TERMS OF SERVICE
EFFECTIVE DATE: February 18th, 2020
These Terms of Service (“Terms”) govern our relationship while you access and use products, services, applications, or websites, including any content, functionality, and purchase of services (collectively, the “Services”), of Likk and its affiliates and subsidiaries (collectively, “Likk”). Some of these Services may be offered subject to separate or additional Terms of Service which may link to these Terms. The Likk Services are offered to you conditioned upon your acceptance of these Terms.
- ACCEPTANCE OF THE TERMS
Please read these Terms carefully before you start using or accessing our Services. The Terms constitute an agreement between Likk, and you or the entity you represent (“you” or “your”), and the Terms will take effect when you use any of our Services or click an “I Accept” button or check a box presented to you in connection with these Terms (the “Effective Date”). You represent to us that you are lawfully able to agree to these Terms, and, if you are agreeing to these Terms for an entity, you represent to us that you have legal authority to bind that entity.
- MODIFICATION OF THE TERMS
Likk may modify these Terms from time to time in its sole discretion. The new revised version of the Terms will be posted on our website or our application or we will otherwise notify you via the email or phone number associated with your account. The modified Terms will become effective upon posting or, if we notify you by email, then as stated in the email message. By continuing to use or access the Services after the Terms become effective, you agree to be bound by the revised Terms. Please consult these Terms regularly for modifications. Our date of last modification is listed at the top.
- YOUR ACCOUNT
In addition to any other representations and warranties contained in these Terms, you agree that you have the authority, under the laws of the jurisdiction in which you reside, to make the following representations:
- You are eighteen (18) years of age or older (twenty-one (21) years in places where eightenn (18) years is not the age of majority);
- You are a female or identify as a female;
- You are not a convicted sex offender;
- You will not transfer your account to anyone without our authorization;
- You agree to keep the information on your account up-to-date, accurate, and complete, and, unless explicitly permitted, you will only create one (1) account.
- If you are not a United States (“U.S.”) resident, you confirm that you will not engage in commercial activities on Likk Services (e.g., advertising) if you are located in a country embargoed by the United States, nor that you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
- You will not use our Services if you are prohibited from receiving products, services, or software originating from the United States;
- You will not engage in activities that may jeopardize the security of your account; and,
- You waive your right to any commercial products or research that are developed by Likk and/or its third-party collaborators.
While Likk endeavors to connect people, we are not responsible for the conduct of any user on or off our Services. You agree that you will be careful when meeting other users on and off the Services. You should not provide any sensitive information about yourself, such as financial information.
LIKK IS NOT RESPONSIBLE FOR YOUR USE OF THE LIKK SERVICES OR FOR ACTIONS OF OTHER USERS WITH WHOM YOU MAY EXCHANGE INFORMATION OR HAVE CONTACT. YOU ACKNOWLEDGE AND AGREE THAT LIKK DOES NOT CONDUCT BACKGROUND CHECKS ON ITS USERS OR OTHERWISE ASSURE THE SAFETY OF YOUR INTERACTIONS WITH OTHER USERS ON OR OFF THE SERVICES. LIKK RESERVES THE RIGHT TO CONDUCT A CRIMINAL BACKGROUND CHECK ON A USER AT ANY TIME USING PUBLIC RECORDS WITHOUT INCURRING LIABILITY OR OBLIGATING LIKK, ITS AFFILIATES OR THIRD PARTY PARTNERS. LIKK ALSO IS NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE IN LOCATIONS WHICH MAY ATTEMPT TO CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE APPLICATION IN YOUR LOCATION AND ASSESS ANY POTENTIAL ADVERSE CONSEQUENCES.
WARNING: IMPORTANT DISCLAIMER ABOUT LOCATION DATA. THE LIKK SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE LIKK SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. LIKK IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE. OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.
