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REZ, LLC
PRIVACY POLICY
Last revision September ___, 2024
PRIVACY POLICY
Last revision September ___, 2024
1. Application of this policy
This Privacy Policy applies to your use of our Service. Our “Service” includes our scheduling service and platform that we provide to facilities, coaches and other fitness service providers, our website (www.rez.com), or our mobile application.
In this Privacy Policy, “we”, “us” and “our” means Rez, LLC.
2. Legally binding agreement
By registering for use of our platform or otherwise accessing or using the Service, you agree and intend to be legally bound by this Privacy Policy, including any changes that may be posted on the Service from time to time.
You should not use the Service if you have any objections to any of these practices or terms.
3. Data security obligations
We utilize systems infrastructure for hosting and security of the Service, such as third-party cloud servers, that is consistent with commercially reasonable practices for comparable companies in the United States. Since we don’t control them, we have no responsibility or liability for third-party software, facilities, servers, systems or other products, equipment or services, even if they are utilized for our provision of the Service. This includes any accidental, unauthorized or unlawful use, access, disclosure, modification or loss of your information, including any personally identifying information.
We have implemented technical and administrative safeguards to manage your personally identifying information that are designed to protect against unauthorized access to, or disclosure or use of, your information by our employees and contractors and against reasonably anticipated third party threats to the security of your information.
We will report to you any unauthorized access to, or disclosure or use of, your information.
4. Data privacy obligations and lawful basis of processing
We will endeavor tokeep your personal information private, as provided in this Privacy Policy.
We collect and process your personal information either with your consent, as provided in this Privacy Policy, or to fulfill our legitimate interest in conducting our business, including for the purposes described in item 6 below.
5. Collection of your information
1. You provide us with your personal information when you use the Service. When you “sign up” or create an account on the Service, you provide us with information about you. At a minimum, this includes your email address and a password. It may also include your age, residence address and other information about you. This is information that can be uniquely identified with you or provide access to your account. You may also provide us with additional personally identifiable information through your use of the Service, such as comments you may leave in public areas of the Service or your communications with us.
2. You consent to the provider’s sharing of your personal information. Thefacilities, coaches and other fitness service providers who utilize our paltform may provide us with personal information about you that they collect. You consent to the provider’s sharing of this information with us and our receipt and, subject to this Privacy Policy, use of your information.
3. You acknowledge that we may collect your usage data. We may also automatically collect non-personal data about your interactions with our Service, such as your IP address, the pages visited, visit duration, links clicked, and browsing patterns. This information helps us analyze trends, administer the Service, and improve our services. This information does not identify or track you personally.
4. You permit us to use automatic data collection technologies, such as “cookies”. We may use cookies and similar tracking technologies to track activity on our Service and maintain certain information. Cookies are files with a small amount of data that may include anonymous unique identifiers. Cookies created on your computer or device by using the Service do not contain personal information and do not compromise your privacy or security. You have the option to accept or refuse cookies. However, if you choose to refuse cookies, you may not be able to use some features of our Service.
6. Disclosure and use of your information
1. We do not use or share your personally identifying information, except for very specific purposes. These purposes include:
To provide or administer the Service to our fitness providers or to you and other users of the Service
To work with our third-party service providers in connection with the Service, such as our providers of cloud servers, content providers, payment processors, SMS platform providers, or mail/e-mail administrators
To communicate with you and to facilitate fitness provider communication with you (you expressly consent to our sharing of your information with the providers for this purpose and to their communications with you, including, among other things, via SMS)
To respond to legal requests, including pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law, to cooperate with law enforcement or other governmental authorities, or otherwise in accordance with applicable law
To enforce our terms of service or legal rights we may have
To facilitate a sale or change of control of our business or the Service, subject to this Privacy Policy or an equivalent privacy policy of the successor
To transact bookings, purchases, process payments, and for any related services
To fulfill your requests or otherwise with your consent
2. However, we may disclose or use information that is not personally identifying. So long as this information has been disconnected from your unique personally identifiable information, we may disclose or use it without limitations or restrictions, for any purpose, even after you delete your account. This includes aggregated information about users of the Service that may include your information, including for producing market research.
