These Terms apply to any website, mobile application, feature, widget, or other online service or feature that is owned and controlled by Repustar, Inc. (“Repustar”) and that posts a link to or includes these Terms (collectively, the “Sites”). These Terms do not apply to any other Repustar website, application, or online service or to offline activities by Repustar (unless such service expressly posts a link to or otherwise indicates that it is governed by these Terms).
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 any Repustar Party (defined below) will be resolved by binding, individual arbitration. 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 Sites or a subset of users (“Additional Terms”) – including, without limitation, when you provide research and review services through the Sites as a Repustar “Reviewer.” In those cases, the Additional Terms control to the extent there is a conflict with these Terms.
If you are accessing the Repustar mobile app on Apple Inc.’s (“ Apple”) iOS platform (“iOS App”), you acknowledge that Apple is not a party to and has not agreed to these Terms; that Apple is not a sponsor of, affiliated with and does not otherwise endorse the Sites or Materials (defined below); that Repustar, and not Apple, is responsible for the Sites; and that your use of the Sites is also subject to Apple's Usage Rules as set forth in the Apple Media ServicesTerms and Conditions.
TABLE OF CONTENTS
- Ownership of Materials
- Your License to Use Materials on Our Sites
- User Content
- Acceptable Use Policy
- Reporting Copyright and Other Intellectual Property Violations
- Third-Party Links and Content
- Disclaimer of Warranties
- Limitation of Liability; Waiver
- Territorial Issues & Restrictions
- Disputes/Arbitration/Governing Law
- Third-Party Beneficiary
- Our Right to Update These Terms
- Contacting Us
OWNERSHIP OF MATERIALS
Unless otherwise explicitly specified and except for User Content and Third-Party Flagged Materials (each defined below) provided by you and other users of the Sites, all materials that are included in or are otherwise a part of the Sites (and all past, present, and future versions thereof), including, without limitation: graphics, layout, text, instructions, widgets, images, audio-visual content, 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 Sites, the compilation, assembly and arrangement of the materials of the Sites, and all other content/materials related to the Sites (collectively, the "Materials") are owned, controlled or licensed by Repustar (or its parent, 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, except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.
YOUR LICENSE TO USE MATERIALS ON OUR SITES
Subject to your strict compliance with these Terms, Repustar grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to download, view and/or use the Sites (and all Materials included in or available through the Sites) on any device that you own or control for your personal, non-commercial use only, to distribute Materials through any sharing functionality expressly built into the Sites by Repustar, and – if you are accessing the iOS App on Apple’s iOS platform – as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the Sites or Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Sites 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 any Sites’ software or other coding; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Sites creates to generate its content or any software or other products or processes accessible through the Sites; and (e) you do not insert any code or product to manipulate the Sites 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 Sites or Materials (except as may be a result of standard search engine or Internet browser usage).
We reserve all other rights to the Sites and Materials. You may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Sites or Materials without our permission. You also may not transfer, resell or sublicense this limited right to use the Sites. Repustar reserves the right to charge for use of the Sites, in whole or in part, and to change or add new fees from time to time in its discretion.
The Sites may require registration or otherwise ask you to provide information to participate. When you provide information to the Sites, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree you will not sell, transfer or assign your account and agree to restrict access to your device(s) used to access the Sites so that others may not access the restricted portions of the Sites using your account. We reserve the right to terminate your account or otherwise deny you access in our sole discretion without notice.
The Sites provide you the opportunity to post, link to, or otherwise submit content and to communicate with us and other users. These features through which you may post or submit content are collectively referred to as the " Community Forums." You may choose, through such features or otherwise, to submit or post videos, audio recordings, photographs, text, or other content (collectively, “User Content”).
You may also submit or identify news, social media, and other third-party content (in whole or part) for potential review by a Repustar Reviewer (a “ Flag”). A Flag you submit will typically include both your own User Content and the third-party content that you are identifying for possible review (“Third-Party Flagged Materials”). For the purpose of clarity, Third-Party Flagged Materials are those posted online by third parties and that you necessarily do not own or control. Any content or materials that you submit to the Sites and that you created or otherwise own the rights to or have a license to use from rights owner will be considered your “User Content” for purposes of these Terms and not “Third-Party Flagged Materials.”
