Terms & Conditions
TERMS AND CONDITIONS OF USEE
Last Updated and Effective as of: February 15, 2016
These Terms and Conditions of Use (“Terms”), together with the Obolus, LLC (“Obolus”, “we”, “us” or “our”) Privacy Notice located at https://family-promise.com/ (the “Privacy Notice”) and incorporated herein by reference, govern access to and use of Obolus’s website located at https://family-promise.com/ and all mobile adaptations thereof (the “Website”), and/or all related services, software and resources available or enabled through the Website (collectively, the “Online Services”), by you (“User”, “You” or “Your”). Further, your use of and participation in the Online Services may be subject to additional terms from time to time which are incorporated herein by reference (“Supplemental Terms”), and such Supplemental Terms will either be listed in these Terms or will be delivered to you for your acceptance upon your use thereof or your signup therefor, including any for any supplemental account service offered by Obolus (“Supplemental Service”). If any provision of these Terms is inconsistent with any provision of any Supplemental Terms, the provision of any Supplemental Terms shall control with respect to any Supplemental Service. These Terms and any applicable Supplemental Terms are collectively referred to hereinafter as the “Terms.” THE TERMS ARE SUBJECT TO CHANGE BY OBOLUS IN ITS SOLE DISCRETION AT ANY TIME.
ARBITRATION NOTICE: THE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ANY DISPUTE RELATED TO THE ONLINE SERVICES, WHICH LIMITS ACCESS TO A JUDGE, JURY AND THE ABILITY TO PARTICIPATE IN A CLASS ACTION. ARBITRATION MAY ALSO LIMIT THE REMEDIES AVAILABLE TO YOU. YOU SHOULD REVIEW CAREFULLY THE PROVISIONS OF SECTION 15.7 PRIOR TO ACCEPTING THE TERMS.
*YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO POSSESS AND TRANSFER TO OBOLUS ALL DOCUMENTS AND INFORMATION OF THE DECEDENT AS REQUIRED FOR USE OF THE ONLINE SERVICES AND THAT YOUR POSSESSION AND DISTRIBUTION OF SUCH DOCUMENTS AND INFORMATION DOES NOT VIOLATE ANY STATUTES, REGULATIONS, BY-LAWS, JUDGMENTS, ORDERS, DECREES, RULES OR AGREEMENTS GOVERNING THE ADMINISTRATION OF THE DECEDENT’S ESTATE. *
1.1 Disclaimer of Services.
Obolus and the Online Services provide you with access to a user-friendly, automated “do-it-yourself” software service solution, allowing you to manage the termination of digital accounts, profiles or other account-based digital assets of a deceased loved one (the “Decedent”). Neither Obolus nor its subsidiaries, affiliates, members, directors, officers, employees, independent contractors, advertisers, suppliers, insurers, agents and attorneys, and each of their successors and valid assigns (individually, an “Obolus Party” and, collectively, the “Obolus Parties”) provide legal advice or legal services. The Online Services are not intended to and do not create any attorney-client relationship, and Obolus does not provide any explanation, advice, options or strategies, recommendation or opinion about your legal rights or the legal rights of the Decedent’s estate, or the validity or enforceability of any actions you may direct or perform via the Online Services. The information and tools available on the Website and through the Online Services should not be relied upon to make conclusions about the legality of any actions taken by you, your members, or any third party vendors in relation to the Decedent’s estate and digital footprint. Communications between yourself and Obolus or any other User are not protected by any attorney-client privilege.
Your access to and use of the Online Services is conditioned on your acceptance of and compliance with the Terms and, as such, by accessing or using the Online Services or any Supplemental Service, you agree that you: (1) have read and understand the Terms; (2) are bound by the Terms; (3) are of legal age to form a binding agreement with Obolus, or are at least the age of 13 and being supervised by a parent or legal guardian; and (4) have the authority to agree to the Terms either (i) personally or (ii) on behalf of the entity that has been named as the User during the registration process. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Website, including all financial charges and legal liability that such child may incur.
Subject to your compliance with the Terms, Obolus grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to access the Website and Online Services on a any device that you own or control solely for your own personal purposes.
1.4 Location-Based Information.
You understand that the Privacy Notice establishes important terms in respect of information that we collect from the Global Positioning System (“GPS”) functionality on your device when you use the Online Services on a mobile device and allow the use of your device’s GPS functions.
