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NTRSCTN, INC.

TERMS OF USE

Effective: September 29, 2021

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE

OR THE APP ON YOUR DEVICE

These Terms of Use (these “Terms”) constitute a legal agreement between you and NTRSCTN, Inc. (“RENDEZ,” “us,” “our,” or “we”) in respect of your use of the RENDEZ website (https://www.joinrendez.com/) (the “Site”) or mobile application and the services provided through the application (individually and collectively, the “App” and together with the Site, the “Services”).

 

By accessing the Services, downloading and installing the App onto your device, or clicking on the “Accept” button below, you agree to these Terms. If you do not agree to these Terms, we do not grant you permission to use the Services, and you must not use the Services and you must uninstall the App from your device. We may immediately terminate these Terms, the Services, or generally cease offering or deny access to the App or any portion thereof, at any time for any reason.

 

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes (as defined below) as further described in this paragraph and in Section 17.2 below. Any controversy, allegation, or claim that arises out of or relates to the Services, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation, or claim that arises out of or relates to our intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the foregoing arbitration provisions will remain in force.

 

You must be at least 18 years of age in order to use the App.

YOU UNDERSTAND THAT RENDEZ DOES NOT CONDUCT BACKGROUND CHECKS (INCLUDING BUT NOT LIMITED TO CRIMINAL BACKGROUND CHECKS OR IDENTITY VERIFICATION CHECKS OF USERS). RENDEZ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, LEGITIMACY, INTENTIONS, IDENTITY, OR VERACITY OF USERS. 

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.  ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. RENDEZ is not responsible for the conduct of any user on or off the App. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the App or meet in person. Please check out our Safety Tips here for more information.

RENDEZ HAS A ZERO TOLERANCE POLICY FOR OBJECTIONABLE OR ABUSIVE USER CONTENT (SEE SECTION 5). ANY SUCH USER CONTENT THAT RENDEZ BECOMES AWARE OF WILL BE REMOVED AND THE USER PROVIDING SUCH CONTENT WILL BE PERMANENTLY REMOVED FROM THE APP WITHOUT ANY LIABILITY TO SUCH USER. 

1. YOUR ACCESS TO THE APP

Your use of the App under these Terms is also subject to any terms, rules or policies of any app store provider and/or operator (“App Store Provider”) from which you have downloaded the App (“App Store Terms”). In the event of any conflict between these Terms and any App Store Terms, the App Store Terms will prevail. You and we acknowledge and agree that, if you have downloaded the App from the Apple AppStore, Apple, and Apple’s subsidiaries are third party beneficiaries under these Terms and Apple will have the right to enforce these Terms against you directly.

We and our service providers are responsible for any maintenance and support of the App and you acknowledge that any App Store Provider from which you download the App is not under any obligation to you to carry out any maintenance and/or support for the App itself. 

 

These Terms apply to the App including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. We may change these Terms at any time and will notify you of a material change when you next start the App (we may also email you about any material changes to these Terms). The new terms may be displayed on-screen and you may be required to agree to them to continue your use of the App. The date these Terms were last updated appears at the bottom of these Terms.

 

From time-to-time we may issue updates to the App. Depending on the update, you may not be able to use the App until you have downloaded and installed the latest version of the App and accepted any new terms. Some updates may not be available to certain device models. In order to use the App, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that (a) the device you use to access the App will require certain software in order for the App to work correctly and it is your responsibility to ensure that you have the required up-to-date software, (b) the App has not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the functionality of the App meets your requirements, and (c) you are responsible for obtaining the data network access, and the required device necessary (including any associated costs or fees) to use the App and any updates thereto. RENDEZ does not guarantee the App will function on any particular network or device. In addition, the App may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

You may only download and install the App onto a device that you own, or if you do not own the device, you must have the permission from the owner(s) to do so. You accept responsibility under these Terms for the use of the App, whether or not you own the device onto which the App is downloaded and installed. You also acknowledge that the owner(s) of the device onto which the App is installed may be charged by any relevant mobile network operator and/or internet service provider in relation to any data and/or mobile connectivity used by the App.

 

Access to the App may be suspended temporarily and without notice (i) in the case of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.