7. Certain rights you have
1. General. You have the right to request that:
We tell you what personal information is being collected about you
We tell you whether your personal information is sold or disclosed and to whom
We provide you with access to your personal information
We rectify or correct your personal information
We delete or erase your personal information
We restrict processing of your personal information, including providing it to any third parties
You also have the right to say no to the sale of your personal information and to lodge a complaint with the appropriate supervisory authority in your country of residence, if any. The foregoing rights may be subject to certain limitations pursuant to applicable law.
2. Your California Privacy Rights. The California Consumer Privacy Act permits users of the Service that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email or write to us at the address below. All requests must be labeled “Your California Privacy Rights” on the email subject line or envelope or postcard. For all requests, please clearly state that the request is related to “Your California Privacy Rights” and include your name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (i.e., email or postal mail). We will not accept requests via the telephone or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
3. Users Outside of the United States. If you are accessing the Service from a location outside of the United States, your connection will be through and to servers located in the United States. All information you receive from the Service may be created on servers located in the United States, and all information you provide may be maintained on web servers and systems located within the United States. The data protection laws in the United States and other countries might not be the same as those in your country. By using the Service or submitting information to us, you specifically consent to the transfer of your information to the United States and to the facilities and servers we use and to those with whom we may share your information.
4. Access and Correction. If you wish to review or correct any of your personal information that we collect or store, please send an email or write to us at the address below. Your right to access or correct personal information may be subject to certain legal restrictions, including information that references other individuals or confidential commercial information. We may require you to provide additional information in order for us to process your request. Upon verification, we will provide you with access to your personal information within thirty (30) days.
5. You may opt out of certain communications. We may communicate electronically and such communications are equivalent to communications in writing and have the same force and effect as if they were in writing and signed by the party sending the communication. You may cancel text message notifications at any time. If you do not want us to use your information to communicate with you, you can opt out by notifying us of your intent to unsubscribe from such communications either by clicking the “unsubscribe” link contained the communication or contacting us at the address below.
6. You may change or remove your profile information at any time through the Service. When we delete your account, this means we delete all personally identifying information, but we do NOT delete information that is not personally identifying. By using the Service, you agree that we may keep this information permanently. Even after you remove information from your profile or delete your account, copies of that information may remain viewable on the Service and elsewhere to the extent it has been shared publicly or with others. Additionally, we may retain certain information to prevent identity theft and other misconduct even if deletion has been requested. We may retain backup copies of removed and deleted information and may use such information for the purposes described in and in accordance with this Privacy Policy.
7. Our contact information. You should contact us as provided in this item 7, or to report any security violations or any violations of this Privacy Policy or any questions or concerns regarding this Privacy Policy, at:
Email: info@rez.com
Address: ______________
8. YOU WILL HAVE LIMITED LEGAL RIGHTS AGAINST US.
Except for our gross negligence that results in a breach of this Privacy Policy, you agree that in no event will we be liable or responsible to you for, and you waive any rights you may have to, any Damages (defined below) from us. Moreover, our liability will be limited as provided in item 11 below. This includes Damages arising out of (i) any breach of security or unauthorized disclosure, misappropriation or unauthorized use of or access to your information or (ii) any failure of the Service to function in any manner or any loss, compromise or inaccuracy of information on the Service. “Damages” means any and all losses, claims, obligations, liabilities, actions, suits, proceedings, demands, judgments, payments, costs and expenses (including court costs, amounts paid in settlement, judgments, and reasonable attorney fees and other expenses) and damages of any kind, nature or description whatsoever.
9. Links
This Privacy Policy does not apply to websites linked to/from or using the Service or to entities or applications that we do not own or control. The Service is not affiliated with and does not endorse content, items or services of those websites or third parties. When you click on links on the Service, you may leave our Service. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements. We have no responsibility or liability for the availability of such external websites, or for the privacy, use, storage or transfer of your information or the content, advertising, products, or other materials shared by you or available through such websites.
10. Modifications to this Privacy Policy
We may make changes to this Privacy Policy from time to time in our sole discretion and may post any such changes on the Service. Each time changes are made, notice of these changes may be posted on the Service. Your continued use of the Service, including any fee changes, if applicable, following the posting of changes constitutes your acceptance of any such changes.
11. Additional limitations of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW:
1. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, INCLUDING RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OR CONTENT OR INFORMATION ON, THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE OR YOUR USING THE SERVICE OR ANY SERVICES AVAILABLE THROUGH THE SERVICE.
2. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF BOOKING FEES PAID TO US RELATING TO YOUR USE OF THE SERVICE FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY.
3. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM ARISING OUT OF YOUR USE OF THE SERVICE, OR IN ANYWAY RELATED TO THIS PRIVACY POLICY AND TERMS OF USE, MUST BE FILED WITHIN SIX (6) MONTHS AFTER SUCH CLAIM AROSE OR SUCH CLAIM WILL BE FOREVER BARRED.
4. THESE LIMITATIONS MAY APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11. Additional indemnification
You agree to indemnify and hold harmless us, our affiliates, and our respective owners and representatives from and against any and all Damages resulting from or in any way connected with your use of the Service, content you submit, post, or transmit through the Service, your breach of this Privacy Policy, or any of your other acts or omissions (whether or not relating to the Service).
12. Severability of terms
If any provision of this Privacy Policy is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Privacy Policy shall continue in full force and effect.
13. Entire agreement
This Privacy Policy constitutes the entire agreement between you and us regarding subject matter of this Privacy Policy.
14. Applicable law
This Privacy Policy and the resolution of any dispute related to this Privacy Policy or the Service shall be governed by and construed in accordance with the laws of the United States, including federal copyright and trademark laws, and with the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and to be wholly performed therein, without giving effect to any principles of conflicts of law or choice of law.
15. Arbitration
THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS YOU MAY HAVE AGAINST US OR THAT RELATE IN ANY WAY TO OR ARISE OUT OF THIS PRIVACY POLICY OR YOUR USE OF THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION.
Notwithstanding the foregoing, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated this Privacy Policy, then you and we acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Either you or we may demand that any dispute between you and us about or involving our services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Philadelphia, PA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THIS PRIVACY POLICY SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
In the event that the required arbitration provisions above are not enforced for any reason, any legal action or proceeding between us and you related to this Privacy Policy or the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Philadelphia, PA and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that this is an inconvenient forum.
16. Interpretation
As used in this Privacy Policy, “include” (and terms such as “includes” and “including”) shall not be construed as a term of limitation but shall be construed as if followed by the words “without limitation” and “or” shall be construed to be inclusive and have the meaning of “and/or”.
This Privacy Policy applies to your use of our Service. Our “Service” includes our scheduling service and platform that we provide to facilities, coaches and other fitness service providers, our website (www.rez.com), or our mobile application.
In this Privacy Policy, “we”, “us” and “our” means Rez, LLC.
2. Legally binding agreement
By registering for use of our platform or otherwise accessing or using the Service, you agree and intend to be legally bound by this Privacy Policy, including any changes that may be posted on the Service from time to time.
You should not use the Service if you have any objections to any of these practices or terms.
3. Data security obligations
We utilize systems infrastructure for hosting and security of the Service, such as third-party cloud servers, that is consistent with commercially reasonable practices for comparable companies in the United States. Since we don’t control them, we have no responsibility or liability for third-party software, facilities, servers, systems or other products, equipment or services, even if they are utilized for our provision of the Service. This includes any accidental, unauthorized or unlawful use, access, disclosure, modification or loss of your information, including any personally identifying information.
We have implemented technical and administrative safeguards to manage your personally identifying information that are designed to protect against unauthorized access to, or disclosure or use of, your information by our employees and contractors and against reasonably anticipated third party threats to the security of your information.
We will report to you any unauthorized access to, or disclosure or use of, your information.
4. Data privacy obligations and lawful basis of processing
We will endeavor tokeep your personal information private, as provided in this Privacy Policy.
We collect and process your personal information either with your consent, as provided in this Privacy Policy, or to fulfill our legitimate interest in conducting our business, including for the purposes described in item 6 below.
5. Collection of your information
1. You provide us with your personal information when you use the Service. When you “sign up” or create an account on the Service, you provide us with information about you. At a minimum, this includes your email address and a password. It may also include your age, residence address and other information about you. This is information that can be uniquely identified with you or provide access to your account. You may also provide us with additional personally identifiable information through your use of the Service, such as comments you may leave in public areas of the Service or your communications with us.
2. You consent to the provider’s sharing of your personal information. Thefacilities, coaches and other fitness service providers who utilize our paltform may provide us with personal information about you that they collect. You consent to the provider’s sharing of this information with us and our receipt and, subject to this Privacy Policy, use of your information.
