Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
a. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Crypto Karaoke's address for Notice is: TVM.Bio, Inc., ATTN: Legal Department, 3030 N. Rocky Point Dr., Suite 150, Tampa, FL 33607. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). During the arbitration, the amount of any settlement offer made by you or Crypto Karaoke must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award, Crypto Karaoke will pay you the highest of the following: (1) the amount awarded by the arbitrator, if any; or (2) the last written settlement amount offered by Crypto Karaoke in settlement of the dispute prior to the arbitrator's award.
b. Waiver of Class Actions. YOU AND CRYPTO KARAOKE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. Further, unless both you and Crypto Karaoke agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding
c. Waiver of Jury Trial. Except where a jury trial waiver is not permissible under applicable law, YOU AND CRYPTO KARAOKE AGREE TO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY. You and Crypto Karaoke are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and Crypto Karaoke over whether to vacate or enforce an arbitration award, YOU AND CRYPTO KARAOKE WAIVE ALL RIGHTS TO A JURY TRIAL.
d. Modifications to this Arbitration Provision. Except as otherwise provided in this Agreement, if Crypto Karaoke makes any future change to this arbitration provision, other than a change to Crypto Karaoke’s address for Notice in Section 21.e, you may reject the change by sending Crypto Karaoke written notice within thirty (30) days of the change to Crypto Karaoke’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Crypto Karaoke.
e. 30 Day Right to Opt out. You may opt out of this arbitration agreement. If you do so, neither you nor Crypto Karaoke will be bound by the arbitration obligations in this Section 21. To opt out, you must notify Crypto Karaoke in writing no later than thirty (30) days after first registering to use the Service. Your notice must include your name and address, your Crypto Karaoke username and the email address you used to set up your Crypto Karaoke account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: TVM.Bio, Inc., ATTN: Arbitration Opt-out, 3030 N. Rocky Point Dr., Suite 150, Tampa, FL 33607.
f. Enforceability. If Section 21.f above is found to be void or unenforceable, then the entirety of this Section 21 will be null, and void and the parties shall be deemed to have not agreed to arbitrate disputes. If this Arbitration Provision is invalidated in whole or in part, Section 22 shall govern any claim in court arising out of or relating to these Terms or your use of the Service.
22. VENUE
To the extent a claim, dispute, or controversy arises out of or in connection with these Terms or your use of the Service that is not subject to mandatory arbitration under Section 21, both you and Crypto Karaoke agree that all such claims and disputes will be litigated exclusively in Hillsborough County, Florida. You and Crypto Karaoke consent to the personal jurisdiction of this court.
23. TIME FOR FILING
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIM AGAINST CRYPTO KARAOKE MUST BE COMMENCED BY FILING A DEMAND FOR ARBITRATION UNDER SECTION 21 (OR BY FILING AN ACTION UNDER SECTION 22 TO THE EXTENT SECTION 21 DOES NOT APPLY) WITHIN ONE YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM. YOU AGREE THAT THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD
24. INDEMNITY
To the fullest extent permitted by law, you agree to defend, indemnify, and hold Crypto Karaoke harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (a) your breach of this Agreement; (b) your access to, use, or misuse of Crypto Karaoke Content or the Service; or (c) your User Content. You will not be required to indemnify and hold us harmless from and against any applicable claims or demands to the extent resulting from Crypto Karaoke’s own negligent conduct.
Crypto Karaoke will provide notice to you of any applicable claim, suit, or proceeding. Crypto Karaoke reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if Crypto Karaoke believes that you are unwilling or incapable of defending Crypto Karaoke’s interests. In this case, you agree to cooperate with any reasonable requests assisting Crypto Karaoke’s defense of the applicable matter at your expense.
25. NOTICE TO NEW JERSEY USERS
Notwithstanding any terms set forth in these Terms, if any of the provisions set forth in Sections 22, 23, or 24 are held unenforceable, void or inapplicable under New Jersey law, then any applicable provision shall not apply to you but the rest of these Terms shall remain binding on you and Crypto Karaoke. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms, nothing in these Terms is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
26. NOTICE TO CALIFORNIA USERS
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to admin @CryptoKaraoke.app. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.
27. ADDITIONAL TERMS
From time to time, Crypto Karaoke may require you to agree to additional terms and/or policies that it makes available to you in connection with your use of the Service or in connection with a special promotion ("Additional Terms"). Except as expressly stated otherwise, the applicable Additional Terms are hereby incorporated into and subject to this Agreement. This Agreement will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.
28. SEVERABILITY
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of the applicable provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect
29. LOCAL LAWS
We control and operate the Service from Crypto Karaoke’s offices in the State of Florida. Crypto Karaoke makes no representation that materials on the Service are appropriate, lawful, or available for use in any locations other than the United States of America. Those who choose to access or use the Service from locations outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the content or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.
30. NOTICE REGARDING APPLE
If you are using the Apps on an iOS-based device, you acknowledge that this Agreement is between you and Crypto Karaoke only, not with Apple, and Apple is not responsible for the Apps or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Apps. Apple is not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that any App or your possession and use of any App infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Apps. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement.
You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
31. GENERAL
a. Translations. If Crypto Karaoke provides a translation of the English language version of this Agreement, then the translation is provided solely for convenience, and the English version will prevail.
b. Independent Contractors. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Crypto Karaoke as a result of this Agreement or your use of the Service.
c. Waiver. Failure of Crypto Karaoke to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against Crypto Karaoke unless made in writing, and no applicable waiver will be construed as a waiver in any other or subsequent instance.
d. Entire Agreement. Except as expressly agreed by Crypto Karaoke and you, these Terms constitute the entire agreement between you and Crypto Karaoke with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
e. Section Headings. The Section headings herein are provided merely for convenience and will not be given any legal import.
f. Assignment. This Agreement will inure to the benefit of Crypto Karaoke’s successors and assigns. You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of Crypto Karaoke. Crypto Karaoke may assign this Agreement, including all its rights hereunder, without restriction
32. CONTACT US
If you would like to contact Crypto Karaoke in connection with your use of the Service, you may reach out by mail at TVM.Bio, Inc, ATTN: Crypto Karaoke Community, 3030 N. Rocky Point Dr., Suite 150, Tampa, FL 33607, and by email at Crypto Karaoke Support here.
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