Terms & Conditions
VofusWeb, Inc. welcomes you to our website and the applications and services available from us, through our website or other platforms (the “Site” and the “Services”). Your use of the Site and the Services are governed by these Terms of Use. Any time you browse the Site or use the Services in any way, you agree to be bound by these Terms of Use. If you don’t agree to these Terms of Use, do not use the Site or the Services.
Your use of the Services is also subject to our Privacy Policy (the “Privacy Policy”), which is located on the Site, as well as the policies and procedures available on the Site or the Services, as amended from time to time, including our refund and cancellation policies (the “Policies”). The Privacy Policy and the Policies are incorporated by reference into these Terms of Use and these Terms of Use, the Privacy Policy, and the Policies together are hereinafter referred to as this “Agreement”. We reserve the right to modify this Agreement at any time, with such changes becoming effective when we post the modified Agreement to the Site.
We also reserve the right to make any changes to the Site and Services in any manner and to deny or terminate your access to the Site and Services, even if you have an Account, in our sole discretion.
Each time you use the Site or the Services, the then-current version of this Agreement will apply. If you use the Site or the Services after a modification of this Agreement, you agree to be bound by this Agreement as modified.
This Agreement contain important information regarding your rights with respect to the Site and the Services, including your relationship with us, and include an arbitration provision that may limit your ability to pursue claims against us in court. Please read them carefully and review them regularly.
1. Eligibility
If you are under 13 years old, you may not use the Services. When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian
You represent that any information you submit to us when using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation.
2. Registration & Account
Certain of the Services or portions of the Site may require you to register for an account (“Account”), becoming a “Registered User”. As part of the Account creation process, you may be asked to provide a username and password unique to the Account (“Login Information”). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You are solely responsible for any activities occurring under your Account. You have no ownership right to your Account. If you are registering an Account on behalf of an organization under an agreement between us and another organization, that organization may have administrator rights to access your account and any information provided under your Account.
3. Location-based Services
Some of the Services may require that location functionality be enabled on the relevant device in order to work properly. You acknowledge and agree that if location permissions and functionalities are not enabled on the device with which you access the Services, the Services may not work appropriately or at all. We will use any location information we receive from you in accordance with our Privacy Policy.
4. Third Parties
We do not provide, own or control any of the travel services and products that you can access through our Site, such as flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Travel Providers”). The Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Furthermore, the terms of the actual travel provider (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Travel Provider found or accessed through our Site is at your own risk. We do not bear any responsibility should anything go wrong with booking or otherwise using the Travel Products.
The Site may contain links to websites we do not operate, control, or maintain (“Third Party Websites”). We do not endorse any Third Party Websites, and we make no representation or warranty in any respect regarding the Third Party Websites. Any links to Third Party Websites on the Site are provided solely for your convenience. If you do access any Third Party Websites, you do so at your own risk and waive any and all claims against us regarding the Third Party Websites or our links thereto.
5. User Submissions
Portions or features of the Services may allow you to contribute or otherwise provide content or other information to the Services. For such information, data, commentary, communications, downloads, files, text, images, graphics, videos, links, publications, content, tools, resources, programs and products that you post or submit to, or otherwise make available on, the Services (“User Submissions”), you grant us and the users of the Services an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Submissions, with or without having your name attached thereto, in any manner or form and for any lawful purpose, with full rights to sublicense such rights through multiple tiers of distribution. You acknowledge and agree that we shall not be liable for any damages arising out of or related to your User Submissions. You represent and warrant that you own all right, title and interest in and to your User Submission that you post, or that you own or control, or have received the necessary licenses or other rights to, contribute such User Submissions to the Services. You agree not to disclose any Personal Information (as defined in our Privacy Policy) as part of a User Submission. In particular, you represent and warrant that you are the copyright owner of any photographs you make available via the Services, or that you have all appropriate authority and permissions from the copyright holder of such photographs to permit their dissemination on the Site and to otherwise grant the rights addressed herein.
