ANY OF OUR LOGOS, AND YOUR UNAUTHORIZED USE OF SUCH TRADEMARKS AND LOGOS MAY CONSTITUTE A VIOLATION OF FEDERAL AND D. LAWS STATUS ON TRADEMARKS.
    2. YOU ACKNOWLEDGE THAT ALL INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE SERVICE, WHETHER OR NOT REGISTERED, INCLUDING, BUT NOT LIMITED TO, RIGHTS IN DESIGNS, LOGOS, “LOOK AND FEEL”, TRADE PRESENTATION, STRUCTURE, ORGANIZATION , THE CODE AND ALL OTHER CONTENT OF THE SERVICE, TOGETHER WITH THE COMPILATION OF THE FOREGOING, WORLDWIDE, OWNED BY US OR OUR LICENSORS, CONSTITUTE VALUABLE TRADE SECRETS AND CONFIDENTIAL INFORMATION OF AMIRI AND ARE PROTECTED BY THE RIGHT ON INTELLECTUAL PROPERTY. EXCEPT WITH RESPECT TO YOUR SUBMITTED CONTENT, YOU ACKNOWLEDGE AND AGREE THAT AMIRI AND/OR ITS LICENSORS OWN ALL RIGHT, TITLE AND INTEREST IN THE SERVICE, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS, INDUSTRIAL PROPERTY RIGHTS AND RIGHTS PROPRIETARY RECOGNIZED ELSEWHERE IN THE WORLD AT ALL TIMES AND THAT THE SERVICE IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT LAWS. FURTHER, YOU ACKNOWLEDGE THAT THE SERVICE MAY CONTAIN INFORMATION THAT AMIRI HAS DESIGNATED TO BE CONFIDENTIAL AND YOU AGREE NOT TO DISCLOSE IT WITHOUT AMIRI'S PRIOR WRITTEN CONSENT. NOTHING POSTED ON THE SERVICE GRANTS ANY LICENSE TO ANY TRADEMARK, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHT OF AMIRI, WHETHER BY IMPLICATION, PRECLUSION, OR OTHERWISE. YOU SHOULD ASSUME THAT ANY MATERIAL YOU VIEW OR READ ON THE SERVICE CONSTITUTES PROPRIETARY COPYRIGHT OR TRADEMARK INFORMATION, UNLESS OTHERWISE STATED, AND MAY NOT BE USED WITHOUT THE WRITTEN PERMISSION OF AMIRI. WHEN YOU ACCESS THE SERVICE, YOU AGREE TO RESPECT THE LAW AND THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. YOUR USE OF THE SERVICE IS AT ALL TIMES GOVERNED BY THE LAWS REGARDING COPYRIGHT OWNERSHIP AND USE OF INTELLECTUAL PROPERTY TO WHICH IT IS SUBJECT.
  8. GENERAL CONDITIONS RELATING TO MOBILE MESSAGING
    1. BY AGREEING TO THESE TERMS OR USING THE SERVICE, YOU ALSO AGREE TO RECEIVE COMMUNICATIONS FROM US, INCLUDING BY EMAIL, SMS (TO THE EXTENT PERMITTED BY APPLICABLE LAW), TELEPHONE, PUSH NOTIFICATIONS AND NOTIFICATIONS SENT THROUGH THE BROWSER. COMMUNICATIONS WE SEND TO YOU MAY INCLUDE RESPONSES TO YOUR REQUESTS FOR INFORMATION, OPERATIONAL COMMUNICATIONS REGARDING YOUR ACCOUNT AND/OR ORDERS, REQUESTS FOR FEEDBACK, OR MARKETING CONTENT.
    2. IF YOU WOULD LIKE TO NO LONGER RECEIVE PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR LIST OF EMAIL ADDRESS USED FOR PROMOTIONAL PURPOSES BY SELECTING THE UNSUBSCRIBE OPTIONS CONTAINED IN THE MESSAGE ITSELF OR BY SENDING US AN EMAIL AT THE ADDRESS INDICATED IN SECTION 20 ( CONTACT INFORMATION ) BELOW.
