About the Repustar Service
- Repustar analyzes X (Twitter) users on their history of 3rd-party websites they reference and others that they retweet. We get this data through commercially available interfaces and licenses from X (Twitter). We also access 3rd-party website-rating services’ data, with the permission of those 3rd parties, to score some of the websites referenced by X (Twitter) users based on the 3rd party’s assessment of the website’s quality of reportage.
- Repustar uses this data to provide a relative assessment of a X (Twitter) user (as compared to other X (Twitter) users analyzed by Repustar) that is based on the aggregate quality and reliability of the X (Twitter) user’s cited sources. Our attempt is to provide an overview of the collective quality of the user’s most-cited sources, not to assess that X (Twitter) user’s credibility or character.
- As a result, much of the content available through Repustar is what has been published on X (Twitter) by a user that we have analyzed or provided to us by our 3rd-party website-rating service partners. We don’t reveal on Repustar any data about any X (Twitter) user that is not discernible on their publicly visible X (Twitter) profile. If you have concerns about the content of a X (Twitter) user’s account, we encourage you to contact that user or X (Twitter). If you are a news outlet and have concerns about the rating that has been assigned to you, we encourage you to contact our providers listed on the website.
- The data that you are accessing from Repustar is intended for your professional use. It’s not intended for sharing in its raw form on social media or in any other public or semi-public setting.
We hope that you will find Repustar to be a useful journalistic tool in helping you evaluate potential sources. However, if you do not accept any of the above, please don’t use the service.
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Effective Date: June 26, 2023
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS BEFORE USING OUR SERVICES (DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOU AGREE TO THESE TERMS BY ACCESSING OR USING THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SERVICES.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTES/ARBITRATION/GOVERNING LAW PROVISION BELOW, YOU AND REPUSTAR AGREE THAT DISPUTES BETWEEN YOU AND A REPUSTAR PARTY (DEFINED BELOW) WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE AND THAT YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR ARBITRATION.
There may be times when separate terms and conditions, in addition to these Terms, apply to a particular service or feature offered through the Services (“Additional Terms”). In those cases, the Additional Terms control to the extent there is a conflict with these Terms.
TABLE OF CONTENTS
- Ownership of Materials
- Your License to Use Materials on Our Services
- Feedback; Your License to Us
- Reporting Copyright and Other Intellectual-Property Violations
- Subscription Terms
- Third-Party Links
- Disclaimer of Warranties
- Limitation of Liability; Waiver
- Location of Services and Territorial Restrictions
- Disputes / Arbitration / Governing Law
- Our Right to Update These Terms
OWNERSHIP OF MATERIALS
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services (and all past, present, and future versions), including, without limitation: audio-visual content, graphics, layout, text, instructions, widgets, images, designs, trade names, trademarks (including logos and trade dress), any and all copyrightable material (including source and object code), the "look and feel" of the Services, the compilation, assembly and arrangement of the materials of the Services, and all other materials related to the Services (collectively, the "Materials") are owned by or licensed to Repustar (or its parents, subsidiaries, or affiliates) and are protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, publicity and other applicable laws, rules, regulations and international treaties.
The Materials may not be copied, reproduced, downloaded, or distributed in any way, in whole or in part, without the express permission of Repustar, unless and except as is expressly provided for in these Terms – provided that Materials obtained by non-exclusive license from a third party (e.g., X (Twitter)) with which you have your own direct relationship may be available to you via separate license terms between you and such third party.
Without limiting the foregoing, if you are a X (Twitter) user who has been analyzed by Repustar and your X (Twitter)-published content is therefore accessible via our Services pursuant to our license from X (Twitter), note that we do not claim any ownership interest in your content that you have published on X (Twitter) (unless it otherwise includes our Repustar Materials).
