TERMS OF SERVICE
Welcome to the iface.io ("iface LLC") service located at www.iface.io, or accessible as a separate software on your computer, add-on to a browser, or otherwise (the "Site"). These Terms of Service (the "Terms") constitute a binding contract between you and iface ("Company," "we" or "us") and governs the access or use by you, from within the United States and its territories and possessions, of applications, websites, content, products, and services (together with the Site, the "Services") made available in the by iface.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE.
You represent and warrant that you are of legal age to form a binding contract. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).
We reserve the right at any time, with or without cause, to: change the terms and conditions of this Agreement;
change our Site or the Services, including eliminating or discontinuing any content, services or other feature of our Services; or deny or terminate your use of and/or access to the Services.
Any changes we make will be effective immediately upon our making such changes available on our website or otherwise providing notice thereof. You agree that your continued use of the Platform after such changes constitutes your acceptance of such changes.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND IFACE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 "DISPUTE RESOLUTION FOR CONSUMERS" BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
2. Who May Use The Services
(b) Registration and Your Information: If you want to use certain features of the Services you'll have to create an Account. You can do this via the Site or we may provide access through your account with certain third-party services such as Gmail (each, an "SNS Account"). If you choose the SNS Account option we'll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
4. Third-Party Services
The Services enable linking between various online third-party services such as third party email, cloud storage, social, and similar services ("Third-Party Services"). To take advantage of these features and capabilities, you may be required to authenticate, register for, or log into Third-Party Services through the Service or on the websites of their respective providers. By linking your account on the Service to your account on a Third Party Service, you are authorizing iface as your agent to access your Third Party Service account (and any information, content, materials, and features included therein) ("Accessed Content") and use such Third Party Service (with read and write privileges) on your behalf for the purpose of integrating your experience on the Service with such Third Party Service. Your use of the Third Party Services is governed solely by the agreement between you and the provider of such Third Party Service, and the Third Party Services provider is solely responsible for such Third Party Service.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet (including without limitation Third-Party Services). iface has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that iface will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that iface is not liable for any loss or claim that you may have against any such third party.
The Services may include certain services that are available via a mobile device, including:
(i) the ability to upload content to the Services via a mobile device;
(ii) the ability to browse the Services and the Site from a mobile device, and
(iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services").
To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Gmail :(a) The Services will only use access to read, write, modify or control Gmail message bodies (including attachments), metadata, headers, and settings to provide a web email client that allows users to compose, send, read, and process emails and will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
(b) The Services will not use this Gmail data for serving advertisements.
(c) The Services will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for the App's internal operations and even then only when the data have been aggregated and anonymized.
iface may make certain limited portions of the Services available for free. However, much of iface's Services shall require payment of a fee on a subscription basis ("Subscription"). iface may also provide portions of the additional Services that are made available to those who purchase Subscriptions without payment for a trial period, but your ability to access those Services will be terminated at the end of such trial period. At any time during the trial and thereafter, you may purchase a Subscription.
If you choose to subscribe to paid Services, you agree to pay the fees ("Fees") as quoted to you when you purchase those Services. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Services (for example, data charges and currency exchange settlements). You will pay the Fees in the currency iface quoted at the time of purchase. We reserve the right to change the eligible currencies or our price at any time.
However, if we have offered a specific duration and Fee for your use of the Services, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Services will be charged at the then-current Fee(s). If you do not agree to these changes, you must stop using the Services and cancel your Subscription. You may cancel by sending an email to email@example.com or selecting the cancel subscription option in your account. If you cancel, your right to use the Services will continue until the end of your then current subscription period and will then terminate without further charges; however, you will not receive a refund for any unused Services. If you do not cancel in accordance with these Terms, the subscription for the Services will automatically renew at the then-current price and for the same subscription period. We will charge your credit card on file with us on the first day of the renewal of the subscription period.
If you select paid Services, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. We may bill:
(a) in advance;
(b) at the time of purchase;
(c) shortly after purchase; or
(d) if you have elected a subscription service, on a recurring basis. To the extent iface has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Subscription and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.