    3. IN ADDITION, AMIRI OFFERS A MOBILE MESSAGING PROGRAM (THE “ PROGRAM ”), WHICH YOU AGREE TO USE AND IN WHICH YOU AGREE TO PARTICIPATE SUBJECT TO THESE MOBILE MESSAGING TERMS AND CONDITIONS (FOR THE PURPOSES OF THIS SECTION 8, THE “ CONTRACT "). BY JOINING OR PARTICIPATING IN ANY OF OUR PROGRAMS, YOU ACCEPT AND COMPLY WITH THESE TERMS, INCLUDING, WITHOUT LIMITATION, AGREEING TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING, INDIVIDUAL ARBITRATION ONLY, AS DESCRIBED IN SECTION 17 ( DISPUTE RESOLUTION ) BELOW. THIS AGREEMENT IS LIMITED TO THE PROGRAM AND IS NOT INTENDED TO MODIFY OTHER TERMS OR DATA PROTECTION POLICIES WHICH MAY GOVERN THE RELATIONSHIP BETWEEN YOU AND AMIRI IN OTHER CONTEXTS.
    4. USER REGISTRATION . THE PROGRAM ALLOWS USERS TO RECEIVE SMS/MMS ON THEIR MOBILE PHONES BY AFFIRMATIVELY OPERATING INTO THE PROGRAM, FOR EXAMPLE, ONLINE OR THROUGH APPLICATION-BASED REGISTRATION FORMS. REGARDLESS OF HOW YOU JOIN THE PROGRAM, YOU AGREE THAT THIS AGREEMENT APPLIES TO YOUR PARTICIPATION IN THE PROGRAM AND YOU ACKNOWLEDGE AND AGREE THAT YOUR INFORMATION MAY BE SHARED WITH THIRD-PARTY SERVICE PROVIDERS WHO HELP US ADMINISTER THE PROGRAM. BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO RECEIVE PRE-RECORDED MARKETING MESSAGES SENT AUTOMATICALLY TO THE CELL PHONE NUMBER ASSOCIATED WITH YOUR REGISTRATION. ALTHOUGH YOU CONSENT TO RECEIVING MESSAGES SENT USING AN AUTODIALER, THE FOREGOING SHOULD NOT BE INTERPRETED AS SUGGESTING OR IMPLYING THAT ALL OR ANY PART OF OUR MOBILE MESSAGES ARE SENT USING AUTODIAL TELEPHONE SYSTEMS (“ STCA” OR “AUTOMATIC DIALER”). MESSAGE AND DATA FEES MAY APPLY.
    5. USER UNSUBSCRIPTION . IF YOU NO LONGER WISH TO PARTICIPATE IN THE PROGRAM OR YOU NO LONGER ACCEPT THIS AGREEMENT, YOU AGREE TO REPLY STOP TO ANY MOBILE MESSAGE RECEIVED FROM AMIRI TO UNSUBSCRIBE FROM THE PROGRAM. YOU MAY RECEIVE A NEW MOBILE MESSAGE CONFIRMING YOUR UNSUBSCRIBE. YOU UNDERSTAND AND AGREE THAT THE FOREGOING OPTIONS ARE THE ONLY REASONABLE MEANS TO OPT-OUT. YOU ALSO UNDERSTAND AND AGREE THAT ANY OTHER MEANS OF OPT-OUT, INCLUDING, BUT NOT LIMITED TO, SENDING WORDS OTHER THAN STOP BY SMS OR VERBALLY ASKING ONE OF OUR EMPLOYEES TO REMOVE YOU FROM OUR LIST, DOES NOT CONSTITUTE A REASONABLE MEANS FOR YOU UNSUBSCRIBE.
