PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Service.
These Terms of Service (“Terms”) are part of the overall agreement between you (“you” and “yours”) and Amaizing, Inc. (“we”, “us” or “our”).
By accessing or using our platform, analytics, information, applications, websites and other products and services (collectively, the “Services”), in any manner, you agree to:
(1) all terms and conditions in these Terms;
(2) our privacy policy (“Privacy Policy”); an
(3) any other standard policies or community guidelines posted in our Services, which also form part of your contract with us and must also be observed and followed (clauses (1) through (3) collectively, the “Agreement”)
The Agreement governs your use of the Services as long as you follow its terms. If you use the Services on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to the Agreement, and (b) you agree to the Agreement on the entity’s behalf.
Please note that this Agreement contains an arbitration clause and class action waiver. Please see “DISPUTE RESOLUTION; BINDING ARBITRATION” below.
You must be at least 18 years of age to use this website or any application we may use in the future and/or the other Services. By using the Services, you represent and warrant that you meet these requirements.
In order to access most features of the Services, you must register or create an account. When creating your account, you must provide accurate and complete information, and you must update it as necessary from time to time. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to the Services or any of its resources, and to terminate or suspend your access at any time, without notice.
We may elect to allow you to log into the Services via other third party authentication services, in the Third Party Platforms (as defined below). You understand that these are Third Party Platforms, and that we are not responsible for their logins, systems or data. By using third-party logins, you may be subject to their respective privacy policies and other terms of use.
You are solely responsible for your account’s activity, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or the losses of others due to such unauthorized use.
We may provide you with access to new functionality, tools, resources and related information which are not yet generally available to our customers (“Beta Version”). We may suspend, limit or terminate access to a Beta Version at any time. You agree that Beta Versions are our Confidential Information (as defined below) and not to disclose any information about any Beta Version to any third party or use the Beta Version other than for your internal testing and evaluation purposes and otherwise in accordance with this Agreement. For purposes of this Agreement, our “Confidential Information” includes the Services, any Beta Version, documentation and information about the Services and their operation or any other information which a reasonable person would understand to be confidential or proprietary in nature.
You agree that we are under no obligation to make any portion of any Beta Version generally available in a new release of the Services and that we make no representations or warranties, whether express or implied, with respect to the performance, availability, functionality or general release of any Beta Version.
Though some features of the Services are free or may be used for free during a promotional period of our choice, many features require you to purchase a subscription.
You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then monthly), and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. If you have selected an annual plan we use reasonable efforts to provide you with notice of your upcoming annual renewal.
You may cancel or downgrade the Services at any time for any reason. In order to avoid future charges you must cancel or change before the subscription period renewal date. You may make these changes to your subscription by: (1) using the self-serve functionality, (2) requesting changes through a customer support chat widget that we offer in the future, or (3) emailing our dedicated Support team at support@amaizing.io.
We currently do not offer any capability of you pausing your subscription.
You agree to pay us any applicable fees posted for the Services selected. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing us to charge the fees to the account you identify. You authorize and direct us to retain information about the payment method(s) associated with your account.
You are entitled to a full refund if you elect to terminate the Services within the first seven (7) days of your initial purchase. Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits or refunds for partially used periods or periods of non-usage. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.
Any refund of funds after termination is at our sole discretion. You must keep all contact and billing information, including payment method, up-to-date. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by us. During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using your account.
After thirty (30) days from the date of any unpaid charges, your fee-based Services will be deemed delinquent and we may terminate or suspend your account and Services for nonpayment. We reserve the right to assess an additional one and a half percent (1.5%) late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.
You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account, or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information.
The Services may be used only (i) for internal business purposes; (ii) without alteration or combination with other products, services or software except as expressly authorized in any applicable documentation; and (iii) in compliance with all applicable laws and in compliance with all documentation and instructions provided by us. We may also in the future limit the number of persons who may utilize the Services.
In addition, you expressly agree that you will not:
You will keep and protect any of our Confidential Information as confidential, using at least the same efforts you use to protect your own confidential information and in no event less than reasonable and industry standard efforts. You agree to return or destroy our Confidential Information when this Agreement is over. You acknowledge and agree that, if you violate your confidentiality obligations hereunder, we shall be entitled to seek equitable relief in any jurisdiction to prevent such violation in addition to other remedies.
Subject to your compliance with this Agreement, we hereby grant to you a limited, nonexclusive, non-transferable license to access and use the Services during the term of this Agreement.
Our obligations with respect to your personal information are set forth in our Privacy Policy.
We have no obligation to monitor the content of the Services. However, we have the right to monitor the Services electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourselves or our customers.
Once in effect, this Agreement will continue in operation until terminated by either you or us. However, even after termination, the provisions of this Agreement will remain in effect in relation to any prior use of the Services by you.
