Our vision is to help people from around the world safely and securely earn cryptocurrencies from any device. These Terms of Service (these "Terms") are entered into by and between you and StormX Global SEZC, Inc., a Caymanian corporation, and its affiliates, subsidiaries and related companies, including StormX, Inc., a Delaware corporation, the parent company of StormX Global SEZC, Inc. (collectively, the “Company” and “we”, “us” and their derivatives). These Terms apply to and govern your use of the websites, products, apps, browser extensions and services that we make available to you, including, without limitation, the stormx.io website (the “Website”), StormX, Storm App, Storm Play, Storm Loyalty Program, StormShop browser extension and any other products, including those that may be introduced from time to time in the future and any trial versions thereof (collectively, the “Services”).
These Terms contain important information about your rights and obligations with respect to the Services, as well as conditions, limitations and exclusions that might apply to you. Please read these Terms carefully. These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. By using any of the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use any of the Services.
1. Modification of Terms
We reserve the right, at any time, to modify, alter or update these Terms. Any modifications, alterations or updates will become effective immediately once they are posted on the Website. Your continued use of the Service after any modifications, alterations or updates are posted constitutes an acknowledgement and acceptance of these Terms as-modified, altered or updated. Except as provided in this paragraph, these Terms may not be amended. These Terms are a legal contract between you and the Company.
3. Accessing the Services
- Generally. The Services are provided online. You are solely responsible for making all arrangements necessary for you to access the Services (e.g., computer, modem, internet access, etc.)
- Registration. To access certain Services, you may be asked to provide certain registration details or other information. You agree that all information you provide to us will be correct, current and complete and that you will update such information as needed to keep it correct, current and complete.
- Account Information. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person or entity. You also acknowledge that any account you create through the Services is personal to you and agree not to provide any other person with access to the Services using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Limited Right to Use Services; Termination of Access to Services. By agreeing to these Terms, you are granted a limited, revocable, personal, non-transferrable, non-exclusive license to access the Services that are publicly accessible and to which you are properly enrolled or subscribed. Your use of any Services is subject in all respects to these Terms and any other documentation (including agreements) that we may provide or make available to you in connection with your use of a given Service. Any and all such additional documentation is incorporated into these Terms by reference. We have the right to terminate or disable your access the Services (or any portion of them) and/or any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. For clarity, your right to use the Services under these Terms will end immediately upon our termination or disabling of your access to the Services.
- Rights Reserved. Except as expressly set forth in these Terms or other written agreement between you and the Company, no license or other right in or to the Services are granted to you, by implication, estoppel or otherwise, and all such licenses and rights are hereby reserved.
4. Restrictions on Use of Services
You may not use any of the Services to:
- acquire any rewards or item of value through the use of botnets or automated means or through deception or misrepresentation in any respect;
- post or transmit any information, data, text, images, files, links, software, chat, communication or other content that is, or that the Company considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
- violate any local, state, federal, national or international law (including any law regarding the export of data or software to and from the US or other countries);
- sell or promote any unapproved products or services;
- introduce viruses, worms, Trojan horses and/or any harmful code on the Internet;
- display material that exploits children under 18 years of age;
- post any material or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
- promote, solicit or participate in multi-level marketing or pyramid schemes;
- harass, embarrass or cause distress or discomfort upon another participant, user or other individual or entity;
- impersonate any other person, including a customer, supplier, the Company or any person associated with the Company;
- publish or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 18 years of age);
- publish or transmit any unsolicited advertising, promotional materials or any other forms of solicitation;
- intentionally or unintentionally violate in any manner any applicable local, state, national or foreign law, including any regulations having the force of law, while using or accessing the Services or in connection with your use of the Services; or
- invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
Additionally, you may not:
distribute the Services or permit third parties to access the Services with the credentials that you use to access the Services;modify, adapt or create derivative works based on any of the Services (including by distributing APK or extension files of any of the Services);Delete or alter any copyright, trademark or other proprietary rights notices from the Services;“frame” or “mirror” any of the Company’s content made available through the Website or create Internet “links” to or from the Website; ordisassemble, reverse engineer or decompile the Services or any content made available through them, including to build a competitive product or service, build a product or service using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics.
