Date Last Revised: July 11th, 2016
1. The information that we collect
The information we collect from you can be divided into the following general categories:
1.1 User-provided Information. When you use the Service, you may provide and we may collect what is generally called “personally identifiable” information, such as your name and e-mail address, mailing address, mobile phone number, and demographic information such as age, education, gender, interests and location. For example, you may provide us with personally identifiable information when you register for an account, use the Service, post User Content, interact with other users of the Service through communication or messaging features, or send us customer service related requests.
1.2 Slack-provided Information. We collect Slack account and access information from users for the purposes of connecting to the Slack API and to authenticate access to information on the Abe.ai website. We do not store or log other messages or information from your Slack activity and do not access past or archived messages.
1.4 Financial Institution Aggregation. In order for you to benefit from the full functionality of our Services, our Services require access to your financial institution (“FI”) account data, including transaction history, balances, and account information. We use a third party service provider to facilitate the collection of your FI account data from your FIs, including, but not limited to, accessing your FI account data, including financial transaction data, balances, and activity, and retrieving your FI account data from such third party financial institutions. We do not store your account login information.
1.5 Log files. As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or site functionality.
1.6 Local Storage (HTML5). Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use local storage (LS) such as HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5 LS.
2. We limit the uses the information we collect.
Your information is an integral part of our operations, and we use it in a variety of ways in providing the Service and operating our business. Our primary uses of the data you submit to us are responding to your requests and serving you better. We may use your Personal Data in the following ways:
i. to operate, maintain, enhance, and provide you with the Services;
ii. to personalize the features, performance, and support of the Services for your use;
iii. to send you administrative notifications, such as security, support, or maintenance advisories;
iv. to respond to your inquiries related to employment opportunities or other requests;
v. to send you promotional/marketing information, newsletters, surveys, offers, or other information;
vi. to provide you with opportunities and functionality that we think would be of particular interest to you;
vii. to improve the quality of the Site and the Services;
viii. to analyze, benchmark and conduct research on user data and user interactions with the Services; and,
ix. to address intellectual property infringement, right of privacy violations or defamation issues related to your User Content posted on the Service or to send you promotional messages related to the Service and the activities of %br third parties we work with.
3. How we disclose your information.
3.1 Any information, including personally identifiable information, that you voluntarily choose to include in a publicly accessible area of the Service will be available to anyone who has access to that content, including other users. You can control what personally identifiable information that you choose to be publicly accessible by adjusting your account settings.
3.2 We work with third party service providers to provide website, application development, hosting, maintenance, and other services for us. To the extent it is necessary for these third party service providers to complete their contractual obligations to us, these third parties may have access to or process your personally identifiable information. Generally, these disclosures are made under terms comparable to this Policy, and the recipients are limited to using the information the purpose for which it was provided. These companies are authorized to use your personally identifiable information only as necessary to provide these services to us.
3.3 We make certain automatically collected and other aggregate non-personally-identifiable information available to third parties, to: (i) comply with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
3.4 With your explicit permission, we may make your personally identifiable information available to third parties: (i) for business or marketing purposes; or (ii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service. If, after providing your explicit permission, you decide you no longer want your personally identifiable information shared with third parties in this manner, you can opt out by contacting us at firstname.lastname@example.org
3.5 We may also disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity.
3.6 We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect us and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Service; or to protect the rights, property, or personal safety of us, our users, or others.
3.7 In the event that all or a portion of Abe or its assets are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users in connection with such merger, acquisition, sale, or other change of control. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personally identifiable information.
4. You can control your information.
You have the ability to opt-out of receiving any promotional email communications from us through opt out links provided in the messages. To opt out of push notifications, please change settings at the device level or go to the app settings page. You may opt-out of receiving these marketing messages from us and from third parties at any time by contacting us at email@example.com.
Additionally, you may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page through the Service. Please note that while your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Third Party Services.
The Service may contain features or links to websites and services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party’s policies, if any, governing privacy and security, even if accessed through the Site or Service. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links or access are provided through the Site or Service. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.
Our Web site offers publicly accessible blogs or community forums. Information that you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. Alternatively, if you used a third party application to post such information, you can remove it, by either logging into the said application and removing the information or by contacting the appropriate third party application.