User Content submitted by Reviewers in providing claim-verification services for the Sites may be subject to different policies and restrictions, as set out in the agreement between Repustar and the applicable Reviewer (which will control in the event it conflicts with these Terms).
Responsibility for Submitted Content. You understand that you are solely responsible for your User Content, however submitted. By submitting User Content or any Third-Party Flagged Materials, you represent and warrant to Repustar that your User Content and the Third-Party Flagged Materials you submit: (1) are not confidential and that you have all necessary permission to submit them; and (2) does not infringe upon, misappropriate, or violate the rights of any third party (including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights) or defame any third party.
If you submit any Third-Party Flagged Materials (other than solely by reference to the URL where such Third-Party Flagged Materials are hosted on another website or online service), you agree that you are legally entitled to submit to Repustar such Third-Party Flagged Materials and that, in any case, you will submit to Repustar the minimum excerpt, clip, or other segment of the Third-Party Flagged Materials necessary to explain the nature of your Flag and the claim to be verified.
Repustar does not control the User Content or Third-Party Flagged Materials made available via the Sites and therefore does not guarantee the accuracy, integrity, quality or lawfulness of any such User Content or Third-Party Flagged Materials. You understand that by using the Sites, you may be exposed to other User Content and/or Third-Party Flagged Materials that are offensive or objectionable.
Rights You Grant to Us. Whenever you submit or otherwise make available User Content via a Community Forum or directly to Repustar (including through use of a help, support, feedback, or “Contact Us” feature) you: (1) grant to Repustar an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast, and perform that User Content – and your name, voice, likeness and other identifying information in connection with that User Content – via any medium now known or later developed, without any compensation to you, without any right to review or approve such uses, and without any obligation by Repustar to attribute your User Content to you; and (2) waive all of your moral rights in that User Content to the fullest extent permitted by law, even if the User Content is altered or changed in a manner not agreeable to you. You further authorize Repustar to publish your User Content such that it may be accessed by users of the Sites or the general public.
Right to Screen and Remove Content. We have no obligation to monitor the Sites or any User Content or Third-Party Flagged Materials made available via the Sites. However, you acknowledge and agree that we have the right to monitor the Sites and User Content or Third-Party Flagged Materials that you submit and the right (but not the obligation) to delete, edit, move, or disable any such content in whole or in part, before or after it appears on the Sites, subject to Repustar's sole discretion. Repustar reserves the right to suspend or terminate your access to the Sites at any time. Under no circumstances will we be liable in any way for any User Content or Third-Party Flagged Materials, including, but not limited to, the content of any User Content or Third-Party Flagged Materials, any loss of your User Content or for any loss or damage of any kind incurred as a result of any user’s User Content.
No Confidential Relationship/No Unsolicited Materials. User Content and Third-Party Flagged Materials will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure of User Content or Third-Party Flagged Materials, to the fullest extent permitted by applicable law. You acknowledge and agree that your relationship with Repustar is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content or identify any Third-Party Flagged Materials does not place Repustar in a position that is any different from the position held by members of the general public, including with regard to your User Content. No User Content or Third-Party Flagged Materials will be subject to any obligation of confidence on the part of Repustar.
No Obligation to Use. You agree and understand that we are not obligated to post, keep or use your User Content or Third-Party Flagged Materials.
User Interactions. You are solely responsible for your interaction with other users, whether within the Sites or elsewhere. We are not responsible for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others.
ACCEPTABLE USE POLICY
When you contribute, upload, or otherwise provide your User Content to the Sites, you agree to comply with the following requirements:
A. User Content must be your own. All User Content must be created by you and you must have all rights in the User Content OR all persons who contributed in any way or have any rights to your User Content, or otherwise appear in the User Content, must have given you permission to upload and distribute the User Content on the Sites and elsewhere. Do not use any User Content that belongs to other people without their permission – this means you may not include any content owned or created by someone else, including, without limitation, content you found elsewhere on the Internet.Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with these Terms.