- PROHIBITED USES
In addition to any other representations and warranties contained in these Terms, and as a condition of your use of our Services, you represent and warrant to Likk that you will not use the Services to:
- Seek to attempt to exploit or harm others in any way;
- Share your password information with anyone else;
- Use or post content that is: offensive, pornographic, threatening, hate speech, violent, or incites violence;
- You will NOT include material on Your personal profile page which contains video, audio, photographs, or images of any person under the age of eighteen (18) at all or any person over the age of eighteen (18) without his or her express permission;
- You will NOT impersonate any person or entity, falsely claim an affiliation with any person or entity;
- Use your personal account primarily for your commercial gain. Only commercial accounts are permitted to engage in commercial activities on our Services;
- Engage in any activity or conduct that is unlawful, offensive, obscene, threatening, harassing, abusive, misleading, malicious, discriminatory, or that violates the terms, conditions, or notices of these Terms, or any right of any third party;
- Violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding online conduct, acceptable content, or the export of data or software to and from the U.S. or other countries);
- Attempt to circumvent the security systems of the Services;
- Do anything harmful, unlawful, misleading, malicious, or discriminatory;
- Solicit login information or access an account belonging to someone else without their prior authorization;
- Monitor, gather or copy any user information, content, or material on the Services, without our prior written permission, on a manual or automated basis, including, but not limited to, by using any robot, “bot,” spider, crawler, spyware, scraper, harvesting bots, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
- Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout);
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, materials, other accounts, computer systems or networks connected to any Likk server;
- Attempt to use the Services for any purposes other than those intended by Likk, as determined by Likk in its sole discretion;
- Attempt to probe, scan, or test the vulnerability of any of Likk’s system or network;
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
- Access, tamper with, or use non-public areas of the Services, Likk’s computer systems, or the technical delivery system of Likk’s third-party service providers;
- Engage in any activity or conduct through or in connection with the Services that restricts, inhibits, or interferes with anyone’s access to or use of the Services, the proper operation of the Services, or, as determined by us, would harm Likk or users of Likk’s Services or expose them to liability;
- Engage in multi-level marketing, such as a pyramid scheme, while using or through our Services;
- Transmit, or procure sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- Impersonate or attempt to impersonate Likk, a Likk employee, another user, or any other person or entity, including, without limitation, by using email addresses or usernames associated with any of the foregoing;
- Facilitate or encourage any violations of these Terms or our policies; and,
- Otherwise attempt to interfere with the proper working of the Services.
- PREMIUM SERVICES; PURCHASES
- Premium Services. Certain Services, such as LIKK MORE, may be available only through creation of a User Account and payment of a fee (“Premium Services”). Through such accounts, You will have access to such Premium Services for a fixed term, which will automatically renew. The term, renewal period, and the total cost of each Premium Services offering will be provided within the LIKK Services or otherwise where the Premium Services are offered.
- PREMIUM SERVICES AUTOMATICALLY RENEW. PREMIUM SERVICES AUTOMATICALLY RENEW CONTINUOUSLY. YOU ACKNOWLEDGE AND AGREE THAT THE PREMIUM SERVICES AUTOMATICALLY RENEW UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THIS AGREEMENT
- Trial Premiums. Access to Likk Premium Services may from time to time be made available on a time-limited free trial basis (a “Trial” or “Trial Premiums”). Please note that this Agreement also applies to any Trial. You may be asked to provide Your credit or debit card information when registering for a Trial. In such event, Your credit or debit card will only be charged if You do not cancel Your Trial before the end of the Trial period. If We ask for Your credit or debit card information and You do not affirmatively cancel before the end of the Trial, then Your Trial may be converted into a paid subscription and Your credit or debit card may be charged the subscription fee in effect at the time Your Trial first began. Trial Premiums are not available to former Users of Premium Services or Users who have previously received a free trial and cancelled it prior to paying for Premium Services.
- CANCELLATION POLICY. YOU MAY CANCEL YOUR PREMIUM SERVICES AT ANY TIME, SUBJECT TO THE TERMS OF THIS AGREEMENT. IN ORDER TO CANCEL, YOU MUST FOLLOW THE INSTRUCTIONS GIVEN IN THE LIKK SERVICES. THERE ARE NO CANCELLATION FEES. INSTRUCTIONS FOR CANCELLING PREMIUM SERVICES MAY BE OBTAINED BY EMAIL REQUEST TO CONTACT@LIKKAPP.COM.
- Purchases. We reserve the right to correct errors (whether by changing information on the Likk Services or by informing You of the error and giving You an opportunity to cancel Your order) or to update information at any time without notice. We may grant or deny cancellation requests for individual orders in Our sole and absolute discretion. All sales are final.
