LFA INTERNATIONAL, INC.,
TERMS OF SERVICE
THE TERMS OF SERVICE (“TERMS OF SERVICE”) IS A LEGALLY BINDING CONTRACT BETWEEN YOU (“YOU”) AND LFA INTERNATIONAL, INC. D/B/A NABU.ORG (“NABU”) AND SETS FORTH THE TERMS AND CONDITIONS THAT GOVERN USE OF THE MOBILE APPLICATION AND ALL RELATED SOFTWARE PROGRAMS AND OTHER SERVICES PROVIDED BY NABU (“SERVICES”). BY USING ALL OR ANY PORTION OF THE SERVICES, YOU ACKNOWLEDGE AND ACCEPT ALL THE TERMS AND CONDITIONS STATED OR REFERENCED IN THE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF SERVICE, OR IF YOUR AUTHORIZATION TO ACCESS THE SERVICES IS REVOKED FOR ANY REASON, YOU ARE NOT PERMITTED TO ACCESS THE SERVICES AND MUST IMMEDIATELY STOP ANY ACCESS OR USE OF THE SERVICES.
ARBITRATION. THE TERMS OF SERVICE INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTES/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THE TERMS OF SERVICE ALSO INCLUDE A JURY WAIVER. DO NOT ACCESS OR USE THE SERVICES IF YOU DO NOT AGREE TO THE TERMS OF SERVICE IN THEIR ENTIRETY.
(a) You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, You agree to use the Services at Your sole risk and that Nabu shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services may also display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”). By using the Services, You acknowledge and agree that Nabu is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Nabu does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.
(b) You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Nabu is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
(c) In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to/from your electronic device are not available in all languages or in all countries. Nabu makes no representation that Services and Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Nabu and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Nabu be liable for the removal of, imposing limits on, or disabling of access to any such Services, or any portion thereof.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
(a) Governing Law. The Terms of Service (including any non-contractual claim) shall be governed by, and construed in accordance with, the laws of the State of New York, United States of America, without regard to choice or conflicts of law provisions.
(b) Jurisdiction. You and Nabu agree that the state or federal courts in the City of New York, State of New York shall be the jurisdiction of any dispute, claim, or controversy that relates to or arises in connection with the Terms of Service (including any non-contractual claim) for non-U.S. residents subject to applicable governing law that prohibits arbitration of disputes in accordance with the “Dispute Resolution” section.
(a) No Class or Representative Proceedings; Class Action Waiver. PLEASE READ THIS PROVISION CAREFULLY; IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THIS PROVISION DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
(b) Dispute Notice. It is Nabu’s goal that the Services meet your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Nabu is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Nabu, you acknowledge and agree that you shall first give Nabu an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to Nabu.org, 110 E 25th Street, New York, NY 10010. You then agree to negotiate with Nabu in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Nabu’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
(c) Obligation to Arbitrate; Exceptions. You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services and the Terms of Service shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the Nabu-related entities’ or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Nabu-related Entities and/or the applicable third party(ies). You and we acknowledge that the Terms of Service affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
(d) Arbitration Terms. Arbitration under the Terms of Service shall be conducted by JAMS within the State of New York, County of New York. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (pursuant to JAMS’ Streamlined Arbitration Rules and Procedures) (“Applicable Rules”). The Applicable Rules, as well as instructions on how to file an arbitration proceeding with JAMS, appear at www.jamsadr.com. By agreeing to be bound by the terms of service, you either (a) acknowledge and agree that you have read and understand these rules or (b) waive your opportunity to read these rules and any claim that these rules are unfair or should not apply for any reason.
(e) Award. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
(f) Location. The arbitration shall be held: (i) at a location determined by JAMS pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles); (ii) at such other location as may be mutually agreed upon by you and Nabu; or (iii) at your election, by telephone or by written submission, as applicable.
(g) Costs. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.
(h) Small Claims Exception. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
(i) Opt-Out. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do not agree to this mandatory arbitration provision with regard to your use of the Services, then prior to accessing and/or using the Services, you may opt-out of this part of the Terms of Service sending written notification to the following address:
110 E 25th Street
New York, NY 10010
(j) No Joinder. To the fullest extent permitted by Applicable Law, NO ARBITRATION OR OTHER CLAIM UNDER THE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
(k) Jury Trial Waiver. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND NABU BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
(l) Period for Claims. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU RELATED IN ANY WAY TO THE TERMS OF SERVICE BE INSTITUTED MORE THAN THREE (3) YEARS AFTER THE CAUSE OF ACTION AROSE.
(m) Injunctive Relief. The foregoing provisions of this “Dispute Resolution” section will not apply to any legal action taken by you or Nabu to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services or Nabu’s intellectual property rights.
(n) Interpretation and Enforcement. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction pursuant to the “Governing Law” section and not in arbitration in accordance with this section.
Effective Date: April 4, 2019