    6. DUTY OF NOTIFICATION AND COMPENSATION . IF, AT ANY TIME, YOU INTEND TO STOP USING THE CELL PHONE NUMBER THAT WAS USED FOR REGISTRATION IN THE PROGRAM, INCLUDING BY TERMINATING YOUR SUBSCRIPTION OR SELLING OR TRANSFERRING YOUR PHONE NUMBER TO A THIRD PARTY , YOU AGREE TO COMPLY WITH THE USER OPT-OUT PROCESS DESCRIBED ABOVE BEFORE TERMINating YOUR USE OF THE CELL PHONE NUMBER. YOU UNDERSTAND AND AGREE THAT YOUR AGREEMENT TO COMPLY WITH THIS PROCESS IS AN IMPORTANT ELEMENT OF THESE TERMS. YOU FURTHER AGREE THAT, IF YOU STOP USING YOUR CELL PHONE NUMBER WITHOUT NOTIFYING AMIRI, YOU WILL BE RESPONSIBLE FOR ALL COSTS (INCLUDING ATTORNEYS' FEES) AND LIABILITIES INCURRED BY AMIRI, OR ANY PARTY ASSISTING IT TO DELIVER MOBILE MESSAGES ARISING FROM COMPLAINTS INTRODUCED BY THE INDIVIDUAL(S) TO WHOM WILL LATER BE ASSIGNED WITH SAID MOBILE TELEPHONE NUMBER. SUCH DUTY AND CONTRACT WILL SURVIVE ANY CANCELLATION OR TERMINATION OF YOUR AGREEMENT TO PARTICIPATE IN ANY OF OUR PROGRAMS. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO INFORM US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED TO US, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, TITLE 47, SECTION 227 OF THE UNITED STATES CODE, OR ANY SIMILAR FEDERAL AND STATE LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE NUMBER OF CELL PHONE THAT YOU HAVE PROVIDED TO US.
    7. PROGRAM DESCRIPTION . WITHOUT LIMITING THE SCOPE OF THE PROGRAM, USERS WHO REGISTER FOR THE PROGRAM CAN EXPECT TO RECEIVE MESSAGES REGARDING MARKETING AND SALES OF PRODUCTS, SERVICES AND EVENTS.
    8. COSTS AND FREQUENCY . MESSAGE AND DATA FEES MAY APPLY. THE PROGRAM INVOLVES THE FREQUENT SENDING OF MOBILE MESSAGES AND OTHER MOBILE MESSAGES MAY BE SENT FROM TIME TO TIME DEPENDING ON YOUR INTERACTION WITH AMIRI.
    9. MMS . THE PROGRAM WILL SEND AN SMS NOTIFICATION IF YOUR CELL PHONE DOES NOT SUPPORT MMS.
    10. OUR EXCLUSION OF WARRANTY . THE PROGRAM IS OFFERED “AS IS” AND MAY NOT BE AVAILABLE IN ALL AREAS AT ALL TIMES AND MAY CEASE WORKING DUE TO PRODUCTS, SOFTWARE OR COVERAGE OFFERED BY YOUR MOBILE NETWORK CARRIER, OR OTHER MODIFICATIONS MADE BY THE LATTER. WE WILL NOT BE RESPONSIBLE FOR ANY DELAYS OR FAILURE TO RECEIVE MOBILE MESSAGES IN CONNECTION WITH SUCH PROGRAM. DELIVERY OF MOBILE MESSAGES IS SUBJECT TO ACTUAL TRANSMISSION BY YOUR WIRELESS SERVICE PROVIDER/MOBILE NETWORK OPERATOR OVER WHICH AMIRI EXERCISES NO CONTROL.
    11. OBLIGATIONS OF THE PARTICIPANT . YOU MUST HAVE YOUR OWN WIRELESS DEVICE THAT SUPPORTS TWO-WAY MESSAGES, USE A PARTICIPATING MOBILE NETWORK CARRIER AND REGISTER FOR A SUBSCRIPTION INCLUDING TEXT MESSAGING SERVICE. NOT ALL MOBILE OPERATORS OFFER THE SERVICE ALLOWING PARTICIPATION IN THE PROGRAM. CHECK THE TEXT MESSAGING INSTRUCTIONS SPECIFIC TO YOUR DEVICE.
    12. SHOP PAY . OUR ONLINE STORE WORKS WITH THE SHOPIFY PLATFORM. SHOPIFY OFFERS USERS THE POSSIBILITY TO OPT FOR AN ACCELERATED PAYMENT (“ SHOP PAY ”). IF YOU REGISTER FOR SHOP PAY BY PROVIDING YOUR CELLPHONE NUMBER, YOU MAY RECEIVE A VERIFICATION CODE VIA SMS TO VERIFY YOUR IDENTITY AT THE TIME OF PAYMENT. YOU ACKNOWLEDGE AND AGREE THAT AMIRI IS NOT RESPONSIBLE FOR ANY SMS SENT BY SHOPIFY AND HAS NO CONTROL OVER SUCH MESSAGES. IF YOU WOULD LIKE TO UNSUBSCRIBE FROM SHOP PAY, PLEASE GO TO THE SITE HTTPS://SHOP.APP/PAY/PHONE-OPTOUT .