You may terminate this Agreement at any time and for any reason by providing notice to us in the manner specified in this Agreement or by canceling your subscription as described above in “YOUR OBLIGATIONS REGARDING SUBSCRIPTIONS”.
We may terminate this Agreement without notice or, at our option, or temporarily suspend your access to the Services, if you breach this Agreement. Notwithstanding the foregoing, we also reserve the right to terminate this Agreement at any time and for any reason by providing notice to you either through email or other reasonable means.
After termination of this Agreement, we will have no further obligation to provide the Services or access thereto. Upon termination, all licenses and other rights granted to you by this Agreement, if any, will immediately cease, but your licenses to us shall survive, and certain of your obligations (including payment obligations, if any) will survive in accordance with the terms hereof.
The Services may integrate and/or interact with Third Party Platforms, including via APIs or browser extensions. For example, the Services may leverage APIs from Amazon.com., Inc., Amazon Services LLC and/or its affiliates (“Amazon”) to integrate with and interact with certain Amazon services, and/or Google Chrome browser extensions. The Amazon name and brand is a registered trademark of Amazon. The Google and Chrome names and brands are registered trademarks of Google.
We have no affiliation, association, endorsement or sponsorship by Amazon, Google, Facebook, Twitter, LinkedIn, or any other similar third party platforms (collectively, “Third Party Platforms”). It is your responsibility to analyze and interpret any third party terms of service applicable to your use of the Services (collectively, “Third Party Terms”), and you acknowledge that we have no control over, and are not a party to, such terms.
In the future, the Services will require us to work with certain Third Party Platforms, such as Amazon’s Marketplace Web Services. Without limiting the generality of the foregoing, you agree to grant us access to your applicable third party account(s), such as your Amazon seller central account for Amazon’s Marketplace Web Services.
By utilizing the Services and incorporating Third Party Platforms into your account with us, you authorize us access to collect, analyze and use data you share with us and that is collected by or via Third Party Platforms (“Company Data”), including, without limitation, customer data (“Your Customer Data”).
You represent that you have the rights to access any applicable Third Party Platforms, and that you are an owner or authorized user of the Third Party Platform accounts you authorize us to incorporate. You further agree and acknowledge that we do not own or operate such Third Party Platforms and we are therefore not responsible for the operations, security, or performance of such Third Party Platforms or Company Data provided thereby.
Certain content on the Services may be supplied by third parties. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties (including other users) are those of the respective authors or distributors and not from us. You may enter into correspondence with or participate in promotions of such third parties, such as advertisers promoting their products or services. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such third party. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Services.
As a convenience to you, the Services may provide links to Third Party Platforms and their contact information, such as social-media handles and email addresses. We make no endorsement of such third parties, nor any representation or warranty regarding anything that takes place between you and any such third parties. Third Party Platforms are independent from and not controlled by us, even if, for example, a link or logo appears on a platform linked from the Services. It is up to you to read those third party sites’ applicable terms of use, privacy, and other policies.
By using the Services, you hereby release us and our affiliated companies, and each of our and their respective officers, directors, members, agents, and employees from, and waive any and all claims or claim rights that you may have against any of us, and release and indemnify us and our officers, directors, employees and agents, against any claims that any third party may have against us, arising from or related to (i) your use of any Third Party Platforms, including if accessed or used via our Services, and (ii) Third Party Terms, applicable privacy policies or any other rules or regulations of such third parties entered into by you or applicable to you.
We provide the Services using a combination of our own technology and third-party providers, including external providers of artificial intelligence (“AI”) models or related services that you access through your use of the Services (for example, AWS, OpenAI, Google, Perplexity and Anthropic) and Stripe for payments. Because we do not fully control these providers, we cannot guarantee the uninterrupted availability, performance, or security of the Services. You understand and agree that interruptions, delays, or errors may occur, that we are under no obligation to make any Services or features available in any jurisdiction, and that we will not be responsible for issues caused by those providers or by events beyond our reasonable control (including local applicable laws or force majeure events).
The Services use artificial intelligence models. The Services may contain errors, inaccuracies, or other issues and should not be relied upon without your own independent review and validation. For example, external providers of AI models or related services that are incorporated into the Services may remove built-in safety measures in their respective models that are important to you, and we cannot be held accountable for the outcome of usage. You are solely responsible for reviewing, validating, and using any AI output included in the Services, whether it is generated through:
You assume full responsibility for your use of any AI output that is included in the Services and agree not to rely on it for critical or high-risk functions (including medical, legal, financial, or safety-related purposes) without appropriate safeguards. You acknowledge and agree that any AI output in the Services may be similar or identical to content generated for other customers who submit requests during their use of the Services. We do not guarantee that any AI output that is included in the Services will be unique, free of third-party rights, accurate, or suitable for any particular purpose.
