FlyCoin User Agreement
Last Updated June 15, 2022
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT IN SECTION 11.1 AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 11.2 THAT REQUIRE, WITH ONLY SPECIFIED EXCEPTIONS OR UNLESS YOU OPT OUT PURSUANT TO THE PROVIDED INSTRUCTIONS, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.
Please note that if you are an individual and you access or use our Services on behalf of a company or other entity, such as your employer (together with its affiliates, an “Organization”), then: (a) these Terms are an agreement between us and you and us and that Organization; (b) you represent and warrant that you have the authority to bind that Organization to these Terms (and if you do not have that authority, you may not access or use our Services); (c) your acceptance of these Terms will bind such Organization to these Terms; (d) your individual right to access and use our Services may be suspended or terminated if you cease to be associated with, or cease to use an email address associated with or provisioned by, that Organization; (e) we may disclose information regarding you and your use of our Services to such Organization; and (f) the terms “you” and “your”, as used in these Terms, refer to both you and such Organization. If you sign up for our Services using an email address associated with or provisioned by an Organization, or if an Organization pays fees due in connection with your access to or use of our Services (or reimburses you for payment of such fees), or otherwise, then, we may deem you to be accessing and using our Services on behalf of that Organization in our sole discretion.
1. USE OF OUR SERVICES
1.1 About FLY. FLY is an ERC-20 digital token issued by Flycoin that operates on the Ethereum blockchain (“FLY”). FLY is also now, and may later be, bridged to other blockchains, including Polygon. Flycoin reserves the right to migrate FLY to another blockchain or protocol in the future should Flycoin determine, in its reasonable discretion, that doing so is necessary or desirable. Upon Flycoin’s request, you agree to take any and all actions reasonably necessary to effectuate the migration of your FLY to another blockchain or protocol identified by Flycoin. If you fail to effectuate such migration, the FLY may not be compatible with your User Account (as defined below) going forward. Notwithstanding any other provision of these Terms, Flycoin will not be responsible or liable for any damages, losses, costs, fines, penalties or expenses of whatever nature, whether or not reasonably foreseeable by the parties, which you may suffer, sustain or incur, arising out of or relating to your failure to effectuate such migration of your FLY to another blockchain or protocol identified by Flycoin.
1.2. Eligibility. You may use our Services only if you can form a legally binding contract with us (and on behalf of your Organization, as applicable), and only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations. To use our Services, you must be at least eighteen (18) years of age. You represent and warrant that you meet the applicable age requirements and are competent to agree to these Terms. Except as expressly allowed by these Terms, you may only use our Services for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use.
1.3 User Accounts. You may be required to create an account (your “User Account”) to fully use and engage with our Services. When registering your User Account, you must provide current, complete, and accurate information for all required elements on the registration page, including your full legal name. You also agree to provide us, when registering a User Account and on an ongoing basis, any additional information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including a copy of your government issued photo ID or evidence of residency such as a lease or utility bill. You permit us to keep a record of such information and authorize us to make the inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take the actions we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you understand, acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. Additionally, you may need to connect a crypto wallet (your “Crypto Wallet”) through third-party websites and services in order to use certain parts of our Services. You agree to provide us with truthful, accurate and complete information when creating and maintaining your User Account. Your submission of personal information to our Services is governed by our . You acknowledge that you do not own your User Account and that we may terminate your User Account, or otherwise suspend or restrict your access to and use of our Services, in our sole discretion and without liability, for any reason or no reason.
1.4 Protection of User Accounts. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password(s) strong and secure. You should notify us immediately of any breach of security or unauthorized use of your User Account. Any individual with access to your User Account can modify the User Account settings, access and billing information. We will not be liable for any losses caused by any unauthorized use of your User Account or for any changes to your User Account, including your ability to access your User Account or User Content (as defined below), made by any individual with access to the User Account.
1.5 Restrictions on Use. You will not, and will not permit anyone else to, directly or indirectly: (i) use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record our Services or Services Content; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of our Services (except as permitted by applicable law); (iii) rent, lease, resell, distribute or use our Services for timesharing, service bureau, or to aggregate purchases through our Services; (iv) copy, modify, alter or create derivative works of any part of our Services or Services Content (unless necessary solely to participate in the Services in their intended functionality); (v) remove or alter any proprietary notices or labels on or in our Services or Services Content; (vi) identify or refer to us or our Services in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you (or a third party) and us, without our prior express written consent; or (vii) engage in any activity not otherwise permitted by this Agreement or our policies.
In addition to the restrictions set forth above, you are restricted from using our Services or any Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Services or linked third-party websites or services; (h) to collect or track the personal information of others; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of our Services or linked third-party websites or services.