YOUR LICENSE TO USE MATERIALS ON OUR SERVICES
Subject to your strict compliance with these Terms, Repustar grants you a limited, non-exclusive, revocable, non-assignable, non-transferable license to view and/or use the Services (and all Materials included in or available through the Services) on any device that you own or control for your own individual use, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the Services or Materials in a manner that suggests an association between you or a third party and any of our products, services or brands; (c) you make no modifications to the Services or Materials; (d) you do not and you do not allow, aid, abet, or encourage any third party (whether or not for your benefit) to: (i) copy or adapt the object code of the Services or any other code included in the Services or Materials; (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Services creates to generate its content or any software or other products or processes accessible through the Services; or (iii) attempt to download or compile a database of the user analyses created by Repustar; and (e) you do not insert any code or product to manipulate the Services in any way that affects any user's experience. You also agree that you will not, including by using any robot, scraper, or other data-mining technology or process, frame, mask, extract data from, copy or distribute the Services or Materials (except as may be a result of standard search engine or Internet browser usage). Your use of the Services may be for your own professional endeavors (e.g., as a journalist), but you may not otherwise commercially exploit your access to the Services. Without limiting any of the foregoing, you may not (a) access or export data from the Services for the purpose of or with the intent to recreate any Repustar database or develop a competing service or (b) download, reproduce, publish or distribute in any way Repustar’s “scoring” of a X (Twitter) user based on the assessed reliability of sources cited by such user (unless expressly permitted by Repustar in writing or through the normal functioning of any sharing feature we make available on the Service).
We reserve all other rights to the Services and Materials. You may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Materials without our permission. You also may not transfer, resell or sublicense this limited right to use the Services, including any Subscription Service (as defined below).
Repustar reserves the right to charge for use of the Services, in whole or in part (including as described in the Subscription Terms section below) and to change or add new fees from time to time in its discretion.
FEEDBACK; YOUR LICENSE TO US
You may have the opportunity to submit feedback or other content through the Services – via a “Contact Us,” feature request, feedback form, or similar mechanism. (Any such submission is referred to as your “Feedback.”) Any Feedback you elect to submit will be treated as non-confidential and non-proprietary and will not be returned. By choosing to submit Feedback, you grant to us an irrevocable, worldwide right and permission to use and exploit in any manner your Feedback for any purposes whatsoever, including, without limitation, improving, developing, or marketing products and services, without any attribution, payment or other compensation of any kind to you.
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use the Services for any purpose or in any manner that infringes the rights of any third party. Repustar encourages you to report any content on the Services that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good-faith belief that content on the Services infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below. (Note: If the content you believe infringes your rights was published by a X (Twitter) user and is accessible on Repustar via license from X (Twitter), we recommend that you contact X (Twitter) directly using Twitter’s own processes for reporting intellectual-property concerns: https://help.twitter.com/en/forms/ipi.)
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Repustar has a designated agent for receiving notices of copyright infringement and Repustar follows the notice and take-down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Repustar's copyright agent the following information required by the DMCA, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., the username of the applicable user and title/date of the applicable post); (d) information reasonably sufficient to permit us to contact you; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you - as the complaining party - are the owner of an exclusive right that is allegedly infringed or legally authorized to act on behalf of the owner of such right(s).
If you believe that any content on the Services violates your rights other than copyrights, please provide Repustar with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., the username of the applicable user and title/date of the applicable post); (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding the Services or other complaint regarding alleged violation of rights to Repustar’s copyright agent, who can be reached as follows:
Name/Title: Copyright Agent
Mailing Address: c/o Repustar Inc., 1180 Laurel Street, #708, San Carlos, CA 94070
E-mail Address: email@example.com
NOTE: This contact information is for inquiries regarding potential copyright and other intellectual-property infringement only. For other inquiries, use the CONTACT US widget in our website footer.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any purportedly infringing material.
(a) Subscription Services: Automatic Renewal; Consent to Recurring Charges.
We may offer both free and paid access to our Services. Paid access is offered on a subscription basis and renews automatically each billing period until canceled (“Subscription Service”). If you choose to subscribe to any of our Subscription Services, your subscription will automatically renew at the conclusion of the initial subscription period for additional periods of the same duration (or another duration, as disclosed to you at the time you enrolled in the subscription) at the then-current fee for such Subscription Service (plus tax, if applicable) unless you cancel your subscription.
We may place limitations or restrictions on areas or features of the Service you may access or the number of times you may access certain features during a given period (e.g., the number of user profiles or news source ratings you may view during a given period) and these limitations and restrictions may vary depending on whether you use the free version of our Services or subscribe to a Subscription Service (and depending on to which tier of our Subscription Service you subscribe). Limitations and restrictions will be as disclosed to you on the Service. By using our Service, you agree to adhere to all such limitations and restrictions. Without limiting the foregoing, you are prohibited from using different web browsers or browsers in incognito/private mode, from routinely deleting cookies or other local storage devices, or from otherwise attempting to manipulate the Service for the purposes of or in an effort to evade limitations or restrictions we have placed on your use.