But if something unexpected happens in the course of completing a transaction for a Subscription, we reserve the right to cancel said transaction for any reason and refund any portion of said transaction already paid by you.
7. Subscription Period
You may elect one of the following subscription plans and billing options (please note that there might be only one of these options available depending on the Service purchased):
(a) A monthly subscription plan ("Monthly Subscription Plan"): The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew unless you cancel your Monthly Subscription Plan prior to the renewal date.You will be billed on or about the same day each month until such time that you cancel.
(b) An annual subscription plan ("Annual Subscription Plan"): The subscription period for the Annual Subscription Plan will be for one year and will automatically renew each year on the anniversary unless you cancel prior to your renewal date. You will be billed annually on or about the same day each year until such time that you cancel. Note that under the Annual Subscription Plan you will not be permitted to cancel, reduce the number of seats, or downgrade the Service you have selected until the anniversary date. Be aware that you are committing to a one-year plan; if you are not certain, we recommend choosing the Monthly Subscription Plan.
8. Content And Content Rights
For purposes of these Terms:
(i) "Content" means software, text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and
(ii) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. User Content does not include, however, Accessed Content. Accessed Content shall not be stored by iface, and includes content and information accessed through Third Party Services, such as emails, contacts, drives, calendar, (as accessed through iface's Mail, Contacts, Drive, and Calendar functions, respectively) and other information associated with the Third Party Services linked to iface (such as your SNS Account).
9. Content Ownership, Responsibility And Removal
iface does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, iface and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
(a) Rights in User Content Granted by You: By making any User Content available through the Services you hereby grant to iface a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, and distribute your User Content in connection with operating and providing the Services and Content to you.
(b) Responsibility for User Content: You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by iface on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(c) Removal of User Content: You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(d) Rights in Content Granted by iface: Subject to your compliance with these Terms, iface grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
(e) Rights in Accessed Content Granted by User: By linking an email or other account with iface, you grant iface the right to access the accounts data as necessary for providing you the Services. Such Accessed Content shall not be stored with iface absent explicit action on your part adding such Accessed Content to iface's Services (such as by inputting or copying information from your Accessed Content into iface's Leads, People, Companies, Deals, Projects, Tasks, or other functions).
(f) Content Responsibilities and Restrictions: You are solely responsible for the Content that you post, upload, or otherwise place or cause to be placed on the Services ("post"). You may not post on the Services, or transmit to iface or any other user or third party, any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that;
(i) all information that you submit upon creation of your account, including information submitted from any associated account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and
(ii) you have the right to post the Content on the Services and grant the licenses set forth above.
You understand and agree that iface may, but is not obligated to, monitor or review any Content you post on the Services. iface may delete any Content, in whole or in part, that in the sole judgment of iface violates these Terms or may harm the reputation of the Services or iface. Such Content may also be suspended if reported by other users.
In addition to the types of Content described in this Section above, the following is a partial list of the kind of Content that is prohibited on the Services. You may not post, upload, display or otherwise make available Content that:
(a) that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) advocates harassment or intimidation of another person;
(c) involves the transmission of "junk mail,"chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
(d) promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
(e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
(f) contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
(g) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(h) provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
(i) provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;
(j) contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
(k) impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
(l) provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
(m) disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users' ability to engage in real time exchanges;
(n) solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person's personal information without his or her permission; and
(o) publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
(p) iface reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.
Your use of the Services, including all Content you post on the Services, must comply with all applicable laws and regulations. You agree that iface may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:
(i) comply with legal process;
(ii) enforce this Agreement;
(iii) respond to claims that any Content violates the rights of third parties;
(iv) respond to your requests for customer service or allow you to use the Services in the future; or
(v) protect the rights, property or safety of iface or any other person.You agree that any Content you place on the Services may be viewed by other users and may be viewed by any person visiting or using the Services.
10. General Prohibitions And iface's Enforcement Rights.
You agree not to do any of the following with respect to your use of the Services:
(a) Post, upload, publish, store, submit or transmit any Content that violates Section 9 above;
(b) Use, display, mirror or frame the Services or any individual element within the Services, iface's name, any iface trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without iface's express written consent;
(c) Access, tamper with, or use non-public areas of the Services, iface's computer systems, or the technical delivery systems of iface's providers;
(d) Attempt to probe, scan or test the vulnerability of any iface system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by iface or any of iface's providers or any other third party (including another user) to protect the Services or Content;
(f) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by iface or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use any meta tags or other hidden text or metadata utilizing a iface trademark, logo URL or product name without iface's express written consent;
(i) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(n) Impersonate or misrepresent your affiliation with any person or entity;
(o) Violate any applicable law or regulation; or
(p) Encourage or enable any other individual to do any of the foregoing.
Although we're not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
11. Links To Third Party Websites Or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. We reserve the right to and may delete User Content from the Services upon cancellation or termination of the Terms. This information cannot be recovered once your Account is cancelled or terminated. Upon any termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Please note that these Services are provided subject to our ability to access the Accessed Content via your email or other account connected to our Services. In the event such third party service terminates our access, we shall not issue any refund with respect to the terminated or inaccessible portion of the Services, but will continue to provide you access to all other Services. We will, however, endeavor to provide you with replacement services to restore your access.
13. Representations, Warranty And Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IFACE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, IFACE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY ITEMS RESERVED THROUGH THE USE OF THE SERVICES, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. IFACE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR AVAILABILITY OF ITEMS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE, AND ANY ITEMS RESERVEDIN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
IFACE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF IFACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
(i) YOUR USE OF OR RELIANCE ON THE SERVICES OR
(ii) YOUR INABILITY TO ACCESS OR USE THE SERVICES. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IFACE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE LESSER OF ONE HUNDRED U.S. DOLLARS (US $300) OR THE AMOUNT OF MONEY PAID FOR THE SERVICES SUBJECT TO DISPUTE.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 13 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:
(a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or
(b) fraudulent misrepresentation; or
(c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXISTS IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You will indemnify and hold harmless iface and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with
(i) your access to or use of the Services or Content,
(ii) your User Content, or
(iii) your violation of these Terms.
15. Limitation Of Liability
(a) NEITHER IFACE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IFACE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IN NO EVENT WILL IFACE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO IFACE FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO IFACE, AS APPLICABLE.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IFACE AND YOU.
16. Governing Law And Forum Choice
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Virginia, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 "Dispute Resolution for Consumers," the exclusive jurisdiction for all Disputes (defined below) that you and iface are not required to arbitrate will be the state and federal courts located in the State of Delaware, and you and iface each waive any objection to jurisdiction and venue in such courts.
17. Dispute Resolution For Consumers
(a) Mandatory Arbitration of Disputes: We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
(b) Exceptions and Opt-out: As limited exceptions to subsection (a) above:
(i) you may seek to resolve a Dispute in small claims court If it qualifies; and
(ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at email@example.com or by regular mail at firstname.lastname@example.org within thirty (30) days following the date you first agree to these Terms.
(c) Starting Arbitration: If you want to begin arbitrating a Dispute, you must send a letter to us at the following address iface LLC, 44110 Ashburn Village Blvd, Ashburn Village Suites, Suite 223 Ashburn, VA 20147 requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we'll send such a letter to you at the email address or street address that you provided.
(d) Conducting Arbitration and Arbitration Rules: The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
(e) Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
We'll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
(f) Effect of Changes on Arbitration: Notwithstanding the provisions of Section 3 "Changes to Terms or Services" above, if iface changes any of the terms of this Section 17 "Dispute Resolution" after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.iface.io) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of iface's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and iface in accordance with the terms of this Section 17 "Dispute Resolution" as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
18. General Terms
(a) Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between iface and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between iface and you regarding the Services and Content. If we execute a written Order Form with you for the provision of Services or a Subscription ("Order Form"), the terms of the Order Form will take precedence over any terms of the Terms that conflict with the terms of the Order Form. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without iface's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. iface may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Notices: Any notices or other communications provided by iface under these Terms, including those regarding modifications to these Terms, will be given:
(i) via email; or
(ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights: iface's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of iface. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact iface at email@example.com