IF YOU ACCEPT THIS A GREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUD ING ALL YOUR EXISTING PLANS. YOU R ACCEPTANCE OF THESE TERMS & CON DITIONS WILL BE IMPLIED BY THE USE OF THE “OMEGA SOFTWARE SOLUTIONS” SERVICE.
Software, Materials, Service s and other related information are collectively referred to as “Content.”
“You” or “you”
“You” means you individually, any person, including any employer that you are acting on behalf of.
“Omega Software Solutions Certified Technician(s)”
“Omega Software Solutions Certified Technician means” technicians and specialists certified by Omega Software Solutions to perform the Services under this Agreement.
“Subscription Based Plans”
“Subscription Based Plans” or “Subscription(s)” are tenured Subscription plans offered by Omega Software Solutions that are active for a specified period and will not include any incident based plans such as “Per Incident Plan” or the like.
“Omega Software Solutions Websites”
Omega Software Solutions Websites includes www.omegasoftwaresolution.com, or any other owned, operated, licensed or controlled by Omega Software Solutions LLC.
“Materials” means any web casts download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Omega Software Solutions Websites are the proprietary and copyrighted work of Omega Software Solutions and/or its suppliers. The definition of “Materials” does not include the design or layout of the Omega Software Solutions web site or any other Omega Software Solutions owned, operated, licensed or controlled website.
“Software” means a computer program of any kind, whether owned by Omega Software Solutions or a third party, whether delivered via download, CD, other media, or other delivery method, including client and /or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both Omega Software Solutions and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”).
“Submission of Plan Orders; Service Plans”
You may order Services by submitting Plan Orders through the Omega Software Solutions Websites or by calling Omega Software Solutions. Once Omega Software Solutions accepts the Plan Order submitted by you, then you will receive an email from Omega Software Solutions at the email address that you provide or have provided to Omega Software Solutions as part of the Registration Process for the Services. Omega Software Solutions is not responsible for rendering Services in connection with a Plan Order that it has not accepted. Upon acceptance by Omega Software Solutions of a Plan Order, you will have a Service Plan.
Services against any Plan Order will be available once you have made payment for Services according to the requirement s of the corresponding Plan Order. Omega Sofware Solutions has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made. You understand that certain Service Plans may have fee including, but not limited to “Service Fee” and/or “Activation Fee” payable either on an annual basis (“Annual Paym ent Plan”) or on a monthly basis (“Recurring Payment Plan”). Subject to the applicable Term Plan, all payments under the Annual Plan shall be made upfront at time of commen cement of the subscription cycle. For pa yments under the Recurring Payment Plan, apar t from the monthly instalments of the Service Fee, payable over a one (1) year payment term, you may be charged an additional nonrefundable Activation Fee at the time of registration, as specified in the Plan Order. The fee (in cluding Activation Fee) will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order. All fee under this clause or a relevant Plan Order, is pay able at the time of commencement of the Service Plan.
When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a term of one, two or three years (“Term Plan”). All terms of Service Fee and/or any other fee payable under a ny mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other Omega Software Solutions services (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you sig ned up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the Ter m Plan expires; (2) you drop one of the Omega Software Solutions services you were required to purchase to receive the special rate as notifie d to Omega Software Solutions; or (3) You termina te the agreement/Service Plan before the expiry of the relevant term.
Credit Card Billing
You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Omega Software Solutions to charge and/or place a hold on your cr edit card with respect to any unpaid charges for Services or any related equipment. You autho rize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts descri bed herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Omega Software Solutions and/or any other company who bills products or service s, or acts as billing agent for Omega Software Solutions to continue to attempt to charge and/o r place holds with respect to all sums described here in, or any portion there of, to your credit card until such amounts are paid in full. You agree to provide Omega Software Solutions with updated credit card information upon Omega Software Solutions’s request and any time t he information you previously provided is no longer valid. You acknowledge and agree that neither Omega Software Solutions nor any Core Software Solution affiliated company will have any liability whatsoever for any nonsuffi cient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a cred it card number, you authorize all charges de scribed herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enrol, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Omega Software Solutions option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we may, at our discretion, charge you an additional $15.00.