  9. THIRD PARTY SITES AND SERVICES
    1. THE SERVICE MAY CONTAIN LINKS TO, OR ALLOW YOU TO SHARE CONTENT DIRECTLY WITH, OTHER THIRD-PARTY WEBSITES (“ THIRD-PARTY SITES ”). YOU ACKNOWLEDGE THAT WE HAVE NO CONTROL OVER THIRD PARTY SITES AND ARE NOT RESPONSIBLE FOR THEIR CONTENT AND/OR AVAILABILITY. WE ASSUME NO LIABILITY REGARDING YOUR USE OF THE FOREGOING, WHICH USE YOU ACKNOWLEDGE AND AGREE IS AT YOUR SOLE RISK.
    2. THESE LINKS ARE PROVIDED TO YOU FOR YOUR CONVENIENCE ONLY AND DO NOT CONSTITUTE AN ENDORSEMENT OR ENDORSEMENT BY US OF THE COMPANIES THAT OPERATE SUCH WEBSITES, THE CONTENT OR OTHER MATERIALS ON THE THIRD-PARTY SITES, AND WE ARE NOT IN ANY WAY CASES ASSOCIATED WITH THEIR OPERATORS. YOUR USE OF THIRD-PARTY SITES WILL BE GOVERNED BY THEIR TERMS AND CONDITIONS AND DATA PROTECTION POLICIES (IF ANY) (“ THIRD-PARTY TERMS ”). IT IS YOUR RESPONSIBILITY TO READ AND COMPLY WITH THIRD PARTY TERMS.
  10. NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1789.3
    1. PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA USERS OF AN ELECTRONIC COMMERCIAL SERVICE ARE RECEIVED THE FOLLOWING NOTICE OF CONSUMER RIGHTS: CALIFORNIA RESIDENTS MAY CONTACT THE COMPLAINT RESOLUTION ASSISTANCE UNIT CALIFORNIA DEPARTMENT OF CONSUMER PROTECTION DEPARTMENT OF CUSTOMER SERVICES MAIL TO 1625 NORTH MARKET BLVD. SUITE N 112, SACRAMENTO, CA 95834, UNITED STATES OR BY PHONE 800-952-5210.
  11. COMPENSATION
    1. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR AFFILIATES AND THEIR RESPECTIVE BUSINESS PARTNERS, LICENSEES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (THE “ INDEMNIFIED PARTIES ”) WITH RESPECT TO THE ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE COSTS AND ATTORNEYS' FEES), ARISING OUT OF OR RELATING TO: (A) YOUR USE OF THE SERVICE; (B) YOUR VIOLATION OF THESE TERMS; OR (C) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WITHOUT EXCLUDING YOUR INDEMNIFICATION OBLIGATIONS. IN SUCH EVENT, YOU WILL COOPERATE WITH THE INDEMNIFIED PARTIES TO THE EXTENT SUCH COOPERATION IS REASONABLY REQUESTED BY THE INDEMNIFIED PARTIES.
  12. DISCLAIMER OF WARRANTY
    1. WE PROVIDE THE SERVICE “AS IS” AND “SUBJECT TO AVAILABLE”. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR FIXING ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR OTHERWISE SUPPORTING, DEVELOPING OR MAINTAINING THE SERVICE. ALTHOUGH WE TAKE REASONABLE PRECAUTIONS TO PREVENT THE PRESENCE OF COMPUTER VIRUSES AND/OR OTHER MALICIOUS PROGRAMS, WE DISCLAIM ALL LIABILITY IN THIS REGARD. WE MAKE NO PROMISES OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY CONTENT INCLUDED ON THE SERVICE.
    2. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS THAT MAY APPLY TO THE SERVICE (INCLUDING OUR PRODUCTS), WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES IMPLIED MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF OTHERS REGARDING THE SERVICE (INCLUDING OUR PRODUCTS), AS WELL AS ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.