3. You acknowledge that we may collect your usage data. We may also automatically collect non-personal data about your interactions with our Service, such as your IP address, the pages visited, visit duration, links clicked, and browsing patterns. This information helps us analyze trends, administer the Service, and improve our services. This information does not identify or track you personally.
4. You permit us to use automatic data collection technologies, such as “cookies”. We may use cookies and similar tracking technologies to track activity on our Service and maintain certain information. Cookies are files with a small amount of data that may include anonymous unique identifiers. Cookies created on your computer or device by using the Service do not contain personal information and do not compromise your privacy or security. You have the option to accept or refuse cookies. However, if you choose to refuse cookies, you may not be able to use some features of our Service.
6. Disclosure and use of your information
1. We do not use or share your personally identifying information, except for very specific purposes. These purposes include:
To provide or administer the Service to our fitness providers or to you and other users of the Service
To work with our third-party service providers in connection with the Service, such as our providers of cloud servers, content providers, payment processors, SMS platform providers, or mail/e-mail administrators
To communicate with you and to facilitate fitness provider communication with you (you expressly consent to our sharing of your information with the providers for this purpose and to their communications with you, including, among other things, via SMS)
To respond to legal requests, including pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law, to cooperate with law enforcement or other governmental authorities, or otherwise in accordance with applicable law
To enforce our terms of service or legal rights we may have
To facilitate a sale or change of control of our business or the Service, subject to this Privacy Policy or an equivalent privacy policy of the successor
To transact bookings, purchases, process payments, and for any related services
To fulfill your requests or otherwise with your consent
2. However, we may disclose or use information that is not personally identifying. So long as this information has been disconnected from your unique personally identifiable information, we may disclose or use it without limitations or restrictions, for any purpose, even after you delete your account. This includes aggregated information about users of the Service that may include your information, including for producing market research.
7. Certain rights you have
1. General. You have the right to request that:
We tell you what personal information is being collected about you
We tell you whether your personal information is sold or disclosed and to whom
We provide you with access to your personal information
We rectify or correct your personal information
We delete or erase your personal information
We restrict processing of your personal information, including providing it to any third parties
You also have the right to say no to the sale of your personal information and to lodge a complaint with the appropriate supervisory authority in your country of residence, if any. The foregoing rights may be subject to certain limitations pursuant to applicable law.
2. Your California Privacy Rights. The California Consumer Privacy Act permits users of the Service that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email or write to us at the address below. All requests must be labeled “Your California Privacy Rights” on the email subject line or envelope or postcard. For all requests, please clearly state that the request is related to “Your California Privacy Rights” and include your name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (i.e., email or postal mail). We will not accept requests via the telephone or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
3. Users Outside of the United States. If you are accessing the Service from a location outside of the United States, your connection will be through and to servers located in the United States. All information you receive from the Service may be created on servers located in the United States, and all information you provide may be maintained on web servers and systems located within the United States. The data protection laws in the United States and other countries might not be the same as those in your country. By using the Service or submitting information to us, you specifically consent to the transfer of your information to the United States and to the facilities and servers we use and to those with whom we may share your information.
4. Access and Correction. If you wish to review or correct any of your personal information that we collect or store, please send an email or write to us at the address below. Your right to access or correct personal information may be subject to certain legal restrictions, including information that references other individuals or confidential commercial information. We may require you to provide additional information in order for us to process your request. Upon verification, we will provide you with access to your personal information within thirty (30) days.
5. You may opt out of certain communications. We may communicate electronically and such communications are equivalent to communications in writing and have the same force and effect as if they were in writing and signed by the party sending the communication. You may cancel text message notifications at any time. If you do not want us to use your information to communicate with you, you can opt out by notifying us of your intent to unsubscribe from such communications either by clicking the “unsubscribe” link contained the communication or contacting us at the address below.
6. You may change or remove your profile information at any time through the Service. When we delete your account, this means we delete all personally identifying information, but we do NOT delete information that is not personally identifying. By using the Service, you agree that we may keep this information permanently. Even after you remove information from your profile or delete your account, copies of that information may remain viewable on the Service and elsewhere to the extent it has been shared publicly or with others. Additionally, we may retain certain information to prevent identity theft and other misconduct even if deletion has been requested. We may retain backup copies of removed and deleted information and may use such information for the purposes described in and in accordance with this Privacy Policy.