In certain instances, your User Submissions may include trip itinerary information, and we may seek to use such information and provide access to such information to third parties. Before providing such information to any third party, we will seek your permission.
You are solely and entirely responsible for all of your User Submissions. You shall assume all risks associated with any reliance on the accuracy, completeness or usefulness of your User Submissions from or by others. We do not guarantee the accuracy, integrity or quality of the material you contribute or the material anyone else contributes as part of a User Submission. You acknowledge and agree that by accessing or using the Services, you may be exposed to material from others that you find objectionable. You acknowledge and agree that we shall not be liable for any actions or inactions resulting from or related to any User Submission made on the Services.
6. User Conduct
By continuing to use the Site and Services, you agree not to engage in any of the following prohibited uses (“Prohibited Use(s)”). You acknowledge and agree that if it is determined, in our sole discretion, that you have engaged in any Prohibited Use, we may immediately terminate your access to the Site and Services, with no possibility of appeal.
You agree that you will not:
• Promote or conduct any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;
• Upload or otherwise disclose any Personal Information belonging to or about a third party except as required by the Services;
• Share your Account login information for any reason, including to avoid the per-seat fees;
• Copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials, or Services, except in accordance with these Terms of Use;
• Use data mining robots, scraping, or similar data gathering and extraction methods to infringe on our intellectual property and other valid commercial rights;
• Use any means to attempt to or procure the personal information of any other individual, including other users, that may be used to identify or contact such individual without their explicit consent;
• Attempt to or impersonate any individual, even for benign reasons, during the creation of your Account or your use of the Services;
• Use the Site or Services in any manner that infringes any intellectual property rights or other rights of any party;
• Transmit unsolicited or bulk communications to any VofusWeb affiliated e-mail address or otherwise transmit or send spam emails or unsolicited emails to users of the Site;
• Disrupt, interfere with or inhibit any other user from using and enjoying the Site or other affiliated or linked sites or Services;
• Access or use the Site in any manner that could damage, disable, overburden or impair any VofusWeb server or the network(s) connected to any VofusWeb server;
• Violate any applicable laws or regulations related to the access to or use of the Site or Services or engage in any activity prohibited by these Terms of Use;
• Prepare, compile, use, download or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
• Violate our rights or the rights of any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another; or
• Use any VofusWeb domain name as a pseudonymous return e-mail address.
7. Data
You agree that we have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Site and Services, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the Services), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Site Services and for other development, diagnostic and corrective purposes in connection with the Site and Services and other of our offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with our business.
8. Paid Services
We may require Services to be paid for on a recurring basis (“Subscription Services”) or on an as-used basis (“A La Carte Services” and, together with the Subscription Services, “Paid Services”). We have the right to change, delete, discontinue or impose conditions on Paid Services or any feature or aspect of a Paid Service. Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as displayed on the Services at the time of sign up and set forth in your Account settings or as otherwise agreed in writing (“Subscription Fee”). A La Carte Services may subject you to fees charged per usage and/or terms. By using an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage (“A La Carte Fees” and, together with Subscription Fees, the “Paid Service Fees”).
Paid Service Fees may be paid by credit card, debit card, or other payment forms we may permit. If you link a debit or credit card to your Account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card.
Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on the 1st of every month until cancelled. You may cancel a Subscription Service at any time from your Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.
Some of the Services may be billed on a per-seat basis, and you acknowledge and agree that a seat is an individually-named or identified user, and that you are not permitted to share login information.
Some of the Services, including Subscription Services, may have certain usage limits (“Usage Limits”), as described in your Account or the Policies. You acknowledge and agree that we may use technical or other measures to enforce Usage Limits. You also acknowledge and agree that you may incur overage charges for exceeding the Usage Limits per the terms of your Subscription Service (“Overages”), and you authorize us to charge your linked payment account for Overages in accordance with our standard billing procedures.