You cannot use the Online Services if you are barred from receiving any services or products under the laws of the United States or other applicable jurisdictions. you may only use the Online Services in accordance with the Terms and all applicable local, state, national and international laws, rules and regulations. IF YOU DO NOT AGREE OR CANNOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
1.6 Mobile and E-mail Communications.
If you request to receive updates, offers or other information by mobile phone, text message, or e-mail, you consent to receiving the same from us and our otherwise communicating with you via your electronic and/or mobile device. The foregoing is provided as part of the Online Services. However, your mobile carrier's standard messaging, data and other rates and fees still apply to any messages or e-mails you send, our confirmations and all subsequent SMS and e-mail correspondence and/or transmissions. You should check with your carrier to find out what plans are available and how much they cost. All charges are billed by and payable to your mobile service provider. At any time, you may unsubscribe from such e-mail communications, and/or text “STOP” to cancel text messages or text “HELP” for customer support information. You agree that Obolus will not be liable for any delays in the receipt of any e-mail or SMS messages, as delivery is subject to effective transmission from your internet provider and/or mobile service operator.
1.7 Pricing Errors.
Pricing errors may occur on the Website from time to time, on products or the Online Services sold by Obolus. Obolus attempts to correct all pricing errors as soon as they are discovered, or as soon as Obolus receives notice of an error. Obolus reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Obolus, except as otherwise prohibited by applicable law. Any payments you make to Obolus for orders that are canceled due to pricing errors will be refunded.
Please review the Privacy Notice, incorporated herein and applicable to your use of the Online Services, to understand Obolus’s privacy practices.
Upon any updates resulting in material changes to the Terms, Obolus will immediately make a new copy of these Terms available at the Website, and any new Supplemental Terms will be made available from within, or through, the Website, upon their effective date. Obolus will also update the “Last Updated” date at the top of these Terms to indicate the effective date of such changes. Any changes to the Terms will be effective immediately for new Users of the Online Services, or Supplemental Services, and will otherwise be effective upon the earlier of (i) thirty (30) days after posting notice of such changes on the Website or (ii) your continued use after posting of such notice.
3.2 Continued Use.
Obolus may require you to provide consent to the updated Terms in a specified manner before further use of the Online Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using any part of the Online Services. YOU UNDERSTAND THAT WE RECOMMEND THAT YOU REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
4. Limited License.
The Online Services, and the information and content available on the Website, are protected by copyright and other intellectual property rights laws throughout the world. Unless otherwise specified by Obolus in a separate license, your right to use the Website is subject to the Terms.
4.1 Obolus Software.
Use of any software and associated documentation that is made available via the Online Services (“Software”) is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Website page(s) accompanying the Software. Such license terms may be posted with the Software downloads or at the page of the Website where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. At no time will Obolus provide you with any tangible copy of our Software. Obolus shall not deliver access to the Software via electronic transfer or download and shall not use or deliver any tangible media in connection with the: (a) delivery, installation, updating or problem resolution of any Software (including any new releases); or (b) delivery, correction or updating of documentation. For the purposes of this Section 4.1, tangible media shall include, but not be limited to, any tape disk, compact disk, card, flash drive, or any other comparable physical medium. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software (except as provided in the following sentence). If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes. If no license agreement accompanies use of the Software, use of the Software will be governed by the Terms. Subject to your compliance with the Terms, Obolus grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Online Services in the manner permitted by the Terms. Some of the Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of the Terms.
4.2 Certain Restrictions.
The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website or any portion thereof; (b) you shall not frame or utilize framing techniques to enclose any trademark, or logo (including images, text, page layout or form) of Obolus; (c) you shall not use any metatags or other “hidden text” using Obolus’s Marks (as defined in Section 7.2); (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Website in order to build a similar or competitive website, application or online services; (g) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any trademark or copyright notices or any other proprietary markings contained on or in the Website. Any future release, update or other addition to the Website shall be subject to the Terms. Obolus, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Website terminates the licenses granted by Obolus pursuant to the Terms.