Any use of the Services (or any portion of them) that is not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
5. Intellectual Property
© 2017-2019 StormX Global SEZC, Inc.
The Services and all content, features and functionality included or available on or through them, including information, text, graphics, interfaces and the design, selection and arrangements of the Services, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, with all rights reserved. Any use of materials available on, through or in connection with the Services, including reproduction for purposes other than those noted above, modification, distribution or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company, is strictly prohibited.
The trademarks STORMX, STORM TASKS, STORM GIGS, STORM PLAY, STORM MARKET and STORM TOKEN and related logos, designs and composite marks are the trademarks of the Company. All third-party trademarks shown in the Services are the property of their respective owners and constitute neither an endorsement nor a recommendation of those third parties. In addition, any use of trademarks or links to the websites of third parties by the Company is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with the Company.
Bolts (not to be confused with the cryptocurrency BOLT) are a part of the in-app ledger system that is used in the Services and have no “real-world” monetary value. Subject to the availability of the Services, a user can withdraw Bolts from their account into an available cryptocurrency wallet of the user’s choice that is supported within the Services. A user cannot remove or transfer Bolts from their account, provided that, for clarity: (a) as discussed further below, we may remove Bolts from a user’s account in connection with the termination or suspension of their access to the Services, and (b) Bolts may be transferred by the Company from one account to another in connection with account migration, where permitted by the Company, in its sole discretion. If a user attempts to remove or transfer Bolts from their account in violation of this Section 6, we may terminate or suspend their access to the Services. If not withdrawn, Bolts will “expire” and be removed from a user’s account after two (2) years from the last earning or withdrawal activity within an account. Additionally, upon termination of a user’s account, any and all Bolts associated with a user’s account will be automatically and irrevocably removed and deleted.
7. StormShop Shopping Program
- Generally. Subject to these Terms, the Company offers the StormShop Shopping Program (the “Program”) to allow qualifying users of the Services that participate in the Program (each, a “Participant”) to receive Bolts or “Pending Bolts” (as discussed below under the heading “How It Works”) when they purchase certain products and services from retailers, brands, merchants and other partners that participate in the Program (each, an “Affiliate Store”) for each Qualifying Purchase (defined below). Subject to these Terms, Bolts received by Participants may be converted into cryptocurrencies subject to these Terms. Participation in the Program and the opportunity to earn Bolts are offered at the sole discretion of the Company and subject to compliance with these Terms.
- Eligibility and Requirements. To become a Participant, a user of the Services must be at least 16 years old and provide us with certain information about themselves (e.g., a phone number, email address, etc.) when creating an account to access the Program (each, a “StormShop Account”).
- Non-Transferability of StormShop Accounts. A StormShop Account may only be used by one natural person. If you become a Participant, you may not let anyone else use your StormShop Account. Transfer of a StormShop Account may result in its termination and forfeiture of any accrued Bolts.
- How it Works. Participants may be eligible to receive Bolts from each purchase that they make from an Affiliate Store (a) while they are logged into their StormShop Account and are using the StormShop Browser Extension (the “Extension”) and (b) that is transacted in accordance with the Company’s publicly available documentation concerning the Program (e.g., How do I use StormShop?) (each, a “Qualifying Purchase”). Each Qualifying Purchase will occur on an applicable purchase date, and StormShop will record the U.S. Dollar value of your portion of the fee that StormShop is entitled to receive from the applicable Affiliate Store. After the applicable purchase date, StormShop will convert your portion of the fee from U.S. Dollars to Bolts, the in-app currency, or “Pending Bolts”, meaning a right to receive a certain number of Bolts subject to completion of the relevant Qualifying Purchase and other requirements relating thereto that are set forth in the Company’s publicly available documentation (e.g., What are pending bolts? Why is there a timer?) or relevant Affiliate Store Policies (defined below). When you choose to withdraw Bolts from your StormShop Account, the Bolts will be converted into the cryptocurrency or other currency that you choose and that is available in the Service at the market rate available at the time. Bolts are earned on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations and extended warranties. Except as may otherwise be provided in the relevant Affiliate Store Policy or in relevant documentation made publicly available by the Company, purchases of gift cards do not qualify for Bolt rewards. Reward amounts vary by Affiliate Store and product category and may contain exclusion in the terms of the offer. You should review these additional terms carefully. The Company uses reasonable efforts to maintain a list of exclusions. The list of exclusions is subject to change without notice, and the Company hereby disclaims any and all liability in connection with any incorrect information or failure to include information on the list of exclusions.