Our Commitment to Children’s Privacy.
Protecting the privacy of young children is especially important. For that reason, we do not allow children under 13 years of age to use the Service or knowingly collect or maintain personally identifiable information from persons under 13 years of age, and no part of the Service is directed to persons under 13 years of age. If you are under 13 years of age, then please do not use or access Service at any time or in any manner. If we learn that personally identifiable information has been collected on the Service from persons under 13 years of age then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years of age has obtained an account on the Service, then you may alert us at email@example.com and request that we delete that child’s personally identifiable information from our systems.
Our Commitment to Data Security.
We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. We have a data security policy in place that we regularly test. Our security policy utilizes bank-level encryption and other security measures, such as SSL, to protect sensitive information (such as financial information, account data, including transaction history, balances, and account information) from hackers and unauthorized parties. If you choose to allow us to store your personal information, we will implement reasonable security measures according to our security policy. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service and you do so at your own risk. We hereby DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES. YOU UTILIZE THE SITE AND SERVICES AT YOUR OWN RISK AND ON AN “AS IS” BASIS. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Although we may allow you to adjust your privacy settings to limit access to your information, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your information. Therefore, we cannot and do not guarantee that information you post on the Service will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. You understand and acknowledge that, even after removal, copies of information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such information.
Our Contact Information.
Date last revised: May 13, 2016
These Terms provide that all disputes between you and us will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court), INCLUDING CLASS ACTION LAWSUITS. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 17 below for the details regarding your agreement to arbitrate any disputes with Abe.
- Abe Service Overview.
Abe.ai provides an application for managing cash flow and other financial data. Please note that the Service is meant only as an aid to assist you in organizing and managing your finances. The Service is not intended provide any legal, tax or financial advice. The Service is intended only to assist you in your financial goals and decision making from a higher level, generalized perspective. You acknowledge that your personal financial circumstances are unique, and that before any information, advice, recommendations or other content you obtain through the Service is implemented or acted upon, you should obtain the advice of a financial advisor or other financial planning professional who is aware of your personal financial circumstances.
You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
Access to the Service, or to certain features of the Service, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in U.S. Dollars and are nonrefundable. We may change the fees for the Service or any feature of the Service, including by adding additional fees or charges, on a goingforward basis at any time. We will charge the payment method you specify at the time of purchase. You authorize us to charge all sums described herein to such payment method. If you pay any applicable fees with a credit card, we may seek preauthorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
- Accounts and Registration.
4.1 To access the Service, you must register for an account. When you register you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@Abe.ai
4.2 In order to make full use of the Service you will need to link your account on the Service with accounts you maintain at third party financial institutions that have records of your financial transaction history (“Financial Account History”). We contract with third parties to access your Financial Account History through the login and password information you provide to us for a given third party financial institution. In order to provide you with the Service, we store your Financial Account History in our databases. Please be aware that any stored Financial Account History may be subject to corruption of data, loss of personalized settings or other interruptions in availability. In addition, any Financial Account History is only as accurate as the information provided to us by our third party providers, which may not necessarily reflect your Financial Account History as provided to you by your financial institution.
- Alerts and Notices
5.1 From time to time we may issue notices or alerts (“Alerts”) to you, or you may choose to set up voluntary Alerts based on certain criteria, to the extent made available by the Service. Automatic Alerts may be sent to you in certain situations, e.g., changes in your registration information. Any voluntary Alerts may be created or deactivated by you pursuant to customizations and preferences chosen by you. We may add or delete categories of Alerts from time to time.
5.2 Alerts may be sent to your e-mail address, and, based upon your preferences, communicated by additional means, such as, pop-up notices (“Pushes”) on your mobile device. Since alerts may include account number, financial information or other sensitive data, please be aware of the methods you choose for receipt of Alerts.
5.3 Please be aware that any Alerts may be delayed or prevented from being delivered to you for a variety of reasons. Therefore, we do not guarantee the accuracy or timely arrival of any Alerts.
- Mobile Device Usage
Use of the Services may be made available through a browser on a mobile device or through an application running on a mobile device. You are solely responsible for all costs incurred by you with respect to your usage of the Services on a mobile device, including data usage fees and other telecommunications fees.
- Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
7.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
7.2 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
7.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by us;
7.4 interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
7.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Service; (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
7.6 perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
7.7 sell or otherwise transfer the access granted herein or any Materials (as defined in Section 11 below) or any right or ability to view, access, or use any Materials;
7.8 provide Financial Information to us that you do not have the authority to provide; or,
7.9 attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section.
- Third-Party Services and Offers; Linked Websites.
We may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account with us with an account on a third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
- Termination of Use; Discontinuation and Modification of the Service
If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, we, in our sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at firstname.lastname@example.org. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
10.2 Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Terms”), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service or additional services. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
- Changes to the Terms
We reserve the right, at our discretion, to change these Terms at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.
- Ownership; Proprietary Rights; Feedback
12.1 The Service is owned and operated by Abe. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by us are protected by all relevant intellectual property, proprietary rights, and applicable laws. All Materials contained in the Service are the property of us or our third-party licensors. Except as expressly authorized by us you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.
12.2 You may provide us with, or we may solicit your feedback, ideas, or suggestions with respect to the Services, and you hereby grant us the a perpetual, worldwide, fully transferrable, sub-licenseable, full-paid up, irrevocable, royalty free license to use such feedback in future modifications of the Service, other products or services, or marketing or materials. We will not, however, disclose such feedback in a way that would identify you without obtaining your permission.
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Abe and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Abe Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site or Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
- Disclaimers; No Warranties
THE SITE, SERVICE, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE AND SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ABE ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ABE.AI FINANCIAL ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, ACCURATE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF ABE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
WE DO NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES OF ANY OFFERS WHICH MAY BE MADE AVAILABLE TO YOU THROUGH THE SERVICES, AND WE ARE NOT AN AGENT OR BROKER OF SUCH OFFER PROVIDERS. WE DO NOT GUARANTEE THAT ANY LOAN, INVESTMENT, PLAN OR OTHER TERMS OFFERED BY ANY THIRD PARTY ARE ACTUALLY THE TERMS THAT MAY BE OFFERED TO YOU OR ARE THE BEST TERMS AVAILABLE.
ANY AND ALL FINANCIAL INFORMATION THAT WE RECEIVE FROM THIRD PARTIES OR YOU IS NOT VERIFIED BY US FOR ACCURACY OR ANY OTHER REASON.
YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- Limitation of Liability
IN NO EVENT WILL ABE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ABE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF ABE ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO ABE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $500.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS CONTAINED IN THE TERMS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Governing Law
These Terms shall be governed by the laws of the State of Florida without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and us agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Orange County, Florida for the purpose of litigating all such disputes.
- Dispute Resolution and Arbitration
18.1 Generally. In the interest of resolving disputes between you and Abe in the most expedient and cost effective manner, you and Abe agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ABE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ADDITION TO OTHER RESTRICTIONS AND LIMITS OF LIABILITY CONTAINED WITHIN THESE TERMS.
18.2 Exceptions. Notwithstanding subsection 18.1, we and you both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
18.3 Arbitrator. Any arbitration between you and Abe will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Abe.
18.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Abe’s address for Notice is:
2650 Dade Ave. #1541
Orlando, FL 32804
The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Abe, may commence an arbitration proceeding.
18.5 Hearing. Any arbitration hearings will take place at a location to be agreed upon in Orange County, Florida provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules. The payment of all fees will be governed by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.6 No Class Actions. YOU AND ABE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Abe agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
18.7 Modifications. In the event that we make any future change to this arbitration provision (other than a change to our address for Notice), you may reject any such change by sending us written notice within 30 days of the change to our address for Notice, in which case your account with us shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
18.8 Enforceability. If Subsection of these Terms is found to be unenforceable, then that Subsection shall be stricken and the remainder of these Terms enforceable unless the stricken section materially changes the intent of the parties. Regardless, if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to these Terms.
- Consent to Electronic Communications
- Contact Information
The corporate offices of Abe are located at 2650 Dade Ave. #1541 Orlando, FL 32712. You may contact us by sending correspondence to the foregoing address or by emailing us at email@example.com. You may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.