You grant us the right to use Company Data for purposes of us providing the Services, enhancing our Services, collecting and delivering market insights, predicting outcomes, and other business purposes. Such data may include without limitation sales data and information, pricing, shipping costs, and other similar information, or other information provided for the Services. For clarity, this information is not considered confidential information or personal information of yours for purposes of this Agreement.
You represent and warrant that you have all necessary rights, consents and approvals, to grant us this access and this information for such uses. You further agree not to provide any Company Data that violates the privacy rights of any individual or intellectual property rights of any third party or to which you do not have rights.
You will retain any and all rights in Company Data subject to your grant to us of a non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, and display such Company Data, including data from Third Party Platforms in order to provide you with the functionalities and features of the Services.
Except as otherwise set forth herein, we will only collect and process Your Customer Data in order to provide the features and functionalities of the Services. In no event will we sell Your Customer Data or use it for marketing or promotional purposes. All collection, use, and processing of Your Customer Data shall comply with all applicable laws, rules and regulations. We shall implement and maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Your Customer Data provided that you acknowledge that no security measures involving transmission of information on the Internet are perfect. We shall maintain security incident management policies and procedures and shall, to the extent permitted by law, promptly notify you in the event of any unauthorized access to or disclosure of Your Customer Data. We shall make reasonable efforts to identify and remediate the cause of such actual or reasonably suspected security breach.
Notwithstanding the foregoing, you agree that we are free to use and disclose Your Customer Data in aggregated, anonymous form for the purposes of general statistical analysis, improvement of the Services and our other services, and to create reports, evaluations, benchmarking tests, studies, analyses and other work product related to the foregoing; however, we shall not distribute any such aggregated data in a manner that identifies any of your customers or is otherwise identifiable as originating from you without your prior, written consent.
Without limiting the foregoing, you expressly represent and warrant that all Your Customer Data was collected and provided by you in accordance with our Privacy Policy, applicable Third Party Platform policies and all applicable laws.
Certain material you may post on our Services is or may be available to the public, including without limitation any public profile data, feedback, questions, comments, suggestions, uploads, blog entries, ratings, reviews, images, videos, poll answers, etc., in any form or media, that you post via the Services or otherwise (collectively, “Public Postings”). These Public Postings will be treated as non-confidential and nonproprietary. You are responsible for any Public Postings and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your address, the address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF PUBLICLY SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON THE SERVICES.
Other content or communications you transmit to us, including without limitation any feedback, data, questions, comments, suggestions, in any form or media, that you submit to us via e-mail, the Services or otherwise (to the extent excluding any personal information, collectively, “Submissions”), will be treated as non-confidential and nonproprietary.
By providing any Public Posting or Submission, you (i) grant to us a royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works (including products) from, distribute, and display such content throughout the world in all media and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Services pursuant to this Agreement; (ii) agree that we shall be free to use any ideas, concepts or techniques embodied therein for any purpose whatsoever, including, but not limited to, developing and marketing products or services incorporating such ideas, concepts, or techniques, without attribution, without any liability or obligation to you; and (iii) grant to us the right to use the name that you submit in connection with such content. In addition, you hereby waive all moral rights you may have in any Public Posting or Submissions.
You shall be solely responsible for your own content and any Public Postings and Submissions. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you post or submit. You further agree that content you submit via Public Postings or Submissions will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. You further agree that you will not submit to the Services any content or other material that is contrary to any posted “community guidelines” or similarly titled document, if any, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
We do not endorse any content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Services, and we will remove all content if properly notified that such content infringes on another’s intellectual property rights as set forth herein below. We reserve the right to remove content without prior notice. We reserve the right to decide whether your content violates this Agreement for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and in our sole discretion, remove such content and/or terminate a user’s account or otherwise block access for submitting such material in violation of this Agreement.
We are not responsible for end user error or errors in inputs or for errors in any user supplied data. We do not independently verify the truthfulness or accuracy of any data or content input into the Services and are not responsible for the fraud, misrepresentation, negligence or misconduct of any end user or other third party.
If you are not completely satisfied with the Services, your sole remedy is to cease using the Services. With respect to any fee-based Services, if you signed up for a designated term or timeframe, you will still be responsible for payment for the full term. If you did not subscribe for any minimum period, then you may cancel at any time on thirty (30) days advance notice, and cease to use the Services, then you will not be charged any additional amounts after the effective date of such termination. In any case, you will be responsible for any and all charges and activity accrued prior to your Services termination date, and those obligations will survive your termination of the Services. We undertake to use commercially reasonable efforts to ensure that the information and analysis we provide is current and accurate, however, we do not warrant the accuracy of information or analysis, including in data used as part of the claims process.