- Things to Keep in Mind. Please note that the following (in addition to other situations described in the Company’s publicly available documentation) may affect your ability to make Qualifying Purchases:
- If you visit other sites before completing a purchase, the purchase might be associated with a service other than the Program and render such purchase ineligible to be a Qualifying Purchase.
- If you disable “cookies” on your computer, you will not be able to make a Qualifying Purchase, as cookies are used to authenticate transactions.
- Extension. Your use of the Extension is subject to the following additional terms:
- You must follow all prompts from the Extension in order to make Qualifying Purchases. For example, when visiting an Affiliate Store’s website, the Extension will either create a tracking ticket and start a rewards shopping session or visually prompt you to press a button to start your StormShop rewards shopping session. If you fail to press the button to initiate the rewards shopping session, you will not be able to make Qualifying Purchases.
- If you are referred to an Affiliate Store’s website from another affiliate marketing company (and, therefore, cookies or other similar tracking devices from such other affiliate marketing company are already present on your computer), the Extension will not be activated and you will not be able to start a StormShop rewards shopping session when you arrive at such Affiliate Store’s website.
- You acknowledge and agree that the Extension periodically communicates with our servers. You further acknowledge and agree that we may update the Extension from time to time when a new version is released or when new features are added. Unless you turn off automatic updates, you agree that these updates will occur automatically. If you turn off automatic updates, you will need to manually update the Extension to ensure that all such updates (e.g., security patches, bug fixes, new features, etc.) are added.
- We reserve the right to add features or functions to the Extension but have no obligation to do so or make available to you any subsequent versions or new features of the Extension.
- Affiliate Store Policies. A product purchased from any Affiliate Store through the Program is governed by and subject to the applicable Affiliate Store’s policies, including applicable exchange and shipping policies (each, an “Affiliate Store Policy”). You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control with respect to the Program or otherwise. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store and subject to any applicable Affiliate Store Policies. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including the withdrawal or modification of any such offer or promotion. You agree to adhere to all applicable Affiliate Store Policies. The Company is not responsible for changes to, or discontinuance of, any Affiliate Store or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of rewards caused by such changes, discontinuance or withdrawal.
- Bonuses and Other Rewards. In its sole discretion, the Company may from time to time elect to offer bonuses or rewards for referring new Participants to the Program or for other specific actions. To the extent that any document describing the terms on which such rewards program may be offered differs from these Terms, such other document will control.
- Definition. "Stake or Staking" means the holding of STMX in your account and using the Staking function for an agreed period of time. "Staking Term" is the minimum time required to earn Staking Rewards from StormX Staking. "Staking Yield" is the annual reward rate.
- Eligibility. To be eligible for StormX Staking, the user must be eligible to have a StormX account, have a StormX account in good standing, be a participant in the StormX Rewards program, and Stake their tokens on the StormX Staking app.
- Payment of Staking Rewards. Users of StormX Staking will receive Staking Rewards directly attributable to their Staked Tokens. The percentage and timing of such remittances are listed on the staking site. Staking rewards are credited to the user's account after which they need to withdraw into the staked wallet and cannot be sent to any other wallet. Staking rewards are non-compounding.