9. VofusWeb Professional
If you use our professional service (“VofusWeb Professional”), this section of this Agreement applies to you. VofusWeb Professional may allow you to customize the Site, Products, and/or the Services using your own data or intellectual property or store data or intellectual property such as customer lists and content libraries on the Site, Products, and/or the Services as part of the VofusWeb Professional service (such data and intellectual property collectively referred to as “User Data”). You will remain the owner of any User Data and grant us a non-exclusive, worldwide, royalty-free, and fully paid up license to host such User Data in order to provide VofusWeb Professional to you.
As a user of VofusWeb Professional, you acknowledge and agree that you are solely responsible for adhering to all applicable laws, ordinances, and regulations of any name or nature when using VofusWeb Professional, and agree to indemnify and hold us and our affiliates harmless from and against any violation of such laws in accordance with Section 17 of this Agreement. Furthermore, you acknowledge and agree that the Services we offer are purely a software platform and we cannot be and are not responsible either for incorrect, inaccurate, or incomplete information on the Services or for any disputes that arise between you and any Clients or vendors of other products or travel services. You represent and warrant that you have insurance coverage of a type and limit appropriate for your business, and you acknowledge and agree that we may require you, now or in the future, to provide us with proof that you hold insurance satisfactory to us in our sole discretion as a condition for your use of VofusWeb Professional.
10. Payment Tool
One of the Services we may offer is an invoicing and payment collection tool (the “Payment Tool”) for users of VofusWeb Professional (“Professionals”) to invoice and collect payment from their clients (“Clients”). We are not a party to any agreement between Professionals and Clients.
In order to use the Payment Tool, Professionals shall list their terms and conditions, which such terms will be included on any invoices or bills provided under the Payment Tool (each an “Invoice”). We do not offer refunds for Invoices. Once a Client pays an Invoice, any future dispute regarding the payment of such Invoice shall be directed to the Professional that issued the Invoice, and, you, whether you are a Client or a Professional, acknowledge and agree that (i) we are not a party to any agreement between Clients and Professionals and (ii) that all Invoice payments are subject to the terms and conditions of the Invoice.
If you are a Professional using the Payment Tool, you appoint us as your limited collection agent solely for the purpose of accepting Invoice payments from your clients. You agree that payment made from a Client to us will be considered the same as a payment made directly to you as a Professional. Our obligation to pay you is subject to and conditional upon successful receipt of associated payments from Clients. In accepting appointment as the limited authorized agent of a Professional, we assume no liability for any of the Professional’s acts or omissions.
As a Professional using the Payment Tool, you acknowledge and agree that you are solely responsible for the calculation and payment of any and all taxes required to be paid on funds invoiced and/or collected using the Payment Tool.
If you are a Client, you acknowledge and agree that notwithstanding the fact that we are not a party to any agreement between you and a Professional, we act as the Professional’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Professional. Upon your payment to us of the full amount of any particular transaction, your payment obligation to the Professional is extinguished.
We expressly disclaim any liability that may arise between users of the Payment Tool, with the exception of our role as a limited payment collection agent for Professionals.
11. Payment Processing
Payment processing services on the Services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of our enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe.
12. Quality, Accuracy, and Completeness
The Site may occasionally contain information found to be inaccurate, incomplete or out of date. VofusWeb makes no representations as to the completeness or accuracy of the Site or Services and other information, advice or recommendations made available on this Site, nor does it make any representations or warranties as to the quality or safety of any Services, Travel Products, or other third party products or services offered or made available via the Site. All features, content, specifications and prices of Travel Products and Services described or depicted on this Site are subject to change without notice. The inclusion of any Travel Product or Service on this Site at a particular time does not imply or warrant that such Travel Product or Service will be available at any time.
13. Intellectual Property Rights
Except as expressly provided herein, the Site and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the same may violate such laws and this Agreement. Except as expressly provided herein, we do not grant any express or implied right to use the Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Services, any portions thereof, or the selection and/or arrangement of the Site or the Services. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site or Services, or to otherwise take any action that may infringe on our Intellectual Property Rights.