Without limiting the foregoing, a Subscription Service provides a license for a single, individual user to access the subscription features available at the selected subscription tier. Multiple users may not share a single account on the Service. If we determine or suspect you have violated or attempted to violate this restriction, we may terminate your access to the Subscription Service without liability to you.
(b) Fees; Payment Terms.
We use a third-party payment platform to process our subscription Payments. You are responsible for payment of the applicable fees for any Subscription Service in which you enroll and, should your payment fail, agree that we may either terminate your subscription or suspend your access to subscription features until payment is received. Fees (plus tax, if applicable) will be charged at the time you enroll in the Subscription Service (or at the conclusion of your free trial (if any), as described below) and, for any renewal period, at the time of renewal. You may be able to choose different subscription periods and/or different payment plans depending on the Subscription Service in which you enroll.
(i) By You.
You may cancel your subscription at any time by logging into your Repustar account and selecting a free plan or disabling your account by following the on-screen links and instructions within your My Account dashboard. To avoid future charges, you must discontinue a subscription (by moving to a free plan or disabling your account) before the end of your then-current billing period.
When you cancel your subscription, your access to the Subscription Service will be terminated.
(ii) By Us.
We may discontinue any Subscription Service (or any features or part thereof) at any time for any or no reason, with or without notice to you. Our sole obligation to you in the event we terminate a Subscription Service entirely will be a pro rata refund for the remainder of your then-current, fully paid-up subscription period (if any). The Repustar Parties (defined below) will not otherwise be liable to you should we exercise such rights, even if your use of or access to the Subscription Service is adversely affected by such modification.
If you fail to pay subscription fees when due, if you have materially breached any provision of these Terms, or if Repustar is required (in its sole judgment) to do so by law (e.g., where the provision of the Subscription Service may or does become (in Repustar’s sole discretion) unlawful or violative of any third party’s rights), Repustar reserves the right to – immediately and without notice – block access to, suspend, or cancel any Subscription Service. You agree that all cancellations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any suspension or cancellation of your account.
(d) Introductory Offers and Promotional Access.
(i) Introductory Pricing & Free Trials. From time to time, we may offer (in our sole discretion) some or all new or eligible returning subscribers the opportunity to receive introductory pricing for or a free trial of a Subscription Service. For an introductory-price offer, you will be eligible to purchase the Subscription Service at a discounted price for a specified period, after which your subscription will automatically renew at the then-current full price, unless canceled beforehand. For any free trial (should we offer one), you will be eligible to use the Subscription Service without charge for a designated period, after which the subscription will renew at full price, unless canceled beforehand. (You will be required to provide payment information prior to beginning any introductory offer.) The terms of the applicable offer will be disclosed to you at the time of the offer is made.
Introductory pricing or free trials may not be combined with any other offer and are available to new or eligible returning subscribers only. If you have previously been a subscriber of the Subscription Service, you are not eligible to receive an introductory-price offer or free trial, except as otherwise expressly permitted by us in our sole discretion. We reserve the right, in our sole discretion, to determine your eligibility for an introductory-price offer or free trial and to limit your eligibility if others at your company/organization have previously received a free trial or introductory offer.
At the conclusion of an introductory-pricing period or free trial, your subscription will automatically renew at the then-current full fee for such Subscription Service as described above (plus tax, if applicable). To avoid being charged (or, for an introductory-pricing offer, to avoid additional charges at an increased price), you must cancel before the end of your introductory period or trial.
If you cancel during an introductory-pricing period, you will retain access to the Subscription Service for the remainder of your then-current, paid-up billing period. If you cancel during a free trial, we may immediately discontinue your access to the Subscription Service.
(ii) Promotional Access Periods. We may, from time to time, offer a promotional period during which non-subscribers may access a Subscription Service. At the end of any such promotional period, your access to that Subscription Service will expire and you will need to subscribe and pay the applicable subscription fee to continue using that Subscription Service.
(e) Refunds and Credits
Except in the event that we discontinue a Subscription Service entirely as set forth in subsection (c)(ii) above, we do not provide refunds or credits for any unused portions of the Subscription Services. If you cancel your subscription, you will retain access to the Subscription Service for the remainder of the billing period for which you have paid, but will not receive a refund. Any refunds, if issued (in our sole discretion), will be issued to the payment method used to pay for the Subscription Service.