7. Our contact information. You should contact us as provided in this item 7, or to report any security violations or any violations of this Privacy Policy or any questions or concerns regarding this Privacy Policy, at:
Email: info@rez.com
Address: ______________
8. YOU WILL HAVE LIMITED LEGAL RIGHTS AGAINST US.
Except for our gross negligence that results in a breach of this Privacy Policy, you agree that in no event will we be liable or responsible to you for, and you waive any rights you may have to, any Damages (defined below) from us. Moreover, our liability will be limited as provided in item 11 below. This includes Damages arising out of (i) any breach of security or unauthorized disclosure, misappropriation or unauthorized use of or access to your information or (ii) any failure of the Service to function in any manner or any loss, compromise or inaccuracy of information on the Service. “Damages” means any and all losses, claims, obligations, liabilities, actions, suits, proceedings, demands, judgments, payments, costs and expenses (including court costs, amounts paid in settlement, judgments, and reasonable attorney fees and other expenses) and damages of any kind, nature or description whatsoever.
9. Links
This Privacy Policy does not apply to websites linked to/from or using the Service or to entities or applications that we do not own or control. The Service is not affiliated with and does not endorse content, items or services of those websites or third parties. When you click on links on the Service, you may leave our Service. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements. We have no responsibility or liability for the availability of such external websites, or for the privacy, use, storage or transfer of your information or the content, advertising, products, or other materials shared by you or available through such websites.
10. Modifications to this Privacy Policy
We may make changes to this Privacy Policy from time to time in our sole discretion and may post any such changes on the Service. Each time changes are made, notice of these changes may be posted on the Service. Your continued use of the Service, including any fee changes, if applicable, following the posting of changes constitutes your acceptance of any such changes.
11. Additional limitations of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW:
1. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, INCLUDING RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OR CONTENT OR INFORMATION ON, THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE OR YOUR USING THE SERVICE OR ANY SERVICES AVAILABLE THROUGH THE SERVICE.
2. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF BOOKING FEES PAID TO US RELATING TO YOUR USE OF THE SERVICE FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY.
3. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM ARISING OUT OF YOUR USE OF THE SERVICE, OR IN ANYWAY RELATED TO THIS PRIVACY POLICY AND TERMS OF USE, MUST BE FILED WITHIN SIX (6) MONTHS AFTER SUCH CLAIM AROSE OR SUCH CLAIM WILL BE FOREVER BARRED.
4. THESE LIMITATIONS MAY APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11. Additional indemnification
You agree to indemnify and hold harmless us, our affiliates, and our respective owners and representatives from and against any and all Damages resulting from or in any way connected with your use of the Service, content you submit, post, or transmit through the Service, your breach of this Privacy Policy, or any of your other acts or omissions (whether or not relating to the Service).
12. Severability of terms
If any provision of this Privacy Policy is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Privacy Policy shall continue in full force and effect.
13. Entire agreement
This Privacy Policy constitutes the entire agreement between you and us regarding subject matter of this Privacy Policy.
14. Applicable law
This Privacy Policy and the resolution of any dispute related to this Privacy Policy or the Service shall be governed by and construed in accordance with the laws of the United States, including federal copyright and trademark laws, and with the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and to be wholly performed therein, without giving effect to any principles of conflicts of law or choice of law.
15. Arbitration
THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS YOU MAY HAVE AGAINST US OR THAT RELATE IN ANY WAY TO OR ARISE OUT OF THIS PRIVACY POLICY OR YOUR USE OF THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION.
Notwithstanding the foregoing, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated this Privacy Policy, then you and we acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Either you or we may demand that any dispute between you and us about or involving our services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Philadelphia, PA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THIS PRIVACY POLICY SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
In the event that the required arbitration provisions above are not enforced for any reason, any legal action or proceeding between us and you related to this Privacy Policy or the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Philadelphia, PA and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that this is an inconvenient forum.
16. Interpretation
As used in this Privacy Policy, “include” (and terms such as “includes” and “including”) shall not be construed as a term of limitation but shall be construed as if followed by the words “without limitation” and “or” shall be construed to be inclusive and have the meaning of “and/or”.
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