    3. NO INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE, NOR ANY STATEMENTS MADE BY US, WHETHER BY WORDS OR ACTIONS, SHALL CREATE A WARRANTY.
    4. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  13. LIMITATION OF LIABILITY
    1. IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR DAMAGE TO YOUR DEVICE, ANY LOSS OF DATA, ANY PERSONAL INJURY, ANY DAMAGE TO PROPERTY, OR ANY LOSS ARISING FROM OR OUT OF YOUR USE OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) CONSEQUENTIAL OR IN ANY WAY CONNECTED WITH THE USE OR RELIANCE ON THE SERVICE PERFORMANCE OF THE SERVICE (INCLUDING OUR PRODUCTS) OR THESE TERMS, WHETHER ARISING IN CONTRACT OR TORT, REGARDLESS OF NEGLIGENCE (ACTIVE, AFFIRMATIVE, SINGLE OR CONCURRENT) OF AMIRI, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE, INCLUDING, INCLUDING, THE CONTENT CONTAINED THEREIN, IS TO STOP USING THE SERVICE (INCLUDING OUR PRODUCTS). THIS LIMITATION ALSO APPLIES TO ANY DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH THE SERVICE, OR DISPLAYED IN CONNECTION WITH THE SERVICE OR ANY LINK ON THE SERVICE, AS WELL AS FROM ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICE. THROUGH THE SERVICE OR DISPLAYED AS PART OF THE SERVICE OR ANY LINK ON THE SERVICE. THIS LIMITATION ALSO APPLIES TO ANY DAMAGES INCURRED AS A RESULT OF CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY ON THE SERVICE.
    3. IF THE FOREGOING EXCLUSION OF LIABILITY IS FOUND, IN WHOLE OR IN PART, TO BE INVALID OR UNENFORCEABLE, THEN THE LIABILITY OF THE INDEMNIFIED PARTIES ARISING OUT OF THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, N WILL UNDER NO CIRCUMSTANCES EXCEED THE GREATER OF THE FOLLOWING AMOUNTS: (I) THE TOTAL AMOUNT PAID FOR GOODS PURCHASED THROUGH THE SERVICE IN THE PREVIOUS 30 DAYS, OR (II) ONE HUNDRED DOLLARS (US $100). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF THESE TERMS OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR ACCRUES EXCLUDED FOREVER.
    4. THE LIMITATIONS AND DISCLAIMERS CONTAINED IN THIS SECTION ARE NOT INTENDED TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AMIRI’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON AMIRI'S “GOVERNING LAW” PROVISION SET FORTH BELOW.
    5. IF YOU ARE A CALIFORNIA RESIDENT, YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES: “A GENERAL WAIVER DOES NOT EXTEND TO CLAIMS OF WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT THE EXISTENCE IN HIS FAVOR AT THE TIME OF EXECUTION OF THE RELEASE AND WHICH, IF THEY HAD BEEN BROUGHT TO HIS KNOWLEDGE, WOULD HAVE SIGNIFICANTLY IMPACTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASE PARTY. »
  14. TERMINATION
    1. WE MAY TERMINATE THESE TERMS AND/OR REVOKE YOUR RIGHT TO USE THE SERVICE IMMEDIATELY, WITHOUT NOTICE OR LIABILITY, IF (A) YOU IN ANY WAY VIOLATE THESE TERMS, (B) YOU TERMINATE THESE TERMS THE SERVICE, OR (C) WE ARE UNABLE TO PROVIDE THE SERVICE FOR ANY REASON.
    2. IN ADDITION, WE RESERVE THE RIGHT TO MODIFY, EDIT, SUSPEND, DELETE AND/OR CANCEL ANY PART OF THE SERVICE AND/OR YOUR ACCESS THEREOF AT ANY TIME, WITHOUT REQUIRED TO NOTIFY YOU: (I) IF LAW REQUIRES IT, OR (II) DUE TO AN EVENT BEYOND OUR CONTROL.
