TERMS AND CONDITIONS:
Hey Sis, We would like to get to know you a little better so we can better serve you. Information you provide would help us with programming, membership, and sponsorship. Thank you for being a part of the sisterhood and making it strong.
We want to hear from you: We are here to listen and support, drop us a line at yoursistas@wolomi.com.
Sis thanks for trusting us with your questions. Please note the chat is for informational and educational purposes only. It is not a substitute for a relationship and consultation with your Provider. Do not delay care because of anything you read on this platform. For more information please refer to the Mobile Application agreement. The questions you post can be viewed by other sistas who are on the same journey. Please do not share private information that you do not want to be seen by others. Some of our experts will be able to answer your questions or comments within 72 hours and some might take longer.
Listen up sistas: we strive to create a safe, empowering, sound and non-judgemental sistahood of mamas and others who love them that is rooted in knowledge, love and power. Please refrain from any form of violence, child sexual exploitation, abuse/harassment, terrorism/violent extremism, hateful conduct, suicide or self-harm promotion, sensitive media including graphic violence and adult content, and illegal or certain regulated goods or services. This is our house, respect the sistahood. Don't come up in here and mess up our sanity and edges.
Since the Mobile Application offers non-tangible, irrevocable goods we do not provide refunds after the product is purchased, which you acknowledge prior to purchasing any product in the Mobile Application.
Agreement
By downloading this app, you are agreeing to the terms and conditions of the site and mobile app.
Please read these terms carefully. If you do not agree with all of them, you may not use the Services.
BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND WOLOMI. You acknowledge that your use of the Services constitutes the use of an electronic signature, and you agree that using the Services is your written acknowledgement that you were provided with the information in these Terms. Your use of the Services after your initial acceptance, even if these Terms of Use change, demonstrates your continued acceptance of these Terms.
If you would like to contact us concerning any matter relating to this Refund Policy, you may do so via the contact us on tab on the app.
By downloading this app, you are agreeing to the terms and conditions of the app.
Updated: June 27, 2022
The Site and Mobile Application offer birth and health related information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITE OR MOBILE APPLICATION, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR THE MOBILE APPLICATION. THE USE OF ANY INFORMATION PROVIDED ON THE SITE OR THE MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Site or Mobile Application is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and OB/GYN counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Site or Mobile Application and no assurance can be given that the information contained in the Site or the Mobile Application will always include the most recent findings or developments with respect to the particular material. Your access or use of the Site and Mobile Application does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Site or Mobile Application. If you rely on any of the information provided by this Site or Mobile Application, our employees, or guests or visitors to the Site or Mobile Application, you do so solely at your own risk.
You agree to abide by all applicable local, state, national, and international laws and regulations. You also acknowledge and agree that your use of the Internet and access to the Site and Mobile Application is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Site or Mobile Application over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Wolomi is not responsible for the security of any information transmitted to or from the Site or Mobile Application. Wolomi reserves the right to prohibit or terminate use of or access to the Site or Mobile application at any time, without notice, for any reason whatsoever.
These Terms of Use provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site and Mobile Application conditioned on your continued compliance with these Terms of Use. You may print and download materials and information from the Site or Mobile Application solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
4. Prohibited Activities.
The Site and Mobile Application are not intended for children under the age of 16 (or applicable age in your country) and children under 16 (or applicable age in your country) should not use the Site or Mobile Application. You acknowledge and agree that the Site and Mobile Application contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Wolomi, its Licensors or our content providers. Unless otherwise specified in writing, the Site and Mobile Application are for your personal and non-commercial use. In connection with your use of the Site and/or Mobile Application, you acknowledge and agree that you will not: 1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or Mobile Application; 2. Access the Site or Mobile Application by any means other than through the standard industry-accepted or Wolomi-provided interfaces; 3. Post or transmit any material that contains a virus or corrupted data; 4. Delete any author attributions, legal notices or proprietary designations or labels; 5. Violate any applicable local, state, national or international law, rule or regulation or use the Site and/or Mobile Application for any purpose that is prohibited by these Terms of Use; 6. Manipulate or otherwise display the Site and/or Mobile Application by using framing or similar navigational technology; 7. Register, subscribe or unsubscribe any party for any Wolomi product or service if you are not expressly authorized by such party to do so; 8. Use the Site or the Mobile Application in any manner that could damage, disable, overburden or impair Wolomi's servers or networks, or interfere with any other user's use and enjoyment of the Site and/or Mobile Application; 9. Gain or attempt to gain unauthorized access to any of the Site, Mobile Application, accounts, computer systems or networks connected to Wolomi through hacking, password mining or any other means; 10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Mobile Application or harvest or otherwise collect information about other users without their consent; 11. Use the site in any manner that could damage, disparage, or otherwise negatively impact Wolomi. In addition, you agree to comply with our Posting Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY WOLOMI TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
5. Message Boards, Chat Rooms and Posting Guidelines.
Wolomi hosts message boards, chats and other public forums on its Mobile Application. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Site and Mobile Application. These are public forums and any information that you post on the Site or Mobile Application may be seen by anyone on the Internet. Any user will have the ability to edit or delete their own posts after posting. When posting information on the Site or Mobile Application, use good taste when discussing sensitive topics. Both users and moderators are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and do not post rumors or negative opinions that are not supported by facts. Unless the information in your post arises directly from your personal experience, references to any health related or medical information you provide must be included in your post.
In addition to the prohibited activities described above, when posting information and media in the Site or Mobile Application you must not:
Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future. Wolomi or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations. Wolomi expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will Wolomi, or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Wolomi, its or any of their subsidiaries or affiliates. Wolomi have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion. Wolomi employees typically moderate our boards on a daily basis. Unless otherwise stated, these moderators are not medical professionals and should not be construed as such. Our moderators reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. In addition, Wolomi and Wolomi’s moderators reserve the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these Terms. By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submission Materials"), or by posting such Submission Materials on the Site or Mobile Application, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to Wolomi shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow Wolomi's use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.
Certain products or services may be offered for sale on the Site or through the Mobile Application. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by Wolomi or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third parties with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing Wolomi with your credit card number and associated payment information, you agree that Wolomi and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the services and/or purchase of products. In the event that access to an applicable product or service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or Mobile Application or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify Wolomi of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys' fees. To review the billing terms on your account or to terminate a subscription service, you may email to hello@wolomi.com Monday through Friday, 9 a.m. to 8 p.m. EST.
7. Third Party Content.
Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site or Mobile Application by third parties, including information providers, are those of the respective authors or distributors and not of Wolomi. Neither Wolomi, its Licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither Wolomi nor its Licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on the Site or Mobile Application by anyone other than an authorized Wolomi or Licensor representative while acting in his/her official capacity. You may be exposed through the Site or Mobile Application to content that violates our policies, is sexually explicit or is otherwise offensive. You access the Site and Mobile Application at your own risk. We take no responsibility for your exposure to third party content on the Site or Mobile Application. Wolomi and its Licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that we do not advocate the use of any product or procedure described in the Site or Mobile Application, nor are we responsible for misuse of a product or procedure due to typographical error.
8. Accounts, Passwords and Security.
If any of the Site or Mobile Application require you to open an account, you must complete the registration process by providing Wolomi with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Wolomi which is untrue, inaccurate, not current or incomplete, Wolomi reserves the right to terminate your access and use of the Site and/or the Mobile Application. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Wolomi immediately of any unauthorized use of your account or any other breach of security. Neither Wolomi nor its Licensors will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Wolomi, its Licensors or another party due to someone else using your account or password.
9. Disclaimer Regarding Linked Third Party Site.
The links on any of the Site and/or Mobile Application will let you leave the particular Site or Mobile Application you are accessing in order to access a linked third party site (the "Linked Site "). Wolomi provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has Wolomi reviewed or approved the content which appears on the Linked Site. Wolomi is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Site. You acknowledge and agree that Wolomi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Site.
10. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through our Site and Mobile Application, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Wolomi shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
11. Privacy.
Wolomi's privacy policy with respect to the collection and use of your personally identifiable information is set forth a www.wolomi.com and is incorporated by reference into these Terms of Use. BY ACCESSING THE SITE AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.
12. Disclaimer of Warranties.
THE SITE AND MOBILE APPLICATION, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND MOBILE APPLICATION ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WOLOMI, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND/OR MOBILE APPLICATION AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITE OR SERVER(S) ON WHICH THE SITE OR MOBILE APPLICATION ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND MOBILE APPLICATION AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND MOBILE APPLICATION ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITE OR THROUGH THE MOBILE APPLICATION. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE OR MOBILE APPLICATION.
13. Limitation of Liability.
NEITHER WOLOMI NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR MOBILE APPLICATION; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR MOBILE APPLICATION; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR MOBILE APPLICATION; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE AND/OR MOBILE APPLICATION; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR MOBILE APPLICATION; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR MOBILE APPLICATION; OR (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR MOBILE APPLICATION. IN NO EVENT SHALL THE TOTAL LIABILITY OF WOLOMI OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITE AND/OR MOBILE APPLICATION. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
14. Indemnification.
You agree to indemnify, defend and hold Wolomi and its Licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these Terms of Use; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Site or Mobile Application.
15. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Wolomi infringe your copyright, you or your agent may send to Wolomi a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Wolomi actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Wolomi a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
16. Jurisdictional Issues.
Wolomi makes no representation or warranty that the content and materials on the Site or Mobile Application are appropriate or available for use in locations outside the United States. Those who choose to access the Site or use the Mobile Application from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Wolomi reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site or the Mobile Application to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
17. Termination.
You agree that Wolomi, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Site or Mobile Application, and remove and discard any content within the Site or Mobile Application, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
18. Governing Law.
These Terms of Use and the relationship between you and Wolomi shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and Wolomi irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
19. Waiver and Severability.
The failure of Wolomi to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.
20. Successors and Assigns.
We may perform any of our obligations or exercise any of our rights under this Terms of Use through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If Wolomi or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this Terms of Use. You may not assign your rights or obligations under this Terms of Use, by operation of law or otherwise, without our prior written consent.
21. Data rates
You will be able to access the Sites or Application through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data plan to understand any relevant costs incurred by your use. We cannot be responsible for any fees charged by your data or cell phone carrier.
22. Arbitration Clause
ARBITRATION NOTICE: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before a single arbitrator. The arbitration shall be administered JAMS, pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of this Section entitled “Binding Arbitration” shall be null and void.
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
23. Updates
We may modify these Terms of Use at any time, as we deem appropriate. If you disagree with the changes to the Terms of Use, you must discontinue your use of the Site and Mobile Application, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Site or Mobile Application following such notice signifies your acceptance of the modified Terms of Use. It is your responsibility to review the Terms of Use regularly to be aware of such modifications. We reserve the right to modify or discontinue the Site or Mobile Application with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site or Mobile Application. If you object to any such changes, your sole recourse will be to cease access to the Site or Mobile Application. Continued access to the Site or Mobile Application following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Site or Mobile Application as so modified and your use of new Site or Mobile Application will be governed by these Terms of Use.
Date of Last Revision: June 27, 2022