- Promo Codes. Likk may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Likk at any time in Our sole discretion.
- Payments Are Non-Refundable. Any and all payments made to Likk are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due. You will not receive a refund for any payment amount, even if payment was made for multiple billing periods.
- Taxes. Unless specified otherwise at the time of purchase, all payments to Likk are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment of all such taxes, levies, or duties.
Likk has the right to monitor your use of the Services to determine compliance with these Terms. In the event of a violation of the Terms, Likk, at its sole discretion and without notice, has the right to suspend or terminate part or the entirety of your account(s) on a temporary or permanent basis.
- REPORTING MISCONDUCT
If you have any knowledge of or suspicions that an individual is acting or has acted inappropriately or in violation of our Terms in connection with the Service, you should report your suspicions to Likk by contacting us at firstname.lastname@example.org.
If the misconduct is against the law or may be violating the law, you should report the person to the appropriate authorities, and only then to Likk. Please be aware that reporting any misconduct to Likk does not obligate Likk to take any action beyond what is required by law nor does it cause to incur any liability on Likk or others.
- LIMITED LICENSE TO USER CONTENT
- Furthermore, you agree that (i) you have the right to grant such a license to Likk for all User Content; (ii) you agree to pay for any royalties, fees, or any other monetary value owed for the User Content; and (iii) the User Content and its posting, submission, or display on the Services does not violate, infringe, or misappropriate the rights of any third party, including any privacy, publicity, and/or intellectual property rights. You also understand that your User Content may persist even when you delete it because it may have been shared with others who have not deleted it.
- For clarity, the license terms described above have the following meanings:
- “Perpetual” means that Likk has a license to your User Content forever, and its license to your User Content is not subject to a termination provision;
- “Non-exclusive” means you are free to license your User Content to anyone else in addition to Likk;
- “Fully-paid” and “royalty-free” means that Likk is not required to pay you for the use of your User Content;
- “Sub-licensable” and “transferable” means that Likk is able to grant the same right and license to your User Content to its affiliates, subcontractors’ and other entities; and,
- “Worldwide” means that Likk’s license to your User Content is global in reach.
- LIMITED LICENSE TO DISTRIBUTE LIKK CONTENT
All material included on or through the Services, and any other Services owned, operated, licensed, or controlled by Likk, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, and software (the “Services Content”), is the property of Likk and/or its licensors and is protected by United States and foreign intellectual property laws. Modification or use of the Content is a violation of Likk’s intellectual property rights, except as expressly provided in these Terms. The Content and Services may be updated or changed at any time without prior notice. The Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Likk, except that:
- Any Content from the Services must not alter the original Services Content, including, but not limited to, the presentment of the Content;
- You may download, print, distribute, and use pages from the Services free of charge for your own informational, non-commercial purposes only;
- You may link to the services provided by third parties as long as the link does not falsely imply or suggest that Likk has endorsed or is affiliated with the linked third parties; and,
- You include or retain the following attribution on any materials you may distribute: Likk All Rights Reserved.
In addition, if Likk becomes aware that you are copying, modifying or distributing the Content or the Services other than for the permitted uses of the Services, Likk reserves the right to revoke your right to these permitted uses.
If you are unsure whether your use is permitted, please send a request with your proposed use to email@example.com so that we may evaluate your proposed use of Likk’s Services Content.
- DISCLAIMER REGARDING INACCURACIES OR ERRORS
You assume all risks concerning the suitability and accuracy of the information within Likk’s Services. Likk cannot guarantee that the descriptions, functionality, availability, pictures, and other representations of Services or Content are error-free, accurate, or up-to-date.
- RESPECTING THIRD-PARTY INTELLECTUAL PROPERTY
If you wish to use material contained on the Services other than for your individual review and individual educational purposes, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third party in order to use such material.
Furthermore, any trademarks displayed on the Services that are not owned by Likk are the property of their respective owners, who may or may not be affiliated with Likk. Nothing contained on the Services or Content should be construed as granting any license or right to use any third party trademarks without the written permission of such third party that may own the trademarks. We ask that you respect these rights.