B. Follow codes of social decency. Be respectful. Do not make personal attacks. Express yourself with non-offensive individual self-expression so we can continue to build a community for everyone to enjoy. Your User Content may not threaten, abuse or harm others; harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not include any negative comments that are connected to race, national origin, religion, gender, sexual preference or physical handicap or that are defamatory, indecent, obscene, pornographic or sexually explicit.
C. No User Content that is violent, illegal or promotes inappropriate activity. Your User Content must not violate any law. Your User Content may not promote any illegal activity or violence, nor describe how to perform a violent act. If you submit User Content that is illegal, violent in nature, or otherwise inappropriate, we reserve the right to take any action that we deem appropriate in our sole discretion, including, without limitation, reporting you to law enforcement.
D. Represent yourself truthfully. Honesty and accuracy are at the core of Repustar’s mission. When using the Sites, do not hold yourself out as a representative of Repustar or otherwise impersonate any other person/party. Do not submit User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with Repustar or any other person/party. (Note that this restriction is about your own User Content, not Third-Party Flagged Materials that you may – for example – have flagged specifically out of concern that that they are false or misleading.)
E. Keep private information private. Remember that Community Forums are visible to others. If there is something you do not want the world to see, do not post it on the Sites. Remember also that what is true for you is true for others. Your User Content may not reveal another person's address, phone number, email address, or any information that may be used to track, contact, or impersonate that individual or that is personal in nature.
F. No User Content for commercial purposes. Your User Content may not advertise or promote a product or service. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
G. Do not damage the Sites or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Site or any computer system.
For Third-Party Flagged Materials, you understand that Repustar’s primary mission is to help users assess the veracity of claims made by third parties. While the above requirements apply to your User Content specifically, you also agree not to submit any Third-Party Flagged Materials for purposes other than a good-faith desire to have the accuracy of claims made in that content evaluated. Without limiting the generality of this commitment, you specifically agree not to submit any Third-Party Flagged Materials that are (in our sole discretion) pornographic or sexually explicit, are illegal, maliciously disclose the personal information of others, are wantonly hateful or offensive, or are otherwise not reasonably capable of being subjected to Repustar’s claim-verification process.
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use the Sites for any purpose or in any manner that infringes the rights of any third party. Repustar encourages you to report any content on the Sites 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 Sites infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
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 posting user, the URL of the post, and the date it was posted); (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on the Sites 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 posting user, the URL of the post, and the date it was posted); (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 Sites or other complaint regarding alleged violation of rights to Repustar’s copyright agent, who can be reached as follows:
Name/Title/Dept.: Copyright Agent
Mailing address: c/o Repustar Inc., 751 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. See the “Contacting Us” section below for general contact information.
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. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
THIRD-PARTY LINKS & CONTENT
The Sites include third-party content and links to third-party online services that we do not control, maintain or endorse – including Third-Party Flagged Content. Communications you receive from Repustar may similarly include third-party links and third party-hosted content. No Repustar Party (defined below) is responsible for the practices of any third party. We do not control any of these third-party sites or any of their content. Accordingly, you understand and agree that we are not responsible for your use of these services provided by third parties, and that your use of such services is subject to the terms and conditions established by such third parties
Any sweepstakes, contest, or promotion ("Promotion") accessible through the Sites may be governed by its own set of official rules or terms. By entering or participating in such Promotion, you agree to those official rules or terms.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, the Sites (including, without limitation, all Materials available through the Sites) 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 Sites or Materials; (b) the functions made accessible on or through the Sites; or (c) security associated with the transmission of information transmitted to Repustar or via the Sites. 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 Sites will be error-free or uninterrupted; that defects will be corrected; or that the Sites or the servers that make the Sites 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 Sites is accurate, complete, or useful. You acknowledge that your use of the Sites is at your sole risk.
The Repustar Parties do not warrant that your use of the Sites is lawful in any particular jurisdiction, and the Repustar Parties specifically disclaim such warranties. By accessing or using the Sites, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Sites.