- Yield. The yield for StormX staking is listed on the StormX Staking site. This value is subject to change for any or no reason. StormX provides no guarantees on returns.
- Term. StormX Staking term will be one week, starting on Sunday 00:00:01 GMT and ending Sunday 00:00:00 GMT. The term is subject to change for any or no reason.
- Acceptable Use. The user shall bear the risk of loss for, and assumes all liability arising from, any unauthorized or fraudulent usage of Services (or any hardware or software component thereof). In addition, the user agrees not to (i) send or store malicious code in connection with the Services or otherwise interfere with or disrupt performance of the Services, (ii) use manual or automated tools to scan or probe the Services in order to determine vulnerabilities, or (iii) attempt to gain access to the Services or its related systems or networks in a manner inconsistent with the permitted use of the Service. StormX reserves the right but is not required, to take any and all action it deems appropriate, including, without limitation, blocking access to geographic areas or suspending access to Services (or any hardware or software component thereof), in order to prevent or terminate any fraud, abuse or illegal use of or activities in connection with the Services or any other breach of this section, provided, however, that any such action by StormX shall be consistent with applicable laws, rules, and regulations.
- Unstaking. The user acknowledges and agrees that when unstaking STMX tokens, they are forfeiting all tokens for that staking term. The user may begin earning a staking reward that following term.
- Limitation of services. StormX may at any time and without liability to, terminate, suspend, or limit your use of StormX Staking (including freezing the Digital Assets in your account or closing your Digital Asset Wallet, refusing to process any transaction, or wholly or partially reversing any transactions that you have effected), including (but not limited to): (a) in the event of any breach by you of these Terms and all other applicable terms; (b) for the purposes of complying with Applicable Laws; (c) where StormX suspects that a transaction effected by you is potentially connected to any unlawful activities (including but not limited to money laundering, terrorism financing and fraudulent activities)
- Right to Change Service. StormX reserves the right to change or discontinue the StormX Staking service at any time for any or no reason.
9. Receiving Payment
- Requirements. As a condition of payment of accrued Bolts, you must establish and maintain a StormShop Account with the following information necessary to process your payment: (a) a valid phone number through which you are able to receive a one-time password (OTP), (b) a valid email address at which you are able to receive email, (c) a valid cryptocurrency address and (d) your first and last name. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment. If you elect to close your StormShop Account and receive payment of your accrued Bolts, you must provide a valid cryptocurrency payment address currently supported by the Services for purposes of such payment. Please note that any such payout will be subject to deduction of the Company’s then-current applicable transaction fees. The Company will not make any payment unless the accrued value in the StormShop Account meets the minimum withdrawal amount for the applicable currency into which the Bolts are sought to be converted. The minimum withdrawal amount is listed in the Company’s publicly available documentation (e.g., What is the minimum requirement to withdraw?) or otherwise in the Services. Also, as a condition of payment, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime.
- Payments. Conversion of Bolts into cryptocurrencies or other payment options that the Company may make available from time to time will be subject to varying accrual rates depending on Affiliate Stores’ policies and reporting schedules. Additionally, the Company may delay payment for any purchase based on changes to Affiliate Store policies at any time. The Company also may modify the payment schedule at any time. The Company is not responsible for payments delivered to the wrong cryptocurrency address through no fault of the Company or for payment errors made by any bank, financial institution or other third party.
10. StormShop Account Adjustments
In our sole discretion, we may deduct Bolts from your StormShop Account to make adjustments for returns and cancellations with respect to Qualifying Purchases. Any such adjustments, however, will be made in accordance with these Terms, any applicable Company policies and terms, the terms of any Affiliate Store offers, applicable Affiliate Store Policies, any documentation that the Company makes publicly available concerning the use of the Services and any and all applicable laws, rules and regulations. The determination of whether a purchase made through an Affiliate Store constitutes a Qualifying Purchase is made at the sole discretion of the Company. If an Affiliate Store fails to report a transaction to the Company or fails to make payment to the Company for any reason, the Company may cancel the Bolts associated with the applicable transaction. It is your responsibility to check your StormShop Account regularly to ensure that the Bolts have been properly credited and paid and that your StormShop Account balance is accurate. If you believe that Bolts have not been correctly credited to your StormShop Account, you must contact the Company’s Member Services within ninety (90) days of the transaction. Should you disagree with any adjustments made to your StormShop Account or payments made to you, your sole remedy is to withdraw from the Program.
You may be taxed on your receipt of Bolts, cryptocurrencies, fiat currencies and other benefits of your use of the Services depending on the tax laws of local, state, federal and national jurisdictions. You will be solely responsible for any and all tax liability arising out of any benefits you receive in connection with the Services.
12. Disclaimer of Warranties; Limitation of Liability
- THE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SERVICES WILL MEET YOUR NEEDS AND EXPECTATIONS OR THE NEEDS AND EXPECTATIONS OF ANY USER OF THE SERVICES, THAT THE SERVICES, THE CONTENT OR DATA DELIVERED THROUGH THEM OR THE RESULTS OF THEIR USE WILL BE ACCURATE, CORRECT, UNINTERRUPTED, RELIABLE, COMPLETE OR PRESERVED WITHOUT LOSS. The Company will have no liability for any interruptions in the use of the Services or for failing to correct defects. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or items obtained through them. As with any computer, electronic, hardware and software products, we cannot and do not guarantee that the Services will be bug-free at all times and will always work as intended at all times. All content and features of the Services are subject to change or termination without notice in the sole discretion of the Company. The Company makes no guarantee of confidentiality or privacy of any communication or information transmitted through the Services. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable in those jurisdictions.
- The Services may make available certain cryptocurrency and financial market data, quotes and other information (collectively, the “Market Information”) that has been obtained by the Company from third parties. The Company does not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Market Information made available through the Services, but the Company will use commercially reasonable efforts to review such Market Information for accuracy and completeness. THE MARKET INFORMATION IS PROVIDED ON AN "AS-IS” AND “AS-AVAILABLE” BASIS. NONE OF THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS SHALL HAVE ANY LIABILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR CORRECT SEQUENCING OF THE MARKET INFORMATION OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU RELYING UPON THE MARKET INFORMATION.
- NONE OF THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA OR OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGE OF ANY KIND OR NATURE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, RESULTING FROM OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICES. Some jurisdictions do not allow the limitation of liability described in this paragraph; therefore, the above-referenced limitation may be inapplicable in those jurisdictions.
- To the fullest extent provided by law, in no event will the collective liability of the Company and its directors, officers, employees, consultants, agents, representatives, licensors, service providers and suppliers to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed $1,000. This limitation does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused as a result of your use of the Services. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless the Company and its directors, officers, employees, consultants, agents, representatives, licensors, service providers and suppliers from any and all claims, losses, liability, damages and/or costs (including reasonable attorneys’ fees and costs) arising out of or relating to (a) your use of the Services; (b) your violation of these Terms, including any representations and warranties that you make under these Terms and any agreements incorporated by reference; and/or (c) your infringement, or infringement by any other user of your StormShop Account, of any intellectual property or other right of any person or entity.
14. Dispute Resolution
- Governing Law. These Terms and any action arising out of or related to these Terms will be governed by the laws of the State of Washington without regard to its conflict-of-laws provisions.
- Agreement to Arbitrate. You and the Company agree that any Dispute (as defined below) will be settled by binding arbitration, except that each party retains the right (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (b), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide the Company with written notice of your desire to do so by submitting a ticket at https://help.stormx.io with the title “Arbitration Opt-Out” within 30 days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you do not provide us with an Arbitration Opt-out Notice within the 30-day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (a) and (b) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, any other Dispute will be the state and federal courts located in the Western District of Washington, and you and the Company hereby waive any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Section 13 will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. A “Dispute” means any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity of these Terms or the use of the Services.
- Arbitration Rules. The arbitration will be administered by JAMS alternative dispute resolution (“JAMS”) in accordance with the applicable JAMS clauses, rules and procedures (collectively, the “JAMS Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The JAMS Rules are available at http://www.jamsadr.com/adr-rules-procedures/ or by calling JAMS at 1-800-352-5267.) The Federal Arbitration Act will govern the interpretation and enforcement of this “Dispute Resolution” section.
- Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Washington and will be selected by the parties from JAMS’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Rules.
- Arbitration Location and Procedure. Unless you and the Company otherwise agree, the arbitration will be conducted at JAMS’s Seattle, Washington offices located at 600 University Street, Suite 1910, Seattle, WA 98101. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and the Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Rules. Subject to the JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator’s award of damages must be consistent with the terms of the “Limitation on Liability” section above as to the types and amounts of damages for which a party may be held liable.
- Fees. Your responsibility to pay any JAMS filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules.
- Changes. Notwithstanding the provisions of Section 1 above, if the Company changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of the Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and the Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
15. Modifications and Interruption to Service
The Company reserves the right to modify or discontinue the Services with or without notice to you or any other user of the Services. The Company shall not be liable to you or any third party should the Company exercise its right to modify or discontinue the Services. You acknowledge and agree that the Company does not guarantee continuous, uninterrupted or secure access to the Services and that operation of the Services may be interfered with or adversely affected by numerous factors or circumstances outside of the Company’s control.
16. Third-Party Sites
17. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by vendors or suppliers to the Company or collected from publicly available sources. No reference to any third party or third-party product or service shall be construed as an approval or endorsement by the Company of that third party or of any third-party product or service. The Company makes no representations or warranties as to the accuracy or reliability of any information provided through the Services. The Company makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor or supplier to the Company, and you acknowledge that any reliance on representations and warranties provided by any such vendor or supplier shall be at your own risk.
18. Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use the Services in any way that violates applicable local, state, federal, national or international law, regulation or other government requirement. You further agree not to use the Services to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, national or international law or regulation.
19. Copyright Notice and Takedown Procedure
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials or activities accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent in accordance with this Section 18.
- Reporting Claims of Copyright Infringement. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works available through the Services, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address); (e) a statement that you have a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. You may submit a DMCA notice by submitting a ticket with the title “Copyright Inquiry: DMCA Notice” at https://help.stormx.io. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Furthermore, if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
- Counter-Notification Procedures. If you believe that material you uploaded or posted to the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter-Notice must include substantially the following: (a) your physical or electronic signature; (b) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (c) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address); (d) a statement, under penalty of perjury, by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (e) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue. You may submit a DMCA notice by submitting a ticket with the title “Copyright Inquiry: Counter-Notice” at https://help.stormx.io. The DMCA allows us to restore the removed materials if the party filing the original DMCA Notice does not file a court action against you within 10 business days of receiving the copy of your Counter-Notice. Please be aware that, if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
- Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
20. Other Terms
- Waiver. No waiver by the Company of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
- Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
- Assignment. These Terms and any other agreements referenced herein may be assigned by the Company, in our sole discretion, to a third party, but you may not assign or transfer these Terms (or your rights or obligations under them) without prior written consent of the Company.
- Relationship. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Neither party is authorized to assume or create any obligation or responsibility on behalf of, or in the name of, the other party or to bind the other in any manner.
- Principles of Construction. Caption headings used in these Terms are for convenience purposes only and are not to be used to interpret or define the provisions of these Terms. All uses of the word “including” mean “including, without limitation” and “including, but not limited to.” Unless otherwise specified, all meanings attributed to defined terms in these Terms will be equally applicable to both the singular and plural forms of such defined terms.
- Entire Agreement. These Terms are the entire agreement between the parties relating to their subject matter, supersede all previous communications, understandings and agreements (whether oral or written) and cannot be modified except in accordance with Section 1 hereof or pursuant to a separate written instrument between you and the Company.
- Contact Information. If you have any questions about these Terms, please contact the Company by submitting a ticket at https://help.stormx.io.