- YOUR REPORTS AND FEEDBACK
Any of your feedback, comments, reports, or suggestions (collectively, “Feedback”) directed at or provided to Likk are the sole and exclusive property of Likk, excluding your personal information as defined by applicable law. You hereby irrevocably assign to Likk any and all of your rights, title, and interest in any and all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
- DATA CHARGES
Likk is not responsible for any charges you may incur while using our Services, including data charges.
Likk and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice or Our being liable to You.
- COMMUNICATIONS & NOTICE
In order to provide our Services to you, we may need to communicate with you. Typically, our communications are emails about Service-related matters. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or on the Services, satisfies any legal requirements. Where required by applicable law, we will request that you provide your consent in a separate form when we collect your personal information for communications.
- LIMITATION OF WARRANTY
THE SERVICES ARE PROVIDED BY LIKK ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIKK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. LIKK DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THE SERVICES IS ACCURATE, RELIABLE, UP-TO-DATE OR CORRECT, THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND LIKK MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT LIKK, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR ITS CONTENT. LIKK MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
- LIMITATION OF LIABILITY
NEITHER LIKK, ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR CONTENT ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIKK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF: (1) YOUR ACCESS TO OR USE OF THE SERVICES OR THE OPERATION OF THE SERVICES OR FAILURE OF THE SERVICES TO OPERATE; (2) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE THROUGH OR FROM THE SERVICES; (3) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENT; (4) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (6) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR IN CONNECTION WITH THE SERVICES; (7) ANY ACTIONS TAKEN BY LIKK AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER LIKK, LAW ENFORCEMENT, OR OTHER GOVERNMENT AGENCIES; OR (8) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY AN INDIVIDUAL OR ENTITY CLAIMING SUCH AUTHORITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS DESCRIBED IN THE TERMS MAY NOT APPLY TO YOU. NOTWITHSTANDING, YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY, AS APPLICABLE TO YOU IN THE JURISDICTION IN WHICH YOU RESIDE, IS AN ESSENTIAL TERM OF THIS AGREEMENT AND THE PARTIES ACKNOWLEDGE THAT LIKK WOULD NOT GRANT ACCESS TO THE SERVICES WITHOUT YOUR AGREEMENT TO THIS SECTION.
You agree to indemnify, defend, and hold harmless Likk, and its affiliates, subsidiaries, officers, agents, contractors, partners, employees, successors, and assigns, from and against any and all claims, damages, losses, costs (including attorney’s fees), and other expenses that arise from: (i) your breach of these Terms; (ii) your violation of any rights of another individual; (iii) your use of our Services; (iv) any connection to our Services; or (v) due to or arising out of your disclosure of your account or personal information to third parties. Likk reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section. You agree to cooperate in defense of any such claim, and not to settle any such matter without the prior written consent of Likk.
- RESPECTING INTELLECTUAL PROPERTY
You should assume that everything you see or read on the Services is proprietary information protected by trade dress, copyright, patent, trademark, and/or other intellectual property rights and unfair competition laws, whether registered or not, unless otherwise noted, and may not be used except as provided in these Terms or with the written permission of Likk. Any use of the Services or Content that is not expressly permitted by these Terms will be considered a violation of the Terms and may violate intellectual property laws.
Likk and its licensors own all legal right, title, and interest in and to the Services and its features and functionality, including any intellectual property rights which subsist in the Services whether those rights are registered or not, and wherever in the world those rights may exist. Except as described in the Section entitled “Limited License to Distribute Content” or unless you have agreed otherwise in writing with Likk, nothing posted in the Terms or on the Services or any Content grants you or anyone a license to any Likk trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.
You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services. Further, you agree that you, or anyone else under your reasonable authority, will not copy, create a derivative work of, reverse engineer, modify, decompile or otherwise attempt to extract the source code or other basis of Likk’s technology. We will immediately revoke your right to use our Services if you print, copy, download, modify, or otherwise use or provide any other person with access to any part of our Services in breach of the Terms. In the event this happens, you will be required to return or destroy the materials in question.
- HYPERLINKED SITES
Our Services or third parties may provide links to or be linked from other websites that are not maintained by or related to us and our Services. Likk does not endorse, and is not responsible for, the content of any of such third-party websites or resources. You agree that Likk will not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by, or in connection with, your reliance on any content, goods, or services available through any hyperlinked third-party website or resource.