(f) Changes by Repustar
We reserve the right to change the price of any Subscription Service at any time at our sole discretion. If a price change is applied to existing subscribers, we will notify you of any impending price change in advance. If you do not agree to the price change, you may terminate your subscription prior to that change taking effect.
We may introduce, change, or remove features, services, content, or materials to/from the Subscription Services at any time in our sole discretion. New or additional features, services, or materials may be a part of, or may be priced separately from, existing levels of subscription at our sole discretion.
(g) Registration Information; Subscription Not Transferable
The Subscription Service may require registration or otherwise ask you to provide information to participate. When you provide such information, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
You agree you will not sell, transfer, rent, share, or assign your account for the Services and agree to restrict access to your login credentials and device used to access the Subscription Service so that others may not use the Subscription Service through your account. If we determine or reasonably suspect you have violated this provision, we reserve the right to terminate your account or otherwise deny you access in our sole discretion without notice or liability to you.
There may be links from the Services, or in communications you receive from Repustar, to third-party websites or online features. Your correspondence and business dealings with others found on or through the Services are solely between you and the applicable third party. Neither Repustar nor its service providers are responsible for the practices of any third party.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, the Services (including, without limitation, all Materials available through the Services) are provided on an "as is," "as available," and "with all faults" basis. To the fullest extent permissible by applicable law, the Repustar Parties (defined below) make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to (a) the Services or Materials (including, without limitation, the usefulness or accuracy of any “reliability” assessment attributed by Repustar to any X (Twitter) user or news outlet) ; (b) the functions made accessible on or through the Services; or (c) security associated with the transmission of information transmitted to Repustar or via the Services. In addition, to the fullest extent permissible by applicable law, the Repustar Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. “Repustar Parties” means Repustar and its parents, subsidiaries, affiliated companies, successors, and assignees, and their respective officers, directors, employees, agents, and other representatives.
The Repustar Parties do not represent or warrant that the Services will be error-free or uninterrupted; that defects will be corrected; or that the Services or the servers that make the Services available are free from any harmful components, including, without limitation, viruses. The Repustar Parties do not make any representations or warranties that the information on the Services is accurate, complete, or useful. You acknowledge that your use of the Services is at your sole risk.
The Repustar Parties do not warrant that your use of the Services is lawful in any particular jurisdiction, and the Repustar Parties specifically disclaim such warranties. By accessing or using the Services, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services.
LIMITATION OF LIABILITY; WAIVER
Nothing in these Terms restricts, excludes, modifies, or purports to restrict, exclude, or modify any mandatory statutory consumer rights under applicable law.
To the maximum extent permitted by applicable law, the Repustar Parties will under no circumstances be liable to you for indirect, economic, special, incidental, or consequential loss or damages related to: (a) the Services or the Materials; (b) your use of, inability to use, or the performance of the Services; (c) action taken in connection with an investigation by the Repustar Parties or law enforcement authorities regarding your use of the Services; (d) action taken in connection with copyright or other intellectual property owners; (e) any errors or omissions in the technical operation of the Services; or (f) any damage that results from events beyond our reasonable control, such as damages to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any virus, bugs, tampering, fraud, unauthorized access, error, omission, interruption, defect, delay in operation or transmission, computer or network failure, or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Repustar Parties have been advised of or should have known of the possibility of such damages.
Further, the aggregate liability of the Repustar Parties arising under or with respect to these Terms or your use of the Services will in no event exceed the greater of the total cost paid by you to access and use the Services or ten U.S. Dollars (US $10). The prior limitation on damages is not intended to limit the Repustar Parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section shall not – to the extent it would be unlawful under applicable law to do so – limit or exclude the Repustar Parties’ liability for personal injury or property damage caused by the Repustar Parties, or for the Repustar Parties’ gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct.
You agree that, in the event you incur any damages, losses, or injuries that arise out of the Services or a Repustar Party's acts or omissions, the damages (if any) caused to you are not irreparable or sufficient to entitle you to an injunction preventing, in any way, the exploitation of the Services (including any Materials) or any other application, property, product, service, or other content owned or controlled by or licensed to the Repustar Parties, and you will have no right to enjoin or restrain the development, production, distribution, advertising, or exploitation of the Services (including any Materials) or any such other application, property, product, service, or content – provided that nothing in these Terms will restrict a California resident’s right under applicable law (if any) to seek public-injunctive relief in accordance with the dispute-resolution procedures set out below.