4.3 Third-Party Materials.
As a part of the Website, you may have access to materials that are hosted by another party. YOU AGREE THAT IT IS IMPOSSIBLE FOR OBOLUS TO MONITOR SUCH MATERIALS AND THAT YOU ACCESS THESE MATERIALS AT YOUR OWN RISK. The Website may contain links to third-party websites featuring third-party products, services and information. These links are provided to you only as a convenience and their presence on the Website does not imply endorsement by Obolus of such websites or of any association with such websites’ operators.
To access the Online Services, Obolus requires Users to create online accounts with Obolus’s Website (“Accounts”). Your creation of an Account is conditioned on your acceptance of and compliance with the Terms, as well any Supplemental Terms delivered to you.
5.1 Registering Your Account.
In order to access your Account, you will be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an Account with Obolus, including providing the background and payment information we require to properly provide the Online Services. You are responsible for safeguarding the password or credentials that you use to access the Online Services and for any activities or actions under your Account. We encourage you to use passwords that use a combination of upper and lower case letters, numbers and symbols with your Account.
5.2 Registration Data.
In registering for an Account, you agree: (1) to provide true, accurate, current and complete information about yourself as prompted by the Account registration form including, but not limited to, name, username, e-mail, and phone number (collectively, the “Registration Data”); and (2) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are: (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; (3) authorized to possess and transfer to Obolus all documents and information of the Decedent as required for use of the online services; and (4) not a person barred from using the Online Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Online Services conducted under your Account. You may not share your Account or password with anyone, and you agree: (1) to notify Obolus immediately of any unauthorized use of your password or any other breach of security; and (2) to exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or that Obolus has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Obolus has the right to suspend or terminate your Account and refuse any and all current or future use of the Online Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. Obolus reserves the right to remove or reclaim any usernames at any time and for any reason including, but not limited to, claims by any other party that a username violates such Third Party’s rights. You agree not to create an Account or use the Online Services if your Account has been previously suspended or terminated by Obolus, or if you have been previously banned from any of the Online Services. Obolus reserves the right to share Registration Data with other parties including, but not limited to, brands, clients, partners, and sponsors.
5.3 Necessary Equipment and Software.
You must provide all equipment and software necessary to connect to the Website. You are solely responsible for any fees, including Internet connection and any mobile carrier fees that you incur when accessing the Website and/or utilizing the Online Services.
6. Responsibility for User Generated Content.
6.1 Types of Content.
You acknowledge that all content you post directly or indirectly to the Website is solely your responsibility. This means that you, and not Obolus, are entirely responsible for all content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) during your term of use of the Online Services (“Your Content”). Your Content also includes content from a third party that you make available from your Account during the term of your use of the Online Services. Your Content may not contain or hyperlink to any nudity, violence, sexually explicit, or offensive subject matter. You may not post, hyperlink to or submit for print services a photograph of another person without that person’s express permission.
6.2 No Obligation to Pre-Screen Content.
You acknowledge that neither Obolus nor any Obolus Party has any obligation to pre-screen Your Content.
Except with respect to Your Content, you agree that Obolus owns all rights, title and interest in and to the Website and the Online Services, including but not limited all text, design, graphics, photographs, interfaces, code, and the selection and arrangements thereof. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website.
Graphics, logos, trademarks, service marks, trade dress and trade names (collectively, “Marks”) used on or in connection with the Website or the Online Services including, without limitation, the Mark "Family Promise” (including all variations thereof) are property of Obolus by ownership or license and may not be used without permission in connection with any third party products or services. Other Marks that may appear on or in the Website or in connection with the Online Services are the property of their respective owners. You are not granted any right, title or interest in or to any Marks found on the Website in connection with your use of the Online Services.
7.3 Your Content.
Obolus does not claim ownership of any of Your Content. You represent and warrant to Obolus that you own and/or have a royalty-free, perpetual, irrevocable, transferable, assignable, sublicensable, worldwide, non-exclusive right (including any moral rights) and license to use, license, sublicense, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term (including any extensions) of any worldwide intellectual property right that may exist in Your Content.
7.4 Your Account.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Obolus. You shall not have the right to transfer or assign your Account or your Account information including your password and other personal information.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about any of the Online Services provided by you (“Submissions”), including through online forums or similar pages to Obolus are non-confidential and shall become the sole property of Obolus. Obolus shall own exclusive rights thereto, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree that such Submissions are posted at your own risk and that Obolus has no obligations (including, without limitation, obligations of confidentiality) with respect to such Submissions. You represent and warrant that you have all rights necessary to submit Submissions. You hereby grant to Obolus a fully paid, royalty-free, perpetual, irrevocable, worldwide, transferable, assignable, fully sublicensable, and non-exclusive right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Submissions, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Website and the Online Services.