    3. UPON TERMINATION OF THESE TERMS, FOR ANY REASON: (X) ALL RIGHTS GRANTED TO YOU UNDER THESE TERMS WILL IMMEDIATELY CEASE, (Y) YOU SHALL IMMEDIATELY CEASE ALL ACTIVITIES PERMITTED BY THESE TERMS ( INCLUDING YOUR USE OF THE SERVICE), AND (Z) YOU ACKNOWLEDGE THAT WE MAY LIMIT YOUR ACCESS TO THE SERVICE. SECTIONS 3, 7 AND 11 THROUGH 18 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS.
  15. COMMUNICATION BETWEEN US
    1. IF YOU WISH TO CONTACT US IN WRITING, OR ANY PROVISION OF THESE TERMS REQUIRES YOU TO SEND US WRITTEN NOTICE, YOU MAY SEND IT TO US AT THE CONTACT INFORMATION SET FORTH IN SECTION 20 ( CONTACT INFORMATION ) AT THE END HEREOF TERMS. IF WE NEED TO CONTACT YOU OR ARE NEEDED TO PROVIDE YOU WITH WRITTEN NOTICE, WE WILL DO SO BY EMAIL OR USING ANY OTHER CONTACT INFORMATION YOU PROVIDE TO US.
  16. APPLICABLE RIGHT
    1. THESE TERMS AND ANY MATTER ARISING OUT OF OR RELATING TO THEM, AND ANY CLAIM, CAUSE OF ACTION, DISPUTE OR DISPUTE ARISING BETWEEN US, WHETHER BASED ON CONTRACT, TORT, LAW, REGULATION OR WILL OTHERWISE BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF CALIFORNIA OF THE UNITED STATES, PURSUANT TO THE FEDERAL ARBITRATION ACT, WITHOUT REGARD TO ANY PRINCIPLE (OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION) OF CONFLICT OF LAWS OR CHOICE OF LAWS. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.
  17. DISPUTE RESOLUTION
    1. USER CONCERNS . MOST USER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE USER'S SATISFACTORY MANNER BY CONTACTING US THROUGH THE MEANS SET FORTH IN SECTION 20 ( CONTACT INFORMATION ) BELOW.
    2. ARBITRATION PROCEDURES . IF YOUR CONCERN CANNOT BE RESOLVED INFORMALLY, YOU AND AMIRI AGREE THAT, EXCEPT AS PROVIDED IN SECTION 17(E) BELOW, ALL DISPUTES (EACH HEREIN HEREIN A “ CLAIM ”), WILL BE RESOLVED FINALLY AND EXCLUSIVELY THROUGH BINDING ARBITRATION, WHICH ARBITRATION MAY BE INITIATED BY EITHER PARTY BY MEANS OF WRITTEN NOTICE SENT TO THE OTHER PARTY REQUIRING ARBITRATION. ANY DECISION TO USE ARBITRATION BY EITHER PARTY WILL BE FINAL AND BINDING ON THE OTHER. THE ARBITRATION WILL BE CONDUCTED UNDER THE JAMS SIMPLIFIED ARBITRATION PROCEDURES AND RULES IN EFFECT AT THE TIME THE ARBITRATION IS INITIATED (THE “ JAMS RULES ”) AND IN ACCORDANCE WITH THE PROVISIONS OF THESE TERMS. IN THE EVENT OF ANY CONFLICT BETWEEN THE PROVISIONS OF THIS SECTION 17 ( DISPUTE RESOLUTION ) AND THE JAMS RULES, THE PROVISIONS OF THIS SECTION SHALL GOVERN AND PREVAIL.

EXCEPT AS OTHERWISE PROVIDED IN SECTION 17(E) BELOW, YOU MAY EXERCISE ANY REMEDIES AVAILABLE TO YOU UNDER FEDERAL, STATE OR LOCAL LAW IN AN ARBITRATION PROCEEDING. IN ARBITRATION, YOU AND AMIRI WILL HAVE THE OPPORTUNITY TO DISCOVER NON-EXCLUSIVE INFORMATION RELEVANT TO THE CLAIM. THE ARBITRATOR SHALL PROVIDE A WRITTEN STATEMENT OF HIS/HER DECISION REGARDING THE CLAIM, THE COMPENSATION AWARDED, AND THE ARBITRATOR'S FINDINGS UPON WHICH HIS DECISION IS BASED. A COURT, AND NOT AN ARBITRATOR, WILL DECIDE WHETHER, PURSUANT TO THE FEDERAL ARBITRATION ACT, A CLAIM SHOULD BE SUBJECT TO ARBITRATION. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, (I) YOU AND AMIRI MAY PROCEED IN COURT TO COMPLY WITH ARBITRATION, SUSPEND PROCEEDINGS PENDING ARBITRATION, OR CONFIRM, MODIFY, VACATE OR REPRESENT A DECISION ON THE AWARD MADE BY THE REFEREE; AND (II) THE ARBITRATOR'S DECISION SHALL BE FINAL, BINDING ON ALL PARTIES, AND ENFORCE IN ANY COURT OF COMPETENT COMPETENCE, PROVIDED THAT ANY AWARD MAY BE CHALLENGED IF THE ARBITRATOR FAILS TO COMPLY WITH APPLICABLE LAW.