2. PERMITTED USE AND RESTRICTIONS

Subject to your compliance with all of these Terms, we grant you a non-transferable, non-sublicenseable, non-exclusive, revocable, limited license (i.e. permission) to use the Services solely for your personal, non-commercial purposes. We reserve all other rights, which are not granted in these Terms. You may download and install the App through authorized App Store Providers only, and you may view, use and display the Services for personal purposes only.

 

In order to use the App, you must register and maintain an active personal user account (“Account”). You must be at least 18 years of age to register for an Account. Unless otherwise permitted by RENDEZ in writing, you may only possess one Account. Accounts will be tied to your phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the App. You may not pretend to be somebody else when registering and/or setting up an Account.

 

Except as explained in these Terms or as permitted by any applicable law, you shall not (and shall not permit any third party to): (a) copy the Services except where such copying is incidental to normal use of the Services, or where it is necessary for the purpose of creating a back-up copy, (b) rent, lease, sub-license (i.e. grant anyone else the permission to use the Services), loan, translate, merge, adapt, republish, post, display, distribute, vary or modify the Services (or any part of it), (c) nor attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services, (d) remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices, or (e) provide, sell, or otherwise make available the Services in whole or in part in any form to any person without our prior written consent.

 

You must not use (or permit a third party to use) the Services: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services or any operating system used by the Services, (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users, (iii) to collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services, (iv) via use of a robot, spider, or other automated device to monitor or copy the Services or any information provided by the Services, (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

 

3. SECURITY AND PASSWORDS

You are solely responsible for keeping your password and any other authentication information confidential, and agree to be responsible for all activities that occur under your Account or password including, but not limited to, use of the Account by any person, with or without authorization, or who has access to any computer on which your Account resides or is accessible. You must not disclose your password or any other authentication information to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorized use of your Account.

 

We have the right to disable any password, or other authentication information whether chosen by you or allocated by us and/or deactivate your Account, at any time, (and we will have no liability to you for any such deactivation) if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

 

Furthermore, the content included on your individual profile should be relevant to the intended use of the App. You must not display any personal sensitive or personal contact information, whether in relation to you or any other person (for example, home address, banking details, social security numbers, mobile number). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.

 

4. YOUR PROMISES TO US

You promise to us that (a) you are authorized to agree to these Terms and you have not misrepresented yourself in any way, (b) you are at least 18 years of age, (c) you have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar, severity), a sex crime, or any crime involving violence, or are otherwise legally prohibited from using our services, (d) you are not required to register as a sex offender with any state, federal or local sex offender registry, (e) you have not previously been removed from the App by us, (f) you will not engage in any obscene, offensive, pornographic, nude, violent, deceptive, threatening, harassing, mistreating, bullying, abusive, upsetting, alarming, disrespectful, stalking, illegal, or otherwise objectionable behavior which may cause annoyance, inconvenience or needless anxiety to any of our users, (g) you will not engage in commercial behavior or activities in connection with using the Services, (h) you are not located in a country subject to a United States government embargo, nor are you located in a country that has been designated by the United States government as a “terrorist supporting” country, (i) you are not listed on any United States government list or prohibited or restricted parties, (j) you assume the risk of any information submitted by you, and (k) you will not disclose nor allow to be disclosed by any means any confidential information belonging to us of which you become aware.

 

5. USER CONTENT

Whenever you make use of a feature that allows you to upload any content such as any text, audio, video, photo, or other content via the App (“User Content”), or to share any User Content with other users of the App, you promise that any such User Content: (a) will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe or violate the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third-party, (c) will comply with applicable laws (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, harassing, abusive, disrespectful, pornographic, or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, (j) will not be used for business, commercial, or promotional purposes (spam, targeted advertising), and (k) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.  We will not be responsible, or liable to any third party, for any User Content submitted by you or any other user of the Services.

 

Although we may not actively monitor all User Content, we have the right to remove any User Content if, in our opinion, it is in breach of these Terms or is otherwise inappropriate. We encourage you to report any inappropriate User Content or misconduct by other users. You can report a user directly through the [“Block or Report User”] link on a user’s profile or by emailing us at admin@joinrendez.com. You can also end any communications with another user immediately, provide feedback, and block any user from access to your Account through the Block or Report User link on a user’s profile.

 

The App may include content provided by third parties, including materials provided by other users and third party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by RENDEZ, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RENDEZ. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

6. FEEDBACK

With respect to any feedback or suggestions you provide to us regarding the Services (“Feedback”), you acknowledge and agree that: (i) such Feedback will be considered non-confidential and non-proprietary, (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the App or otherwise to third-parties for any purpose throughout the universe, in any way, and in any media now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Feedback, and the right to transfer or sublicense such rights, (iii) we may have something similar to such Feedback already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with such Feedback under any circumstances. 

 

7. COPYRIGHT INFRINGEMENT - DCMA NOTICE

RENDEZ complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended).

 

If you have any complaints or objections to material posted on the App you may contact our designated agent at the following address:

 

Email: admin@joinrendez.com

 

Any notice alleging that materials hosted by or distributed through the App infringes intellectual property rights must include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • a description of the material that you claim is infringing and where it is located on the App; 

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the use of the materials on the App of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

8. PRIVACY

These Terms also incorporate the terms of our privacy policy (as updated from time-to-time), which is available from within the Services and at https://www.joinrendez.com/privacy-policy (the “Privacy Policy”). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings). By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (a) the processing of your personal information as explained in the Privacy Policy, and (b) the collection of information from your device as explained in the Privacy Policy.

 

If you no longer want to receive our newsletter, emails or other marketing communications, you may unsubscribe at any time by following the “unsubscribe” link at the bottom of our emails, or by writing to us as detailed below. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account or our text identity verification security service.

 

You can deactivate your Account at any time by logging-in to your Account with your username and password and uninstalling it from your device. You acknowledge that canceling your Account alone does not delete your information from the App servers. Nevertheless, you acknowledge that you are solely responsible for saving or otherwise backing-up any data within the App, and (as detailed below) RENDEZ is not responsible for any loss of data. To re-create your Account, you can re-download the App, but you will need to create a new Account using your phone number, you cannot reactivate a previous Account.

 

9. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all intellectual property rights in the Services, whether registered or unregistered, including but not limited to the “RENDEZ” name, and rights in graphics, trademarks, logos, “look and feel,” trade dress, structure, organization, code, and all content in the Services and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of RENDEZ, protected by United States and foreign intellectual property laws. You acknowledge that rights in the Services are licensed (not sold) to you, and that you have no rights in, or to, the Services other than the limited license granted in Section 2 above.  Any use of our intellectual property beyond the scope of this license is prohibited.

 

In the event that anyone brings a claim that the Services or any part of them, or your possession and/or use, infringes a third party’s intellectual property rights, we (and not any App Store Provider, including without limitation Apple) shall be responsible for the investigation, defense, settlement and discharge of any such claim.

 

You also agree not to use any non-public technical, financial, or strategic information and other proprietary and confidential information relating to our business, operations and properties disclosed to you by RENDEZ (collectively, “Confidential Information”) for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of Confidential Information.

 

10. THIRD-PARTY SITES AND SERVICES

The Services may contain links to or allow you to share content directly with third party services (“Third Party Services”). You acknowledge that we have no control over Third Party Services and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. 

 

These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content or other material contained in Third Party Services and we have no association with their operators. Your use of Third Party Services will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms”). It is your responsibility to read and comply with Third Party Terms.

 

11. NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CA CIVIL CODE SECTION 1789.3

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.

 

12. INDEMNITY

You agree to indemnify, defend and hold the us, and our affiliates, and our and their business partners, officers, directors, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and costs) arising out of or in connection with: (a) your use of the Services, (b) your breach or violation of any of these Terms, or (c) your violation of the rights of any third party. We reserve the right to assume the defense and exclusive control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties. 

 

13. WARRANTY DISCLAIMER

WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content in the Services is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations and other terms, which may apply to the Services, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of third parties with respect to the Services and all information and content included on the Services.

 

WE MAKE NO GUARANTEES AS TO (I) THE NUMBER OF ACTIVE USERS AT ANY TIME, (II) ANY NUMBER OF CONNECTIONS, (III) USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR (IV) THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.

 

No information or advice obtained through the Services, or any affirmation by us, by words or actions, shall constitute a warranty.

 

We only supply the Services for domestic, personal and private use. You agree not to use the Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you. In such jurisdictions, if there is a breach of warranty, you may notify Apple if you purchased the App from Apple, and Apple will refund the purchase price for the App, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation or liability whatsoever.

 

14. LIMITATION OF LIABILITY 

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICES OR THESE TERMS, HOWSOEVER ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF RENDEZ, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

WE TAKE NO RESPONSIBILITY FOR ANY USER CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE APP NOR DO WE TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE THROUGH THE APP. 

 

Your sole remedy for dissatisfaction with the Services including, without limitation, content provided through the Services, is to stop using the Services. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Services or any links provided through the Services, as well as by reason of any information or advice received through or advertised in connection with the Services or any links on the Services. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party.

 

In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Services or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Services must be brought to us (and not the App Store Provider) within one (1) year after such claim or cause of action first arose or be forever barred. 

 

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RENDEZ’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE CHOICE OF LAW PROVISION SET FORTH BELOW.

 

15. TERMINATION

We may terminate these Terms, deactivate your Account, and/or your permission to use the Services immediately, without prior notice or liability, if (a) we reasonably determine that you have committed a breach of these Terms, (b) we discontinue the App, or (c) we are prevented from providing the App for any reason. 

 

Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of the App and/or your access to it at any time with or without notice to you: (i) if required by law, (ii) due to an event beyond our control, or (iii) as a result of changes, cancellations or revocation of approval by any applicable App Store Provider.

 

On termination of these Terms for any reason: (w) all rights granted to you under these Terms will cease immediately, (x) you must immediately cease all activities authorized by these Terms (including your use of the App), (y) you must immediately uninstall and remove the App from your device(s), and (z) you acknowledge that we may restrict your access to the App and/or remove it from your device. Sections 6, 8, 9, 12-15, 17, and18 will survive any termination or expiration of these Terms. 

 

16. COMMUNICATION BETWEEN US

If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by email or by prepaid post using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

17. DISPUTE RESOLUTION

 

17. 1. Governing Law; Jurisdiction. These Terms are governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and RENDEZ agree that, except as otherwise provided below, the state and federal courts located in the County of Los Angeles, California will have exclusive jurisdiction of all Disputes arising out of or related to these Terms or your use of the Services and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, RENDEZ shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.

 

17.2. Binding Arbitration.

17.2. (a) Arbitration Procedures. You and RENDEZ agree that, except as provided in Section 17.2(d) below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 17 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail. 

 

Except as otherwise set forth in Section (d) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and RENDEZ will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and RENDEZ may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator, and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. 

 

17.2. (b) Location. The arbitration will take place in Los Angeles, California unless the parties agree to video, phone or internet connection appearances. 

 

17.2. (c) Limitations. You and RENDEZ agree that any arbitration shall be limited to the Claim between RENDEZ and you individually. YOU AND RENDEZ AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

 

17.2. (d) Exceptions to Arbitration. You and RENDEZ agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Excluded Dispute, (ii) any Claim related to, or arising from, allegations of theft, piracy, or unauthorized use, and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

 

17.2. (e) Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

 

17.2. (f) Severability. You and RENDEZ agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 17.2.(d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 17.2.(d) is found to be illegal or unenforceable then neither you nor RENDEZ will elect to arbitrate any Claim falling within that portion of Section 17.2.(d) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Los Angeles, California, and you and RENDEZ agree to submit to the personal jurisdiction of that court.

 

18. OTHER IMPORTANT TERMS

These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign your rights or delegate your obligations hereunder to any other party without our prior written consent. Such consent may be withheld in our sole discretion, and any purported assignment without such consent shall be null and void.  To the extent permitted under applicable law, we may assign our rights and delegate our obligations under these Terms to any third party without notice to you, but this will not affect your rights or our obligations under these Terms. 

 

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 

 

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, such provisions shall be enforced to the maximum extent permitted by law, and the remaining conditions will remain in full force and effect. Other than as expressly set out in these Terms, no one other than you and us is intended to have any right or ability to enforce any of the provisions of these Terms.

 

To the extent permitted under applicable law, we may assign our rights and delegate our obligations hereunder to any party without notice thereof to you.

 

These Terms were last updated on October 7, 2021.

 

19. CONTACT US

NTRSCTN, Inc. 

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