If you believe any materials accessible on or from the Website (including content submitted by other Users) infringes your copyrights, you may request removal of such materials, or access thereto, by submitting a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) to Obolus at 2230 N. Wickham Road, Melbourne, FL 32935; E-MAIL ADDRESS: email@example.com which sets forth the following information:
- Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work;
- Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Obolus to locate the material;
- Your name, address, telephone number and, if available, e-mail address;
- A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law;
- A statement that the information that you have supplied is accurate and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf;
- A physical or electronic signature of the copyright holder or authorized representative.
You acknowledge that if you fail to comply with all of the instructions above, your DMCA notice may not be valid, and Obolus will not be responsible for removal of the materials or any damaged caused by any infringement. If your submitted materials were removed or the access thereof has been disabled and you believe that such materials are not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submitted materials, you may send a counter-notice containing the following information to Obolus at: 2230 N. Wickham Road, Melbourne, FL 32935; E-MAIL ADDRESS: firstname.lastname@example.org.
- Your original or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
- Your name, address, telephone number and, if available, email address; a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or if your address is located outside of the United States, for any judicial district in which Obolus is located; and that you will accept service of process from the person who provided the original notification of infringement or an agent of such person.
If a counter-notice is received by Obolus, Obolus may send a copy of the counter-notice to the original complaining party informing that person that Obolus may replace the removed content or cease disabling it within ten (10) business days. Unless Obolus receives notice from the person who submitted the DMCA Notice that the copyright owner has filed an action seeking a court order to restrain the relevant user from engaging in infringing activity relating to the materials submitted to the Website, Obolus may replace or restore access to the relevant content in ten (10) to fourteen (14) business days after receipt of the counter-notice, at Obolus’s sole discretion.
YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO POSSESS AND TRANSFER TO OBOLUS ALL DOCUMENTS AND INFORMATION OF THE DECEDENT AS REQUIRED FOR USE OF THE ONLINE SERVICES AND THAT YOUR POSSESSION AND DISTRIBUTION OF SUCH DOCUMENTS AND INFORMATION DOES NOT VIOLATE ANY STATUTES, REGULATIONS, BY-LAWS, JUDGMENTS, ORDERS, DECREES, RULES OR AGREEMENTS GOVERNING THE ADMINISTRATION OF THE DECEDENT’S ESTATE.
8.2 Commercial Activities.
You agree that you will not under any circumstances (except to the extent expressly authorized by the Terms):
8.2.1 Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose (i) any portion of the Website (including your Account) or (ii) the access to or use of the Website or Online Services;
8.2.2 Make Available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation through the Website;
8.2.3 Use the Online Services for any commercial purpose including, but not limited to, communicating or facilitating any commercial advertisement, solicitation or activity;
8.2.4 Engage in any chain letters, contests, sweepstakes and lotteries, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise) through the Online Services; or
8.2.5 Market any goods or services through the Online Services for any business purposes.
YOU AGREE THAT YOU WILL NOT PERMIT ANY THIRD PARTY, DIRECTLY OR INDIRECTLY TO USE THE ONLINE SERVICES TO ENGAGE IN ANY OF THE ABOVE RESTRICTED CONDUCT.