- SERVICE UNAVAILABILITY & TERMINATION
Likk reserves the right to amend, withdraw, or terminate the Services at any time and at its discretion, including any content, services, or materials provided on or through the Services, on a temporary or permanent basis. We may not provide you with prior notice. You acknowledge and agree that we are not liable if for any reason any part or the entirety of our Services is unavailable at any time or for any period. Regardless of who terminates these Terms, both you and Likk continue to be bound by Sections 3-6, 9-13, 15, 17-20, and 22-23 of the Terms.
- Entire Agreement. These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between Likk and you, and supersedes any and all prior or contemporaneous communications and proposals (including any prior versions of the Terms), whether electronic, oral or written. However, certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within our Services. You may also be subject to additional terms and conditions that may apply when you access or use the services, content, or software of our affiliates, third parties, or collaborating partners.
- Governing Law. Except to the extent they are preempted by U.S. federal law or mandatory law of a member state of the European Union or any other jurisdiction, the laws of the State of Colorado without regard to conflicts of law principles will govern these Terms, including your use and access to the Services and any content.
- Arbitration. If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, you understand and agree that for any dispute, claim, demand, controversy, or cause of action arising under or in connection with the Terms, including your use and access to the Services or any other content, shall be finally and exclusively resolved by binding and confidential arbitration under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as Washington law provides for judicial review of arbitration proceedings. Where no claims or counterclaims exceed $10,000, the dispute will be resolved by the submission of documents without a hearing, unless a hearing is required by Likk or deemed necessary by the arbitrator. It is your responsibility to pay all AAA filing, administrative, and arbitrator fees as set forth in the AAA Rules.
You acknowledge and agree that both parties to the Terms are giving up their constitutional right to have such a dispute decided in a court of law before a jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. The parties further agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in King County, Washington, U.S.A.
If you are neither located or based in, nor have offices in or do business in the United States, any arbitration between you and Likk will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules and will be administered by the International Court of Arbitration of the International Chamber of Commerce.
You may cancel this agreement to arbitrate by giving written notice to Likk within 30 days of the date of your acceptance of the Terms. Should you choose to withdraw from the arbitration provision, all other provisions of the Terms shall remain in full force and effect.
If, for any reason, a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state and federal courts of King County in the State of Washington or a United States District Court, Western District located in Seattle, and waive any objection to such jurisdiction and venue.
Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred; claims made under the separate terms and conditions of purchase for foods or services are not subject to this limitation.
Any legal action or proceeding will be conducted in the English language.
This arbitration agreement will survive the termination of your relationship with Likk.
- Injunctive and Equitable Relief. Likk retains the right to seek injunctive relief or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its copyrights, trade dress, trademarks, trade secrets, patents, or other intellectual property rights.
- Special State Terms Regarding Your Right To Cancel The following provisions are added to this Agreement for paid subscription Users residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New Jersey, New York, North Carolina, Ohio, Rhode Island, Wisconsin, or any other state with laws which may require notice of cancellation rights: You, the buyer, may cancel this Agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that You, the buyer, are canceling this Agreement, or words of similar effect. This notice shall be scanned and sent to firstname.lastname@example.org. In the event that You die before the end of Your paid subscription period, Your estate shall be entitled to a refund of that portion of any payment You had made for Your paid subscription which is allocable to the period after Your death. In the event that You become disabled (such that You are unable to use the paid subscription and the condition is verified in writing by a physician) before the end of Your paid subscription period, You shall be entitled to a refund of that portion of any payment You had made for Your subscription which is allocable to the period after Your disability, by providing Likk notice at the same email as listed above.
- Headings. The section titles in the Terms are for your convenience only and have no legal or contractual effect.
- Assignment. You may not assign or delegate any rights or obligations under the Terms, and any such attempts will be deemed ineffective. Likk can freely assign or delegate all rights and obligations under the Terms in part or in its entirety without notice to you.
- Waiver. A failure by Likk to exercise or enforce any right or provision of the Terms shall not constitute a present or future waiver of such right or provision. All waivers by Likk must be in writing to be effective.
- Severability. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions. The remaining portions of the Terms shall remain in full force and effect. To the extent possible, any invalid or unenforceable portions will be interpreted to the effect and intent of the original portion.
- CONTACT US
You can contact us at email@example.com if you have any questions or concerns about these Terms.