THE SERVICES AND ALL INFORMATION, CONTENT, AND MATERIALS RELATED TO THEM, ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. ALTHOUGH INFORMATION THAT YOU SUBMIT MAY BE PASSWORD PROTECTED, WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SERVICES AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE THROUGH THE SERVICES.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, INCLUDING IF AND TO THE EXTENT ANY OF THE FOREGOING ARISE IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF US TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, EXCEED THE TOTAL FEES PAID TO US BY YOU, IF ANY, DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM (OR $10 IF THE SERVICES ARE FREE). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SERVICES TO YOU AND WE WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT THIS LIMITATION.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR AFFILIATED COMPANIES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, CLAIMS, JUDGMENTS, COSTS, EXPENSES AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY US OR SUCH PARTIES AND/OR ARISING OUT OF OR RESULTING FROM (1) ANY ACTUAL OR ALLEGED VIOLATION BY YOU OF THIS AGREEMENT (INCLUDING ANY REPRESENTATION OR WARRANTY HEREIN); (2) ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES WITH YOUR PASSWORD; (3) YOUR USE OF AND ACCESS TO THE SERVICES; (4) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY THIRD PARTY RIGHT; (5) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY LAW, RULE OR REGULATION; AND/OR (6) YOUR CONTENT OR DATA, INCLUDING IF IT CAUSES ANY DAMAGE TO A THIRD PARTY. YOUR DEFENSE, INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS IN THIS AGREEMENT WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE SERVICES.
We shall not be liable for any circumstances arising out of causes beyond our reasonable control or without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures, or other force majeure.
Should there be a conflict between this Agreement and any order form or other written correspondence we may use for your use of the Services, the terms of such order form or correspondence shall take precedence.
We may change the terms of this Agreement from time to time. You will be notified of any such changes via e-mail (if you have provided a valid email address) and/or by our posting notice of the changes on the Services (which may consist of publishing the changes on our website or application). Any such changes will become effective when notice is received or when posted on the Services, whichever first occurs. If you object to any such changes, your sole recourse will be to terminate this Agreement. Continued use of the Services following such notice will indicate your acknowledgement and agreement to be bound by such changes.
We reserve the right to modify or discontinue the Services at any time with or without notice to you, including without limitation by adding or subtracting features and functionality, third party content, etc. In the event of such modification or discontinuation of the Services, your sole remedy shall be to terminate this Agreement or cancel your subscription (as set forth above in “YOUR OBLIGATIONS REGARDING SUBSCRIPTIONS”), as applicable. Continued use of the Services following notice of any such changes will indicate your acknowledgement and acceptance of such changes and satisfaction with the Services as so modified.
We and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Services, the website and any application and all information, content, software, analytics and other software and materials provided by or on behalf of us, including but not limited to all text, images, videos, logos, button icons, audio clips, and the look and feel of the website and application and our brands and logos, and any data compilations, including without limitation any data input by or on behalf of us or our third party providers, and any data to the extent processed by, or resulting as an output of, the Services, and all Services usage data, statistical data or aggregated data collected or reported with respect to the any part or all of the Services.
Unless otherwise stated, all content in our websites, applications or other Services, is our property or the property of third parties. These contents are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws.
Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to us, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become our property.
The Services are controlled and operated by us from within the United States with limited administration from outside the United States. We make no representation that this site is available for access or use at other locations outside the U.S. However, any access or use from outside the U.S. remains subject to this Agreement. You agree not to access or use any information or materials on the Services in violation of U.S. export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing the Services.
Except for disputes in which a party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, or with respect to court proceedings in which we may seek to recover payment due from you, you and we waive rights to a jury trial and to have any dispute arising out of or related to this Agreement or the Services resolved in court. Instead, all disputes arising out of or relating to this Agreement or the Services will be resolved through confidential binding arbitration held in Wilmington, Delaware in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS web site (www.jamsadr.com) and are hereby incorporated by reference.
You and we each agree that this Agreement affects interstate commerce and that the enforceability of the provisions under this section “DISPUTE RESOLUTION; BINDING ARBITRATION” will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Agreement. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and we each agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by us, we will pay all JAMS fees and costs.
The laws of the State of Delaware, without regard to conflicts of law principles thereof, will apply to all matters related to the Services and this Agreement, except that the arbitration provision above will be governed by the FAA. The parties submit to the exclusive legal jurisdiction and venues of the Courts of the State of Delaware.
You may not assign your rights or obligations hereunder, and any attempt by you to sublicense, assign or transfer any of the rights, duties or obligations hereunder or to exceed the scope of this Agreement is void. In the event that we are sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume our obligations under this Agreement.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
This is the entire agreement between you and us with regard to the matters described herein and govern your use of the Services, superseding any prior agreements between you and us with respect thereto. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement or related to use of the Services must be filed within six (6) months after such claim or cause of action arose or be forever barred.
You may contact us regarding this Agreement or the Services at:
Amaizing, Inc.
8 The Green, Suite B
Dover, DE 19901 USA
Contact: support@amaizing.io