2. ELECTRONIC COMMUNICATIONS
2.1 Consent. By inputting or supplying your contact information, including an email address, address, mobile telephone number and/or telephone number, or by otherwise creating a User Account, you electronically consent to receive marketing or advertising messages communications including email or mobile push notices from Flycoin and third parties, such as changes to features of our Services and special offers. If you do not want to receive such messages, you may opt out or change your preferences by contacting our Services support team at , or by clicking the unsubscribe link within each marketing or advertising email message. Opting out of marketing communications will not prevent you from receiving Services-related notices.
2.2 Text Messaging. By consenting to Flycoin’s SMS/text messaging program, you agree to receive recurring SMS/text messages from and on behalf of Flycoin through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Services-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to access or use the Services or make any purchases, and that your access and use of the Services and any purchases with Flycoin are not conditioned on your consent. Your participation in this program is completely voluntary.
You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the SMS/text messaging program at any time. Text the single keyword command STOP to [424-477-3662] to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. For support or assistance, text HELP to [424-477-3662] or email ,].
The wireless carriers supported by the SMS/text messaging program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Services, any errors in such information, and/or any action you may or may not take in reliance on the information or Services Content (as defined below).
3.1 Services Content. You agree that all materials, including information, data, software, text, design elements, graphics, images and other content (collectively, “Content“), contained in or delivered via our Services or otherwise made available by us in connection with our Services (collectively, the “Services Content“) is owned by us and our licensors and is protected by copyrights, trademarks, services marks, trade secrets or other intellectual property and other proprietary rights and laws. Except as expressly authorized by us in writing or solely as necessary for your use of the intended functionality of our Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Services Content, or post any Services Content on any other website or in a networked computer environment for any purpose. Reproducing, copying or distributing any Services Content for any other purpose is strictly prohibited without our express prior written permission. You will use the Services Content only as permitted by these Terms and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
3.2 User Content. Your Crypto Wallet (including any and all crypto assets identified by or through your Crypto Wallet) and any data, text, graphics, images, illustrations, logos, trademarks, service marks, copyrights, audio, videos, music, work of authorship or information, comments, opinions, postings, messages, files, e-mail, data, or other materials (in whatever form) that you upload or post to our Services is “User Content.” You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit your User Content in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any third party. You represent and warrant that you have all the rights, power, authority and authorization necessary to contribute, provide and make your User Content available to us and others and to grant the foregoing license, and that your User Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) complies with all applicable laws and regulations (foreign and domestic), and (iii) that you have all authorizations, consents, approvals and have made all disclosures required to provide your User Content to us and to allow us to use your User Content as provided in these Terms. We reserve the right to remove any User Content from our Services at any time and for any reason (including upon receipt of claims or allegations from third parties or authorities relating to User Content) or no reason. You are solely responsible for your User Content and its accuracy. We do not endorse User Content, nor will we take responsibility or assume liability for any User Content.
3.3 Feedback. You hereby assign to us all right, title, and interest in and to any feedback, comments or suggestions regarding our Services or recommendations for changes to our Services that you provide to us (collectively, “Feedback”), and agrees that we are free to use such Feedback, without any attribution or compensation to you, for any purpose whatsoever.
4. ERRORS, INACCURACIES AND OMISSIONS
Although we attempt to be as accurate as possible, occasionally there may be Content on our Services that contains typographical errors, inaccuracies or omissions. We reserve the right, but are not obligated except as required by law, to correct any errors, inaccuracies or omissions, and to change or update any Content on our Services or on any related website at any time without prior notice. We undertake no obligation to update, amend or clarify any Content on our Services or on any related website, except as required by law. Our Services may contain certain historical Content. Historical Content, necessarily, is not current and is provided for your reference only. No specified update or refresh date applied on our Services or on any related website should be taken to indicate that all Content on our Services or on any related website has been modified or updated.
5. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through our Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through our Services (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms.
6. THIRD-PARTY MATERIALS
Our Services may integrate with, or contain, third-party products, services, materials, information, or links thereto that are not owned or controlled by us (collectively, “Third-Party Materials”). Third-Party Materials on our Services may direct you to third-party websites that are not affiliated with us. FLY support by any Third-Party Materials or on any third-party websites does not imply any endorsement by Flycoin that such Third-Party Materials or third-party websites are valid, legal, stable or otherwise appropriate. We do not endorse or assume any responsibility for any such Third-Party Materials or third-party websites. If you access or use any Third-Party Materials or third-party websites or share your personal information on or through any Third-Party Materials or third-party websites, you acknowledge and agree that you do so at your own risk and that these Terms and our Privacy Notice do not apply to your use of, or reliance on, such Third-Party Materials or third-party websites. Your dealings with any such third parties, and any other terms, conditions, representations or warranties associated with such dealings, do not involve us and are exclusively between you and such third parties. You should conduct whatever investigation and consult whatever resources that you deem necessary or appropriate before engaging with third parties or using Third-Party Materials or third-party websites. You expressly relieve us from any and all liability arising from your use of, or reliance on, any Third Party Materials or third-party websites. Additionally, your dealings with or participation in promotions of advertisers found on our Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
7. EXPORT CONTROLS
Our Services are subject to United States Export Administration Regulations, and, by using our Services, you represent and warrant that your actions are not in violation of such export control restrictions. Without limiting the foregoing, you may not use our Services if (a) you are a resident, national or agent of Cuba, North Korea, Sudan, Syria or any other country to which the United States embargoes goods (“Restricted Territories”), (b) you are on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals (“Restricted Persons”), or (c) you intend to transact with any Restricted Territories or Restricted Persons.
8. DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of our Services will be accurate or reliable. You agree that we may suspend our Services for indefinite periods of time or cancel our Services at any time without notice to you. You expressly agree that your use of, or inability to use, our Services is at your sole risk. Our Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL FLYCOIN, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM OR RELATING TO YOUR USE OF OUR SERVICES, SERVICES CONTENT, OR ANY THIRD-PARTY MATERIALS, WEBSITES, PRODUCTS OR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN STATES AND JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THIRD-PARTY MATERIALS AND THIRD-PARTY WEBSITES, YOUR CRYPTO WALLET, OR THE ETHEREUM OR POLYGON BLOCKCHAINS, INCLUDING ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST OUR SERVICES, YOUR CRYPTO WALLET, OR THIRD-PARTY MATERIALS AND THIRD-PARTY WEBSITES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100.00).
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide the us with written notice of the events or facts giving rise to the claim within one (1) year of their occurrence.
You agree to defend, indemnify and hold harmless Flycoin and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our Services, including any Content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your willful misconduct; or (vi) any other party’s access and use of our Services with your unique username, password or other appropriate security code.
Any obligations and liabilities which you have incurred prior to the termination date will survive the termination of these Terms for any purpose. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing use of our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any provision of these Terms, we also may terminate these Terms at any time without notice.
Any section of these Terms that, by its nature, should survive the termination or expiration of these Terms will survive, including Sections 3, 6, 8, 9, 10, 11, and 12.
12. BINDING ARBITRATION
12.1. Arbitration Agreement. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND FLYCOIN TO ARBITRATE ANY DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Flycoin that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of our Services, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using our Services; or (d) any other aspect of your relationship or transactions with Flycoin, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your agreement to these Terms.
You can reject and opt-out of this Arbitration Agreement within 30 days of accepting these Terms by emailing us at ,] with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at ,] and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or [California], unless you and Flycoin agree otherwise. If you are using our Services for commercial purposes, each party will be responsible for paying any AAA filing, administrative and Arbitrator fees in accordance with AAA rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using our Services for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and Flycoin agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether any provision of these Terms is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section will be deemed as: preventing Flycoin from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of Services Content, data security, or other proprietary rights; or preventing you from asserting Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of the Arbitration Agreement, which will remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other Claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any Claim regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual Claims in arbitration.
12.2. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE CLAIMANTS’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND FLYCOIN AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON THEIR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER FLYCOIN USERS. YOU AND FLYCOIN FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FLYCOIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
13.1. Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, such determination will not affect the validity and enforceability of any other remaining provisions.
13.2. Governing Law. You agree that: (i) we will be deemed solely based in the State of Delaware; and (ii) our Services will be deemed passive and will not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. These Terms will be governed by the internal substantive laws of Delaware, without respect to its conflict of laws principles and expressly excluding the United Nations Convention on Contracts for the International Sale of Goods. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. You and we agree that any Claim that is not subject to arbitration or cannot be heard in small claims court, will be resolved in the state or federal courts of Los Angeles, California is the proper and exclusive forum for any such proceedings.
13.3 Force Majeure. We will have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures, equipment failures, and Internet disturbances.
13.4 Changes To These Terms. Any new features or tools which are added to the current store will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Services. It is your responsibility to check our Services periodically for changes. Your continued use of or access to our Services following the posting of any changes to these Terms constitutes acceptance of those changes.
13.5 Construction And Interpretation. For purposes of these Terms, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) words denoting the singular have a comparable meaning when used in the plural, and vice-versa. You acknowledge and agree that any ambiguities in the interpretation of these Terms will not be construed against us.
13.6 No Waiver. Our delay or failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
13.7 Contact Information. Questions about these Terms should be sent to us at .
13.8 Entire Agreement. These Terms and any policies or operating rules posted by us on our Services, or in respect to our Services, constitutes the entire agreement and understanding between you and us and govern your use of our Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of these Terms).