The trademarks, service marks, logos and URLs (collectively, the “Marks”) displayed on this Site are the property of us, our licensors or other third parties. You are not permitted to use the Marks without the prior written consent of us, our licensors or such third party that may own the Marks.
14. Copyright Infringement
We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement. Send copyright infringement complaints to the following email address: copyright@VofusWeb.com. We suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for false claims under the DMCA.
15. Warranty Disclaimer
You agree that the Services are available on an “as is” basis, without any warranty, and that you use the Services at your own risk. We disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, errors, or omissions in the Services or on the Site, (d) warranties relating to the accuracy or correctness of data on the Services, and (e) any other warranties otherwise relating to our performance, nonperformance, or other acts or omissions.
We do not warrant that the Site or the Services will operate error-free or that the Site is free of computer viruses and/or other harmful materials. If your use of the Site or the Services results in the need for servicing or replacing equipment or data, we are not responsible for any such costs.
You acknowledge and agree that (a) we do not control, endorse, or accept responsibility for any products, materials, or services offered by third parties; (b) we make no representations or warranties about such third parties, their products, materials, or services; (c) any dealings you may have with such third parties are at your own risk; and (d) we shall not be liable or responsible for any product, materials, or services offered by third parties.
We expressly disclaim any and all liability with respect to any damages, personal injury, or other harm that may be caused by your reliance on any suggestions, recommendations, or other information provided on the Services.
To the extent applicable, you hereby waive the protections of California Civil Code § 1542 (and any other analogous law in any other applicable jurisdiction) which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
16. Limitations of Liability
Any liability we have to you in connection with this Agreement, under any cause of action or theory other than a claim that we failed to forward payments received from Clients to Professionals pursuant to Section 10 hereof, is strictly limited to the greater of (i) $100 or (ii) the amount paid to us by you in the six month period immediately prior to the time such cause of action accrued. Without limiting the previous sentence, in no event shall we or any of our affiliates be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with, this Agreement. The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our affiliates have been advised of the possibility of such damages.
You agree to indemnify and hold us harmless for any breach of security or any compromise of your Account.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
17. Indemnification
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively, “Claims”), made by any third party due to or arising out of your use of the Site and Services in violation of this Agreement, any breach of the representations and warranties you make in this Agreement, or your User Submissions. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.
18. Electronic Signatures and Notices
Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has same legal rights and obligations as a physical signature.
If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.
19. Governing Law
This Agreement is governed by Nebraska law, without giving effect to conflicts of law principles. You agree that, to the extent applicable and expressly subject to the Dispute Resolution provisions below, to submit to the exclusive jurisdiction of the state and federal courts located in Lancaster County, Nebraska in circumstances where this Agreement permits litigation in court.
20. Dispute Resolution
Please read this section carefully. It contains procedures for mandatory binding arbitration and a class action waiver.
Notice Requirement and Informal Dispute Resolution. Before either we or you may seek arbitration, the party seeking arbitration must send the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and the requested relief. A Notice to us should be sent to: VofusWeb, Inc., 151 N. 8th Street, BSMT, Lincoln, NE 68508, Attn: CEO. After the Notice is received, you and we may attempt to resolve the claim or dispute informally. If we do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) shall be resolved through binding non-appearance-based arbitration. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in Lincoln, Nebraska, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. The arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If either you or we pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties involved, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 20 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE PLATFORM USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PLATFORM USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. You agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Section 20, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Section 20 are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Section 20may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Section 20.
Survival of Agreement. This Section 20 will survive the termination of your relationship with us.
Small Claims Court. Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Section 20.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of our patent, copyright, trademark or trade secrets rights shall not be subject to this Section 20.
21. Miscellaneous
We may assign, transfer, delegate, or otherwise hypothecate our rights under this Agreement in our sole discretion. If we fail to enforce a provision of this Agreement, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of this Agreement is held or made invalid, the invalidity does not affect the remainder of this Agreement. We reserve all rights not expressly granted in this Agreement and disclaim all implied licenses.