You acknowledge, that by authorizing Omega Software Solutions to charge Your credit card for Your Subscription Service, You further authorize Omega Software Solutions to continue to charge Your credit card (or a replacement card, if the credit issuing entity informs Omega Software Solutions that a replacement card has been issued) for all fees associated with a Recurring Subscription Serv ice, including renewals. You must cont act Omega Software Solutions if you do not wish to renew Your Recurring Subscription Ser vice; if you do not contact Omega Software Solutions, the Recurring Subscription Service that You selected will automatically renew for the same subscription duration that You initially selected, at Omega Software Solutions’s then applicable fees.
A subscription under the 1year or 2year or 3year Annual Maintenance Plan does not automatically renew and ends at the end of the applicable period.
For subscription based plans, a full refund will be issued if Omega Software Solutions has not been able to resolve even a si ngle issue for you within the first 30 days of the subscription. If there are one or more res olved issues, the fees for the Subscription Service will not be refundable.
Not with standing this Omega Software Solutions may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charge s for servicing the Customer.
For incident based plans, you will be eligible for refund when any of the following criterions are met:
You have all the prerequisites which were required to resolve the problem Issue was not resolved until the time account was active.
30 days have not passed after the issue was last worked upon by a Omega Software Solutions technician
Personal and NonCommercial Use Limitation
Unless otherwise specified, the Services, Materials and Software are solely for your personal and non- commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
No Unlawful or Prohibited Use
You may not obtain or attemp t to obtain any Omega Software Solutions Websites, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
Fair Usage Policy; Suspension or Termination of Subscription:
Though Omega Software Solutions has no limits on the amount of online requests a Subscription based plan user may make during the subscription period, however, each Subscriber’s use of the services for the subscription based plans are subject to Omega Software Solutions “fair use ” policy. Under this policy, if at any time, in Omega Software Solutions sole discretion, a subscription based plan user is found to be ab using the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, and then Omega Software Solutions reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, Omega Software Solutions reserves the right
Omega Software Solutions, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to Omega Software Solutions; provided, however, Service.Linking You may not create hyperlinks to any portion of the Omega Software Solutions Websites, nor any Materials or Software posted there in.
Limited Licenses to Use the Omega Software Solutions Websites, Materials and Software
As permitted through a Service, you may use Materials and Software posted on the Omega Software Solutions Websites, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
General License Restrictions
Any other use of the Omega Software Solutions Websites, Services, Material s or Software, other than as explicitly permitted b y Omega Software Solutions is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Omega Software Solutions and its suppliers. Reverse engineering and recompilation of the Software is strictly prohibited.
User Responsibility In connection with obtaining Services, you agree that you will:
Basic Responsibilities: You agree that you are a legal license holder of the software on your personal computer and your use of the Services and the internet is solely at your own risk. By electing to receive th e Services, You confirm that You (a) have full access to Your hardware and software that are the basis of the problem, and (b) have co mpleted a backup onto separate media of any software or data on the hardware that may be impacted by the Services. All information that you provide to Omega Software Solutions is accurate, including your name and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to Omega Software Solutions.
Liability Release: To the extent permitted by applicable law, Omega Software Solutions will have no liability for loss of or recovery of data, programs, or loss of u se of systems(s) or networks arising out of the S ervices or any act or omission, including negligence, by Omega Software Solutions and/or its representatives. If Omega Software Solutions works with you on any password or other access control oriented problems, Omega Software Solutions strongly recommends that you reset s uch passwords(s) immediately following the completion of the Services.
Transfer: The SubscriptionBasedServices are only transferable once during the subscription period from one computer to another provided it is owned by you. You may not use the Services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by you.
Data Backup: Omega Software Solutions does not provide data backup or restoration services. You are solely responsible for maintaining and backing up all information, data, text or other materials (collectively “customer data”) and software stored on your co mputer and storage media before ordering the services. You acknowledge and agree that Omega Software Solutions or its referral partners have no responsibility or liability under any circum stance at any time for any loss or corruption of customer data, software or hardware that m ay arise out of the services. Omega Software Solutions does not provide backup copies or sup port installation of unlicensed software to cust omers. Please ensure that you have a licensed copy of all necessary software.
Cooperate with the Omega Software Solutions Technician: We will use commercially reasonable efforts to provide the to you. Our experience shows t hat most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:
The situation giving rise to the question is, reproducible on a single syst em, i.e., one central processing unit with its workstations and other peripherals;
You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances su rrounding the incident;
The full system, including software and hardware, is available to you and accessible by you without limit during any discu ssions with Omega Software Solutions personnel.