IN THE EVENT OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT BY A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR TRIAL, BUT ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN THE RULES THAT APPLY TO COURT PROCEEDINGS. ARBITRAL DECISIONS ARE APPLICABLE IN THE SAME WAY AS COURT ORDERS AND ARE SUBJECT TO VERY LIMITED REVIEW BY THE COURT.

  1. PLACE . THE ARBITRATION WILL TAKE PLACE IN THE CITY AND COUNTY OF LOS ANGELES, CALIFORNIA, UNITED STATES OF AMERICA, UNLESS THE PARTIES AGREE TO APPEAR BY VIDEO, TELEPHONE OR INTERNET.
  2. BOUNDARIES . YOU AND AMIRI AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE CLAIM BETWEEN AMIRI AND YOU INDIVIDUALLY. YOU AND AMIRI AGREE (I) THAT THERE IS NO RIGHT OR POWER FOR ANY DISPUTE TO BE ARBITRATED COLLECTIVELY OR THROUGH A CLASS ACTION; (II) THERE IS NO RIGHT OR POWER FOR ANY LITIGATION TO BE BROUGHT IN A PURPORTED REPRESENTATIVE OR AS A PRIVATE ATTORNEY GENERAL; AND (III) THAT NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
  3. WAIVERS FROM ARBITRATION . YOU AND AMIRI AGREE THAT THE FOLLOWING CLAIMS ARE NOT SUBJECT TO THE FOREGOING PROVISIONS REGARDING BINDING ARBITRATION: (I) ALL DISPUTES EXCLUDED; (II) ANY CLAIM RELATING TO OR CONSEQUENTIAL TO ALLEGATIONS OF THEFT, HACKING, INFRINGEMENT OF PRIVACY, OR UNAUTHORIZED USE; AND (III) ANY REQUEST FOR EQUITABLE COMPENSATION. IN ADDITION TO THE FOREGOING, EACH PARTY MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT REGARDING CLAIMS WITHIN SUCH COURT'S JURISDICTION INSTEAD OF ARBITRATION.
  4. ARBITRATION FEES . IF YOU REQUEST ARBITRATION OF A CLAIM, YOU WILL BE RESPONSIBLE FOR PAYING THE FEES OF INITIATING THE ARBITRATION PROCEEDING. IF WE REQUEST ARBITRATION OF A CLAIM, WE WILL PAY THE COSTS CHARGED BY JAMS FOR INITIATING THE ARBITRATION PROCEEDING. ALL OTHER ARBITRATION FEES AND COSTS WILL BE CHARGED IN ACCORDANCE WITH THE JAMS RULES.
  5. AUTONOMY OF CLAUSES . YOU AND AMIRI AGREE THAT IF ANY PART OF THIS SECTION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE (EXCEPT ANY PART OF SECTION 17(E)), SUCH PART SHALL BE SEVERED AND THE REMAINDER OF THE SECTION WILL REMAIN IN FULL EFFECT . IF SECTION 17(E) IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THEN NEITHER YOU NOR AMIRI WILL ELECT TO SUBMIT TO ARBITRATION ANY CLAIM UNDER SECTION 17(E) FOUND TO BE ILLEGAL OR UNENFORCEABLE AND SUCH CLAIM SHALL BE RESOLVED EXCLUSIVELY. BY A COURT OF COMPETENT COMPETENCE IN THE CITY AND COUNTY OF LOS ANGELES, CALIFORNIA, UNITED STATES OF AMERICA, AND AMIRI AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURT.