8.3 Unauthorized Use or Access.
You agree that you will not under any circumstances:
8.3.1 Interfere or attempt to interfere with the proper functioning of the Online Services or connect to or use the Website in any way not expressly permitted by the Terms;
8.3.2 Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders or otherwise;
8.3.3 Use, display, mirror or frame the Website, Obolus’s name, any Obolus trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Obolus’s express written consent;
8.3.4 Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Website or that is in transit from or to the Website, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Website;
8.3.5 Intercept, examine or otherwise observe any proprietary communications protocol used by the Website, whether through the use of a network analyzer, packet sniffer or other device;
8.3.6 Make any automated use of the Website, or take any action that imposes or may impose (in Obolus’s sole discretion) an unreasonable or disproportionately large load on the infrastructure on the Website;
8.3.7 Bypass any robot exclusion headers or other measures Obolus takes to restrict access to the Website, or use any software, technology or device to send content or messages, scrape, spider or crawl the Website, or harvest or manipulate data;
8.3.8 Use, facilitate, create, or maintain any unauthorized connection to the Website, including, but not limited to (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Website, or (ii) any connection using programs, tools or software not expressly approved by Obolus;
8.3.9 Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Online Services, or to obtain any information from the Website;
8.3.10 Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8.3.11 Engage in any phishing, soliciting or attempt to solicit personal or business information from other Users of the Online Services or to defraud or extort any other Users of the Online Services;
8.3.12 Use the Online Services to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, passwords, personal or business contact information or credit, debit, calling card or account numbers;
8.3.13 Harass, threaten, incite or use any abusive or defamatory language toward other Users;
8.3.14 Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Online Services to send altered, deceptive or false source-identifying information; or
8.3.45 Upload or transmit (or attempt to upload or to transmit) any material to the Website that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
OBOLUS RESERVES THE RIGHT TO BLOCK OR REMOVE ANY ACCOUNT, CONTENT, OR SUBMISSIONS IT DEEMS (IN OBOLUS’S SOLE DISCRETION) TO BE ABUSIVE, DEFAMATORY, OBSCENE, FRAUDULENT, DECEPTIVE, MISLEADING, IN VIOLATION OF ANY COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY, IN VIOLATION OF ANY STATUTES, REGULATIONS, BY-LAWS, JUDGMENTS, ORDERS, DECREES, RULES OR AGREEMENTS GOVERNING THE ADMINISTRATION OF THE DECEDENT’S ESTATE OR OTHERWISE UNACCEPTABLE.
In connection with your use of the Online Services you will not, as to your Account:
8.4.1 Make Available any content that: (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
8.4.2 Harm minors in any way;
8.4.3 Impersonate any person or entity including, but not limited to, Obolus personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8.4.4 Make available any content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of estate administrative duties, employment relationships or under non-disclosure agreements);
8.4.5 Make Available any content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
8.4.6 Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court including, but not limited to, the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, and the California Comprehensive Computer Data Access and Fraud Act;
8.4.7 Register for more than one Account or register for an Account on behalf of an individual other than yourself and/or the Decedent;
8.4.8 Advocate, encourage or assist any third party in doing any of the foregoing activities in this Section 8.3.
You agree to indemnify and hold the Obolus Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Website and/or the Online Services; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; and (e) your violation of any statutes, regulations, by-laws, judgments, orders, decrees, rules or agreements. Obolus or an Obolus Party reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Obolus in asserting any available defenses. You agree that the provisions in this Section 9 will survive any termination of your Account, the Online Services, the Terms or your access to the Website.
10. Disclaimer of Warranties.
10.1 As Is.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK, AND THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE OBOLUS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10.1.1 THE OBOLUS PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (2) YOUR USE OF THE ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (2) ANY ERRORS OR INTERRUPTIONS IN THE ONLINE SERVICES WILL BE CORRECTED.
10.1.2 ALL CLAIMS ON THE WEBSITE ABOUT THE EFFECTIVENESS OF OBOLUS PRODUCTS AND ONLINE SERVICES ARE EXPRESSLY LIMITED TO THE UNITED STATES OF AMERICA.
10.1.3 YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE ONLINE SERVICES.
10.1.4 THE ONLINE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. OBOLUS MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE ONLINE SERVICES.
10.1.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OBOLUS OR THROUGH THE ONLINE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FROM TIME TO TIME, OBOLUS MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT OBOLUS’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION 10.1 APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
10.2 No Liability for Conduct of Third Parties.
YOU ACKNOWLEDGE AND AGREE THAT OBOLUS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD OBOLUS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF DAMAGE FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
10.3 No Liability for Conduct of Other Users.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE DURING THE TERM OF USE OF THE ONLINE SERVICES.
11. Limitation of Liability.
11.1 Disclaimer of Certain Damages.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL OBOLUS OR ANY OBOLUS PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, MORAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ONLINE SERVICES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT OBOLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE ONLINE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE ONLINE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE ONLINE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ONLINE SERVICES; OR (V) ANY OTHER MATTER RELATED TO THE ONLINE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, TRADEMARK, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
11.2 Cap on Liability.
UNDER NO CIRCUMSTANCES WILL OBOLUS OR ANY OBOLUS PARTY BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT THAT YOU HAVE PAID FOR USE OF THE ONLINE SERVICES, THROUGH THE DATE OF BREACH AS DETERMINED BY AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION AS SET FORTH IN SECTION 15.7.2, AND YOU EXPRESSLY AGREE THAT SUCH LIMITATION IS FAIR AND REASONABLE IN EXCHANGE FOR YOUR USE OF THE ONLINE SERVICES.