Availability of Services and Materials under Force Majeure Circumstances
You hereby acknowledge that circumstances outside of Omega Software Solutions reasonable control (e.g., acts of God, a la rge scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil di sorder, and acts of terrorism, fires, floods, v andalism, sabotage, acts of third parties, or the like) may cause significant delays in Omega Software Solutions ability to schedule a session. You hereby release Omega Software Solutions from any and all liability, and agree that Omega Software Solutions shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Omega Software Solutions or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
Exclusions from “Services”
“Services” shall not include th e following:
Any item or activity not covered by the terms of a Plan Order; Service beyond the duration limitations identified in your Plan Order;
Problem diagnosis that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
Software, including the op erating system and software added to the registered hardware products which are out of scope for the Service Plan;
Problems that may and do result from:
- External causes such as accident, abuse, misuse, or problems with electrical power; o Usage that is not in accorda nce with product instructions provided by manufacture.
- Failure to follow the prod ct instructions provided by manufacture or failure to perform preventive maintenance.
- Problems caused by usin g accessories, parts, or components not c mpatible with the product.
- Non Compliance with the Omega Software Solutions technician instructio ns for resolving the query.
- Malfunction of hardware such as printer, powersupply, memory, processor, monitor or any other such hardware components.
Notice Specific to Materials and Software Available on the Omega Software Solutions Websites, or Through a Service For your convenience, Omega Software Solutions may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is go verned by the more stringent of (a) the terms of the end user license agreement (“EUL A”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may r esult in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any Omega Software Solutions Web site may be copied or retransmitted unless expressly permitted by Omega Software Solutions.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPROD UCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTH ER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR R EDISTRIBUTION IS EXPRESSLY PERMITT ED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
End User License Agreemen ts (Eula) – Generally
Inconnection with our Servic e, we may provide to you, the use of certai n software which is owned by Omega Software Solutions or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from Omega Software Solutions or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
Eula for Omega Software Solutions Software
With regard to any Software made available to you by Omega Software Solutions through the Omega Software Solutions Web sites for which your acceptance of a separate license agreement is not required (“Omega Software Solutions Software”), you are hereby g ranted a revocable, nonexclusive, non- transferable license by Omega Software Solutions to use the Omega Software Solutions Software (and any corrections, updates and upgrades). In acco rdance with and as required under the Service Pl an you shall not make any copies of the Omega Software Solutions Software. You agree that t he Omega Software Solutions Software is the confidential and proprietary information of C ore Software Solution or its third party licensors, providers or suppliers, and which you sh all not disclose to others or use except as expressly permitted herein. You may not decompile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Omega Software Solutions Software, or otherwise reduce the Omega Software Solutions Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, repro duce, sublicense or distribute copies of the Softw are, or otherwise transfer the Omega Software Solutions Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not grante d any title or rights of ownership in the Omega Software Solutions Software. You acknowledge that this license is not a sale of intellectual property and that Omega Software Solutions or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to th e Omega Software Solutions Software and related documentation, as well as any corrections, updates and upgrades. The Omega Software Solutions Software may be used only in the country of residence at the time of acceptance of these terms for use of the Omega Software Solutions Soft ware. Export of the Omega Software Solutions Software is strictly prohibited.
Third Party Products
As part of the Services, Omega Software Solutions may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party S oftware. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Cor e Software Solution assists you in the acquisition, installation, and/or use of Third Party Software. Omega Software Solutions has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software. Your license to the Omega Software Solutions Software shall remain in full force and effect unless and until terminated by Omega Software Solutions, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Ser vice Plan for any reason, you must cease all use of the Service Plan and the Omega Software Solutions Software and immediately delete the Omega Software Solutions Software from your computer. To the extent that we provide technical assistance and for Third Party Soft ware or equipment, you must ensure that yo u comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no repre sentation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such and if so, to acquire such rights. You acknowledge that of Third Party Software or equipment an unauthorized service provider may void an y warranty made by the supplier of such Third Party Software or equipment.
Third Party Agreements
As part of the Services, Omega Software Solutions may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical Websites, training, music, gaming and storage services that Omega Software Solutions may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Omega Software Solutions sole discretion, result in the termination of your customer account and use of service.