If you are using the iOS App on Apple’s iOS platform, then the following additional provisions apply to you:
- In the event of any failure of the iOS App to conform to any warranty not effectively disclaimed in these Terms, you may notify Apple, and Apple will refund the purchase price for the iOS app (if any) to you; and, to the maximum extent permitted by applicable law, Apple and Repustar will have no other warranty obligations whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty not effectively disclaimed in these Terms will be Repustar’s sole responsibility. Notwithstanding the foregoing, you and Repustar acknowledge that Apple has no obligation to furnish any maintenance and support service with respect to the iOS App.
- Subject to these Terms, but notwithstanding anything to the contrary contained herein, you and Repustar acknowledge that – as between Apple and Repustar – Repustar is responsible for addressing any claims you may have relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (a) product-liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
LIMITATION OF LIABILITY; WAIVER
Nothing in these Terms restricts, excludes or 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 Sites or the Materials; (b) your use of, inability to use, or the performance of the Sites; (c) User Content or Third-Party Flagged Materials; (d) action taken in connection with an investigation by the Repustar Parties or law enforcement authorities regarding your use of the Sites; (e) action taken in connection with copyright or other intellectual property owners; (f) any errors or omissions in the Sites' technical operation; or (g) 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, 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 Sites will in no event exceed the greater of the total cost paid by you to access and use the Sites 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 will not 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 or to exclude or limit their liability to you where it would be unlawful under applicable law to do so.
You agree that, in the event you incur any damages, losses or injuries that arise out of the Repustar Parties’ acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of the Sites (or any component thereof, including any Materials or User Content) or any other application, property, product, service, or other content owned or controlled by the Repustar Parties, and you will have no right to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Sites (or any component thereof, including any Materials) or any such other application, property, product, service, or content.
By accessing the Sites, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and 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, which provides as follows: "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 Sites in its sole discretion, at any time and 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. Upon termination of your access to the Sites, 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 Sites.
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, or content available on the Sites, including, without limitation, the complete discontinuance of the Sites and cessation of all associated activities.
TERRITORIAL ISSUES & RESTRICTIONS
The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Repustar to any registration requirement within such jurisdiction or country. Repustar controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing the Sites 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 Sites (and/or the provision of any content, program, product, service or other feature described or available thereon) to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
The Sites may be subject to United States export controls. Thus, no software from the Sites 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 anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or who is otherwise subject to applicable U.S. export or commercial restrictions. By accessing the Sites, 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 subject to any such restriction.
You agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.
You agree that these Terms and your use of the Sites are governed by the laws of the State of Delaware, USA.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. 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.
The parties each agree to finally settle all disputes only through individual arbitration; provided, however, the Repustar Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts located in San Mateo County, California, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is 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 elsewhere in this section, any claim, suit, action or proceeding arising out of or relating to these Terms or your use of the Sites (including your provision of services as a Reviewer) will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) 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, Chicago, IL, New York City, NY, Atlanta, GA or Dallas, TX (whichever is closest to your residence) or – where required by the JAMS rules – in or near your place of residence. 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; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, 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, California. The Repustar Parties agree to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. 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 Sites (or the Materials or any User Content), provided that nothing in these Terms will restrict a California resident’s right (if any) to pursue public injunctive relief (in a manner otherwise in accordance with this dispute-resolution provision).
If you access or use the Sites via iOS App, you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of the Terms. If you are accessing the Sites via iOS App, you agree that if the Sites or your possession and use of the Sites infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
Unless otherwise indicated in a written agreement between you and Repustar, these Terms and any applicable Additional Terms constitute the entirety of your agreement with Repustar regarding your use of the Sites. You agree that you will be responsible for obtaining and maintaining all computer hardware and other equipment needed to access and use the Sites. 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, Indemnification, 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 Sites, and that your use of the Sites 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 Sites. 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 Sites from that point forward.
If you have any questions regarding these Terms, please contact us at firstname.lastname@example.org.