11.3 User Content.
THE OBOLUS PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO POST OR STORE ANY OF YOUR CONTENT.
11.4 Basis of the Bargain.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OBOLUS AND YOU.
11.5 Exclusion of Damages.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OF ANY SUCH JURISDICTION APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS IN SUCH JURISDICTION.
12 Terms and Termination.
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Online Services. The Terms continue to be in full force and effect each time you access the Website and/or use the Online Services until terminated in accordance with the Terms. The provisions herein relating to copyrights, the Marks, all disclaimers and limitations of liability, indemnification, applicable laws, arbitration and Section 15 shall survive any termination of the Terms.
12.2 Prior Use.
Notwithstanding the foregoing, if you used the Online Services prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Online Services (whichever is earlier) and will remain in full force and effect while you use the Online Services, unless earlier terminated in accordance with the Terms.
12.3 Termination of Services by Obolus.
Obolus has the right to modify, suspend or terminate any of the Online Services provided to you at any time with or without reason. You agree that all terminations by Obolus shall be made in Obolus’s sole discretion.
12.4 Termination of Services by You.
If you want to terminate the Online Services provided by Obolus, you may do so by notifying Obolus at any time. Your notice should be sent, in writing, to Obolus as set forth in Section 15.7.9.
12.5 Effect of Termination.
Termination of any of the Online Services includes removal of access thereto and barring of further use thereof. Termination of all of the Online Services also includes deletion of your password and all related information, files and Your Content associated with or inside your Account (or any part thereof). Upon termination of any of the Online Services, your right to use such Service will automatically terminate immediately. You understand that any termination of Online Services may involve deletion of Your Content associated therewith from our live databases. Obolus will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms that by their nature should survive, shall survive termination of the Online Services including, without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
If Obolus becomes aware of any possible violations by you of the Terms, Obolus reserves the right to investigate such violations. If, as a result of the investigation, Obolus believes that criminal activity has occurred, Obolus reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. You understand that the Privacy Notice sets forth other terms regarding Obolus’s cooperation with Third Parties and authorities, and the disclosure of Your Content and information related to your Account.
In the event that Obolus determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate in respect of the Online Services, Obolus reserves the right to:
13.2.1 Warn you via e-mail (to any e-mail address you have provided to Obolus) that you have violated the Terms;
13.2.2 Discontinue your Account;
13.2.3 Notify and/or send Your Content to cooperate fully with the proper law enforcement authorities for further action; and/or
13.2.4 Pursue any other action that Obolus deems to be appropriate.
14. International Users.
The Website can be accessed from countries around the world and may contain references to the Online Services that are not available in your country. Such references do not imply that Obolus intends to announce the applicable Online Services in your country. The Online Services are controlled by Obolus from its facilities in the United States of America. Obolus makes no representations that the Online Services are appropriate or available for use in other locations. Those who access or use the Online Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
15 General Provisions.
15.1 Electronic Communications.
The communications between you and Obolus use electronic means, whether you visit the Website or send Obolus e-mails, or whether Obolus posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (i) consent to receive communications from Obolus in an electronic form, and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Obolus provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
You hereby irrevocably and forever release the Obolus Parties from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Online Services including, but not limited to, any interactions with or conduct of other Users or third-party websites or vendors of any kind arising in connection with or as a result of the Terms or your use of the Online Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Obolus’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
15.4 Force Majeure.
Obolus shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
IF YOU BELIEVE THAT OBOLUS HAS NOT ADHERED TO THE TERMS, YOU UNDERSTAND THAT YOU ARE ENCOURAGED TO CONTACT OBOLUS BY EMAILING US AT INFO@FAMILY-PROMISE.COM. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
15.6 Limitations Period.
YOU AND OBOLUS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE ONLINE SERVICES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES AS DEFINED UNDER APPLICABLE LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15.7 Dispute Resolution.
By using the Online Services in any manner, you expressly agree to the dispute resolution provisions in this Section 15.7.
15.7.1 Small Claims. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the Online Services where the total amount of the award sought is less than Five Thousand U.S. Dollars and No Cents (US$5,000.00) may be resolved in a cost effective manner through confidential binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this Section 15.7 and under the rules of such ADR Provider, except to the extent such rules are in conflict with the Terms. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties will comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) all arbitration proceedings shall be held in English and the American variation thereof; (iii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and (iv) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees and costs) and disbursements in the presentation of its case arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider, unless otherwise prohibited under applicable law, in which case this sentence shall be severed herefrom, but in any event shall not be construed as prohibiting any award of fees and costs if required by applicable law. Notwithstanding the foregoing, Obolus may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. You understand that the laws of the jurisdiction where you are located may be different from Florida law and U.S. law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the Online Services. Notwithstanding anything to the contrary in this Section 15.7, if available in accordance with applicable law and rules, either party hereto may bring an individual action in small claims court (or the applicable state equivalent) located in the jurisdiction where you reside and use the Online Services, and in such event the arbitration provisions herein shall have no effect unless such action is transferred or removed to a different court, in which case the arbitration provisions hereof shall control for all purposes, provided that nothing herein shall be construed as limiting any right of appeal of any party hereto related to any decision by a small claims court (or applicable state equivalent).
15.7.2 Arbitration. Any other dispute (including whether the claims asserted can be arbitrated) shall be referred to and finally determined through binding and confidential arbitration (“Arbitration”) at a mutually agreed upon location in Brevard County, Florida, USA. Arbitration shall be subject to the U.S. Federal Arbitration Act, 9 U.S.C. §§1 et seq., as amended (the “FAA”), and not any state arbitration law. Arbitration shall be conducted before one (1) commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”), who shall be selected in accordance with AAA Rules and Procedures (defined below). As modified by the Terms, and unless otherwise agreed upon by the parties hereto in writing, Arbitration will be governed by the AAA’s Commercial Arbitration Rules and any Expedited Rules thereof, and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “AAA Rules and Procedures”). Arbitration, its proceedings, and all pleadings and written evidence will be in the English language and the American variation thereof. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, subject to Section 11. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties hereto without appeal or review except as permitted by Florida law or the FAA.
15.7.3 Effect of Arbitration on Your Rights. PURSUANT TO THIS SECTION 15.7, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT AS SET FORTH IN SECTION 15.7.1. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT ARBITRATION AND ITS RELATED PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
15.7.4 Arbitration Procedures. YOU AND OBOLUS MUST ABIDE BY THE FOLLOWING RULES: (I) ANY CLAIMS BROUGHT BY YOU OR OBOLUS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (II) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (III) IN THE EVENT THAT YOU ARE ABLE TO DEMONSTRATE THAT THE COSTS OF ARBITRATION WILL BE PROHIBITIVE AS COMPARED TO COSTS OF LITIGATION, OBOLUS WILL PAY AS MUCH OF YOUR FILING AND HEARING FEES IN CONNECTION WITH ARBITRATION AS THE ARBITRATOR DEEMS NECESSARY TO PREVENT ARBITRATION FROM BEING COST-PROHIBITIVE AS COMPARED TO THE COST OF LITIGATION; (IV) OBOLUS ALSO RESERVES THE RIGHT IN ITS SOLE AND EXCLUSIVE DISCRETION TO ASSUME RESPONSIBILITY FOR ALL OF THE COSTS OF ARBITRATION; (V) THE ARBITRATOR SHALL HONOR CLAIMS OF PRIVILEGE AND PRIVACY RECOGNIZED AT LAW; (VI) ARBITRATION SHALL BE CONFIDENTIAL, AND NEITHER YOU NOR WE MAY DISCLOSE THE EXISTENCE, CONTENT OR RESULTS OF ANY ARBITRATION, EXCEPT AS MAY BE REQUIRED BY LAW OR FOR THE PURPOSES OF ENFORCEMENT OF THE ARBITRATION AWARD; (VII) THE ARBITRATOR MAY AWARD ANY INDIVIDUAL RELIEF OR INDIVIDUAL REMEDIES THAT ARE PERMITTED BY APPLICABLE LAW; AND (VIII) EACH SIDE PAYS ITS OWN ATTORNEYS’ FEES AND EXPENSES UNLESS THERE IS A STATUTORY PROVISION THAT REQUIRES THE PREVAILING PARTY TO BE PAID ITS FEES AND LITIGATION EXPENSES, AND THEN IN SUCH INSTANCE, THE FEES AND COSTS AWARDED SHALL BE DETERMINED BY APPLICABLE LAW. FOR PURPOSES OF CLARIFICATION AS TO THE RIGHTS POTENTIALLY WAIVED HEREUNDER, THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR JOINED OR CONSOLIDATED ARBITRATION.
15.7.5 Nonarbitrable Matters. Notwithstanding the agreement to arbitrate herein, claims of defamation, violation of the U.S. Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §1030 et seq., as amended, and infringement or misappropriation of the other party’s patents, copyrights, Marks or trade secrets shall not be subject to Arbitration; such claims shall be exclusively brought in and resolved by the state or federal courts located in and for Brevard County, Florida. Additionally, notwithstanding this agreement to arbitrate, either party hereto may seek emergency equitable relief before the state or federal courts located in and for Brevard County, Florida, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located in such county for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
15.7.6 Severability. With the exceptions set forth in Section 15.7.4 (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal by a court of competent jurisdiction, or otherwise conflicts with AAA Rules and Procedures as determined by the arbitrator, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, any such prohibitions set forth in Section 15.7.4 is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor OBOLUS shall be entitled to arbitration. IF FOR ANY REASON, ANY CLAIM IS ALLOWED TO PROCEED IN COURT RATHER THAN IN ARBITRATION, THE DISPUTE SHALL BE EXCLUSIVELY BROUGHT IN AND RESOLVED BY THE STATE OR FEDERAL COURTS IN AND FOR BREVARD COUNTY, FLORIDA, AND THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF SUCH LITIGATION. IN ADDITION, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN THE EVENT THAT THE CLASS ACTION WAIVER IN SECTION 15.7.4 IS DETERMINED TO BE INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN, SUBJECT TO THE RIGHT TO APPEAL SUCH A RULING, ANY CLASS ACTION, IF ALLOWED TO PROCEED, SHALL PROCEED ONLY BEFORE A COURT OF COMPETENT JURISDICTION IN AND FOR BREVARD COUNTY, FLORIDA, AND NOT IN CLASS-WIDE ARBITRATION, AND THE PARTIES IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF SUCH CLASS ACTION. For more information on AAA and AAA Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
15.7.7 Governing Law. The Terms and the Online Services and any action related thereto will be governed and interpreted by and under the laws of the State of Florida, consistent with the FAA, without giving effect to any principles that provide for the application of the law of another jurisdiction, and, as applicable, U.S. federal law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms.
15.7.8 Choice of Language. The parties hereto expressly desired that the Terms and all related documents were drafted in English, in the American variation thereof.
15.7.9 Notice. Where Obolus requires that you provide an e-mail address, you are responsible for providing Obolus with your most current e-mail address. In the event that the last e-mail address you provided to Obolus is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Obolus’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Obolus at the following address: 2330 N. Wickham Rd., Melbourne, FL 32935; E-MAIL ADDRESS: email@example.com. Such notice shall be deemed given when received by Obolus by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address. You may also call the following number with any inquiries or comments: +1 (321) 345-7051.
15.7.10 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
15.7.11 Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
15.7.12 Export Control. You may not use, export, import, or transfer the Online Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Online Services, and any other applicable laws. In particular, but without limitation, the Online Services may not be exported or re-exported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Online Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Online Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Obolus are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Obolus products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
15.7.13 Entire Agreement; Construction. The Terms are the final, complete and exclusive agreement of the parties hereto with respect to the subject matter hereof and supersede and merge all prior discussions between the parties hereto with respect to such subject matter. Sections headings are included for convenience of reference only and shall not affect interpretation of any term or provision of the Terms. Terms used and defined in the singular shall mean to include the plural, and vice versa. You agree that no joint venture, partnership, employment or agency relationship exists between you and Obolus as a result of the Terms or your use of the Website.
16. International Provisions.
The following provisions shall apply only if you are located in the countries listed below.
16.1 United Kingdom.
A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from such Act.
Notwithstanding anything to the contrary in Section 16, Obolus is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).