Limited Service Warranty
OMEGA SOFTWARE SOLUTIONS DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND T HE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THATT YOU ARE NOT SATISFIED WITH THE SE RVICES, YOUR SOLE REMEDY IS TO ( A) ALLOW OMEGA SUBJECT TO DISPUTE,
(B) REDOWNLOAD AND REINSTALL THE SOFTWARE. SOME OF THE Omega Software Solutions SERVICE PLANS COME WITH A 7 DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTAT ION FOR THOSE SPECIFIC PLANS. THIS 7 DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE T ERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT Omega Software Solutions AND/OR ITS RESPECTIVE SUPPLI ERS MAKE NO REPRESENTATIONS AB OUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SE RVICES, MATERIALS OR THE SOFTWWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE AR E PROVIDED “AS IS” WITHOUT WARRANT Y OF ANY KIND WHATSOEVER. C ORE SOFTWARE SOLUTION AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STAT UTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRI NGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACC URACIES OR TYPOGRAPHICAL ERRO RS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Omega Software Solutions AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT A NY TIME. IN NO EVENT SHALL Omega Software Solutions AND/OR IT S RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PR OFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ARISING OUT OF OR IN CONNECTIO N WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWAR E, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
Limitation of Liability
Notwithstanding anything to the contrary in no event shall Omega Software Solutions be liable to you in excess of the amou nts actually paid by you to Omega Software Solutions under the Plan Order that is the subject of the dispute.
Limitations on Actions
Any cause of action by you must be commenced within 3 months after the cause of action arose or it shall be forever waived and barred.
Term and Termination
Omega Software Solutions at its sole election may terminate or susp end your Service immediately without notice if, in the sole discretion of Omega Software Solutions: (a) you are in breach of any of the Terms an d Conditions (including but not limited to all policies regarding abuse and acceptable use of t he Service) or any license for Third Party Sof tware; (b) your use of the Service is prohibited by law or is disruptive to, adversely im pacts or causes a malfunction to the Service, Omega Software Solutions network, or the use and enjoyment of Omega Software Solutions other users; (c) Omega Software Solutions receiv s an order from a court to terminate the Service you are availing ; (d) if Omega Software Solutions for any reason ceases to offer the Service; (e) if you are no longer a Omega Software Solutions customer, or (f) Omega Software Solutions deter mines that you are abusing the Service. Omega Software Solutions, in its sole discretion, may refuse to accept your request for the Service, renewal or resubscription following a term ination or suspension of your use of the Service.
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions con tained in the Terms of Service shall remain in full force and effect. Omega Software Solutions failure to enforce any provision of the Terms o f Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The Omega Software Solutions Websites is available internationally and may contain references to Omega Software Solutions products, services, and programs that are not available in a viewer’s country. These references do not imply that Omega Software Solutions intends to make such products, services, or pro grams available in such country.”
Omega Software Solutions reserves the right to amend the Terms and Condition, and the Omega Software Solutions Websites at any time by (a) posting a revised version of the Terms and Conditions on t he Omega Software Solutions Websites (https://omegasoftwaresolution.com/), or by (b) sending inform ation regarding any amendment to the Terms of Service to the email address you provide to Omega Software Solutions in connection with re gistration. You are responsible for regularly reviewing the Omega Software Solutions website to be notified of any amendments to the Terms and Conditions.
ARBITRATION AND CLASS ACTION WAIVER Arbitration
The Terms will be governe d by the laws of the State of Connecticut, United States of America. The Terms are the entire agreement between You and Omega Software Solut ions relating to the Services and : (i) supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) Prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between th parties. The Terms shall terminate immediately upon your breach of any term contained here in and you shall cease use of the Services. The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination. Before you take a dispute to arbitration or to small claims c ourt, you must first contact us by writing us and describing (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought (“Demand”) and give us an opportunity to resolve the dispute.
Class Action Waiver
The Parties hereby expressly agree that any Claim must be brought in th e respective party’s individual capacity, and not as a plaintiff or class member in any purport ed class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability t o maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
THE PARTIES UNDERST AND THAT THEY WOULD HAVE HA D A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PA RTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUG H ARBITRATION. THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN T HIS AGREEMENT.
Should you have any questions concerning the Terms, Solution for any reason, please write to: