b. Agreement. You represent to LiMandri & Jonna that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you simply browse, use, or access information offered directly by LiMandri & Jonna through the Putative Class Action Website or through a third party (and agree to this Agreement when you browse, use, or access any aspect of the Putative Class Action Website). If you do not agree to the Agreement, you may not participate in the Putative Class Action or use the Putative Class Action Website.
c. Supplemental Terms. This Agreement governs LiMandri & Jonna in general. More specific and/or supplemental terms and conditions may apply to some services relating to the Putative Class Action, including but not limited to, particular content, programs, or other activities related to the Putative Class Action; conditions or other limitations to the Putative Class Action for users under certain ages; and/or specific terms or restrictions that may accompany certain territories, programs, content, products, websites, applications or other software. Any supplemental terms and conditions are in addition to this Agreement and, in the event of a conflict, the supplemental terms will prevail over this Agreement. If you do not agree to the applicable supplemental terms and conditions disclosed, you may not participate in the Putative Class Action or use this website.
d. Amendments. We may need to make changes to any portion of this Agreement from time to time and for many reasons, including to reflect updates to the Putative Class Action or changes in law. If we make a material change to this Agreement, it will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amended terms through this site or the third party that makes this site available to you. You are responsible for periodically reviewing this Agreement for updates and amendments. By continuing to use the website, you will be deemed to have agreed to and accepted any amendments. If you do not agree to any change to this Agreement, you must discontinue using the website.
- License Grant and Restrictions
Putative Class Action Content, including, but not limited to, television commercials, radio commercials, social media commercials, billboards, banners, magazine advertisements, newspaper advertisements, images or other artwork otherwise constituting creative material commissioned, created, or sponsored by LiMandri & Jonna LLP, are our copyrighted, patented or trademarked property or the copyrighted, patented or trademarked property of our licensors and all copyrights, trademarks, service marks, trade names, trade dress, patents and other intellectual property rights in LiMandri & Jonna LLP are owned by us or our licensors (who may be third-party beneficiaries of this contract) and protected by the copyright, trademark, patent and other laws of the United States and international treaties.
a. Restrictions on your Use of Putative Class Action Content. You agree that as a condition of your license, you will not:
i. Circumvent or disable any content protection system or digital rights management technology used in connection with the Putative Class Action Content
ii. Copy the Putative Class Action Content (except as expressly permitted by us);
iii. Create derivative works of the Putative Class Action Content or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
iv. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Putative Class Action Content and/or the video player(s), underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player(s);
v. modify the Putative Class Action Content, including, but not limited to, by removing identification, copyright or other proprietary notices from the Putative Class Action Content, or by framing, mirroring, or utilizing similar techniques;
vi. access or use the Putative Class Action Content in a manner that suggests an association with LiMandri & Jonna, LLP;
vii. use the Putative Class Action Content for any commercial or business related use or build a business utilizing the Products, whether or not for profit;
viii. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Putative Class Action Content;
ix. damage, disable, overburden or impair the Putative Class Action Content;
x. use the Putative Class Action Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement; and;
xi. allow third parties to violate the above restrictions.
- Violation. Any attempt to perform any of the restricted actions listed above is a violation of the rights of LiMandri & Jonna LLP and/or the intellectual property rights holder.
- Usage Rules
- Changes to the Putative Class Action. The Putative Class Action is constantly evolving and will change over time. We reserve the right to make such changes or, if necessary, discontinue the Putative Class Action. If required by law, we may also need to suspend, restrict, or terminate your access to the Putative Class Action Website.
- Internet, Browser, and System Requirements. You may need a high speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Putative Class Action Website. You are required to review the minimum requirements necessary for use of the specific page or feature.
- Mobile Networks. When you access the Putative Class Action Website through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain features may be prohibited or restricted by your network provider and not all features may work with your network provider or device.
- Consent to Messages. When you use the Putative Class Action Website, you may be given the opportunity to consent to receive communications from us through email, text, and/or mobile push notifications. Standard text and calling rates will apply. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. You can opt out of informational or promotional communications by following the “Unsubscribe” directions for emails or, if via text message, by responding STOP. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE COMMUNICATIONS OR CALLS AS A CONDITION OF USING THE PUTATIVE CLASS ACTION WEBSITE.
- Informational Purposes. You understand that the Putative Class Action Website is for your personal, noncommercial use and are intended for informational purposes only; the content available does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
- Commercial, Marketing, or Branding Use Prohibited. Except as expressly licensed, we do not allow uses of the LiMandri & Jonna LLP, or other LiMandri & Jonna intellectual property, that are commercial or business-related, including used in marketing or branding, or that advertise or offer to sell or promote products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations).
- Malware. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Putative Class Action Website or connected network, or interfere with any person or entity’s use or enjoyment of the Putative Class Action Website.
- Disclaimers and Limitation on Liability
THE PUTATIVE CLASS ACTION WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under this Agreement.
We are not liable for business losses. We only supply information for your personal, non-commercial, and domestic use. If you use the information for any other purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or similar loss.
WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF THE PUTATIVE CLASS ACTION WEBSITE, OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION; OR YOUR FAILURE TO COMPLY WITH SPECIFIED COMPATIBILITY REQUIREMENTS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
- Binding Arbitration and Class Action Waiver
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor LiMandri & Jonna LLP will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and LiMandri & Jonna LLP agree to arbitrate, as provided below, all disputes between you (including any related disputes involving LiMandri & Jonna LLP, its subsidiaries or its affiliates), that are not resolved informally. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Putative Class Action Website or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and LiMandri & Jonna LLP empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Agreement are void or voidable.
- In the event of a dispute, you or LiMandri & Jonna LLP must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to LiMandri & Jonna LLP, P.O. Box 9120, Rancho Santa Fe, CA 92067. We will send any notice of dispute to you at the contact information we have for you. You and LiMandri & Jonna, LLP will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
- If you and LiMandri & Jonna, LLP do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in San Diego, California; provided, however, that if circumstances prevent you from traveling to San Diego, JAMS may hold an in-person hearing in your hometown area. You and LiMandri & Jonna, LLP agree to submit to the exclusive jurisdiction of the state courts located in San Diego, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
In accordance with the JAMS Rules, the party initiating the arbitration (either you or LiMandri & Jonna LLP) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred.
Except as provided above with respect to jurisdiction in San Diego, California, nothing in this arbitration provision shall be construed as consent by LiMandri & Jonna LLP to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Putative Class Action Website or this Agreement.
- Additional Provisions
- Choice of Forum. You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state courts located in San Diego, California and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
- Choice of Law. This Agreement is governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles.
- Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
- Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use submitted content, and rules regarding dispute resolution in Section 2, 3, 4, and 5 as well as the general provisions in this Section 6.
- Waiver. No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.