  1. IMPORTANT ADDITIONAL CONDITIONS
    1. ASSIGNMENT . THE RIGHTS GRANTED TO YOU UNDER THESE TERMS MAY NOT BE ASSIGNED WITHOUT THE PRIOR WRITTEN AUTHORIZATION OF AMIRI AND ANY ATTEMPTED UNAUTHORIZED ASSIGNMENT BY YOU WILL BE NULL AND Void.
    2. AUTONOMY OF CLAUSES . EXCEPT AS OTHERWISE CONTAINED IN SECTION 17(G), IF ANY PART OF THESE TERMS IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN SUCH PART SHALL BE SEVERED AND THE REST OF THE TERMS WILL REMAIN IN FULL EFFECT.
    3. ATTORNEY FEES . IF A LAWSUIT OR ARBITRATION IS INITIATED BY EITHER PARTY IN CONNECTION WITH THESE TERMS, EXCEPT AS OTHERWISE PROVIDED IN SECTION 17(F), THE SUCCESSFUL PARTY SHALL BE ENTITLED TO RECOVER FROM THE OTHER PARTY ALL REASONABLE COSTS, ATTORNEYS' FEES AND OTHER EXPENSES INCURRED BY SUCH PARTY SUCCEEDING IN ANY LEGAL ACTION RELATING TO THESE TERMS.
    4. NO WAIVER . FAILURE TO ENFORCE ANY PROVISION OF THESE TERMS SHALL IN NO EVENT BE CONSTRUED AS A WAIVER OF SUCH PROVISION, NOR SHALL IN ANY WAY PREFER OUR RIGHT TO APPLY THE SAME PROVISION LATER. AN EXPRESS WAIVER BY AMIRI OF ANY PROVISION, CONDITION OR RULE OF THESE TERMS SHALL NOT BE CONSTRUED AS A WAIVER OF YOUR OBLIGATION TO COMPLY WITH THE SAME PROVISION, CONDITION OR REQUIREMENT LATER.
    5. EQUITABLE REMEDIES . YOU ACKNOWLEDGE AND AGREE THAT AMIRI WOULD SUFFER IRREPARABLE DAMAGE IF THE PROVISIONS OF THESE TERMS WERE NOT SPECIFICALLY ENFORCED AND, THEREFORE, YOU AGREE THAT WE SHALL BE ENTITLED, WITHOUT OBLIGATION OR OTHER GUARANTEE, OR PROOF OF DAMAGES, TO EQUITABLE REMEDIES APPROPRIATE REMEDIES WITH RESPECT TO ANY VIOLATION OF THESE TERMS, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE TO US UNDER APPLICABLE LAW.
    6. ENTIRE AGREEMENT . THESE TERMS, INCLUDING THE DOCUMENTS REFERENCED HEREIN, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN AMIRI AND YOU REGARDING THE SERVICE AND REPLACE ALL PREVIOUS AGREEMENTS BETWEEN AMIRI AND YOU REGARDING THE SERVICE.
    7. TRANSFER . WE MAY TRANSFER OUR RIGHTS AND OBLIGATIONS UNDER THESE TERMS TO ANOTHER COMPANY WITHOUT AFFECTING YOUR RIGHTS OR OBLIGATIONS UNDER THESE TERMS.
  2. CHANGES TO THESE TERMS
    1. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY THESE TERMS AT ANY TIME. IF APPLICABLE, WE WILL NOTIFY YOU OF MATERIAL CHANGES TO THESE TERMS WHEN YOU NEXT LOG IN TO THE SERVICE (WE MAY ALSO SEND YOU AN EMAIL REGARDING SUCH CHANGES). WE RESERVE THE RIGHT, AT ANY TIME, AND PERIODICALLY, TO MODIFY OR SUSPEND, TEMPORARILY OR PERMANENTLY, THE SERVICE (OR ANY PART OF THE SERVICE) WITH OR WITHOUT NOTICE.
  3. CONTACT DETAILS
    1. IF YOU HAVE ANY QUESTIONS OR COMMENTS ABOUT THE SERVICE, OR THESE TERMS, PLEASE CONTACT US AT: SUPPORT@AMIRI.COM .