By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. In accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory. Section 1542 provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Repustar reserves the right to terminate your access to and use of the Services in its sole discretion, without notice or liability, including, without limitation, if Repustar believes your conduct fails to conform with these Terms or any Additional Terms. Repustar also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities where appropriate. Upon termination of your access to the Services, or upon demand from Repustar, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services.
Repustar also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time and from time to time, and with or without notice) any Materials, information, content, or features available on the Services, including, without limitation, the cessation of all activities associated with the Services.
LOCATION OF SERVICES AND TERRITORIAL RESTRICTIONS
The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Repustar to any registration requirement within such jurisdiction. Repustar controls and operates the Services from offices located in the United States and makes no representations or warranties that the Services (or any information or Materials included therein) are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with applicable laws. We reserve the right to limit the availability of the Services (and/or the provision of any content, service or other feature described or available thereon) to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
The Services may be subject to United States export controls. Thus, no software from this Services (if any) may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods or (b) to any party on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Commerce Department's Table of Deny Orders, or any similar trade-restriction list published by the U.S. government or who/that is otherwise subject to applicable U.S. export restrictions. By accessing the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country, on any such list or acting on behalf of a party on such list, or subject to any such restriction.
You agree to comply with all rules, laws, and regulations that are applicable to your use of the Services, including, without limitation, those governing your transmission or use of any software or data.
DISPUTES / ARBITRATION / GOVERNING LAW
YOU AGREE THAT THESE TERMS AND YOUR USE OF THE SERVICES ARE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REFERENCE TO ANY CONFLICTS OF LAW PRINCIPLE THAT WOULD RESULT IN THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
BOTH YOU AND THE REPUSTAR PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION. BOTH YOU AND THE REPUSTAR PARTIES WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION RELATED ANY DISPUTE THAT IS BROUGHT BY ANYONE ELSE. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING (OTHER THAN WITH REGARD TO A BATCH ARBITRATION AS DESCRIBED BELOW).
Except for disputes relating to the infringement of a Repustar Party’s intellectual property (such as trademarks, trade dress, copyright and patents), where a Repustar Party is seeking injunctive relief, or qualifying claims brought by either party in small-claims court (the “Excluded Disputes”), you and the Repustar Parties each agree to finally settle all disputes (including – without limitation – any dispute regarding the applicability or enforceability of this arbitration provision) only through individual arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.
The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to these Terms or your use of the Services will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within thirty (30) days of the filing of a "Demand for Arbitration," then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. If an in-person hearing is required, then it will take place in San Francisco, CA, New York City, NY, Chicago, IL, Atlanta, GA, or Dallas, TX (whichever is closest to your residence) or – if required by the JAMS rules (or the rules of any alternate arbitration service used by the parties) – in or near your county of residence. The federal or state law that applies to these Terms will also apply during the arbitration.
Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations (except for Batch Arbitration, as described immediately below); provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction located in or having jurisdiction over San Mateo County or San Francisco County, California. Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Repustar will pay as much of the arbitrator/administrative fees charged to you by JAMS as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you (but specifically excluding any of your travel or other costs to attend the arbitration hearing and your attorneys’ fees). In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Services or any other property of a Repustar Party (provided that nothing in these Terms will restrain a California resident’s right (if any) under applicable law to seek public-injunctive relief in accordance with this dispute-resolution provision).
You and Repustar agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against one or more Repustar Parties within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Repustar agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
You agree that you will be responsible for obtaining and maintaining all computer hardware and other equipment needed to access and use the Services. The failure of Repustar to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Repustar's rights with respect to such breach or any subsequent breaches. No waiver by Repustar of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Repustar. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Repustar may assign its rights and duties under these Terms to any party at any time without any notice to you. You may not assign these Terms without Repustar's prior written consent. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by an arbitrator or court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Section titles in these Terms are included only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Repustar by virtue of Repustar having drafted them. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, Disclaimer of Warranties, Limitation of Liability; Waiver, and Disputes/Arbitration/Governing Law).
OUR RIGHT TO UPDATE THESE TERMS
Repustar reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them so that they are accessible through Services, and that your use of the Services after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward.