We take data privacy and security very seriously. Please review our Privacy Policy and check it for updates as you also routinely check this Agreement. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into this Agreement fully by reference.
You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. If you access the Services from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, please be advised that you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. In accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of thirteen (13) has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as reasonably possible or practical.
This Agreement and your use of the Services are governed by and construed in accordance with the substantive laws of the State of Delaware which are applicable to agreements made and to be entirely performed within the State of Delaware, without regard to the State of Delaware’s conflict of law principles. Procedurally, any disputes arising under this Agreement shall be handled by way of arbitration, as explained further below.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES THE PROCEDURES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR, RATHER THAN BY A JUDGE OR JURY. ANY ARBITRATION UNDER THIS AGREMEENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTION LAWSUITS ARE NOT ALLOWED, AND YOU UNDERSTAND AND AGREE THAT THEY ARE NOT ALLOWED.
Each party waives its right to a jury trial in any court with regard to any action arising under this Agreement, whether made by claim, counterclaim, third-party claim, or otherwise.
Subject to this Section, all disputes between you and us must be resolved by final and binding arbitration. This agreement to arbitrate is intended to be given the broadest meaning under applicable law and includes, but is not limited to: (i) disputes and claims arising out of or relating to any aspect of the relationship between you and us, whether based in statute, fraud, tort, contract, misrepresentation, or any other legal theory; (ii) disputes and claims that arose before this or any prior agreement; and (iii) disputes and claims concerning the scope of this arbitration provision. The arbitration will be conducted by one arbitrator using the procedures described in this Section. The arbitration of any dispute shall be administered by the American Arbitration Association (“AAA”) and shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes which are in effect on the date a dispute is submitted to the AAA. To the extent that such procedures differ from the ones set forth in this Agreement, this Agreement shall govern to the fullest extent permitted by law. You have the right to be represented by legal counsel of your choosing in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and shall strictly enforce this Agreement, and may not limit, expand, or otherwise modify the terms and conditions of this Agreement.
Before you take a dispute to arbitration, you must first write to us at:
xSafety.ai, 4 Bond Street, #77, Great Neck, New York 11023, providing sufficient detail about your dispute, and then give us an opportunity to resolve the dispute. Similarly, before we take a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within thirty (30) days from the date you or we are notified by the other of a dispute, then either party may contact the AAA in writing and request arbitration of the dispute. Information about the arbitration process and the AAA’s Arbitration Rules and fees are available at www.adr.org.
The arbitration will be based only on written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA’s telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Arbitrations under this Agreement shall be confidential to the extent not prohibited by law. Judgment on the award rendered by the arbitrator may be entered in and enforced by any court of competent jurisdiction. The arbitrator’s fees shall be paid equally by the parties, but may be awarded by the arbitrator as provided in the AAA rules.
Nothing in this Section or otherwise shall preclude us from seeking injunctive relief in any court of competent jurisdiction for protection of our intellectual property rights or other proprietary rights, or, in the event of a demonstrable need for emergency relief. All of our rights and remedies upon your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on us, and the exercise of any one remedy will not preclude the exercise of any other.
This Agreement, and any policies or operating rules posted by us on or through the Services, and all modifications made by us from time to time, constitute the entire agreement and understanding between you and us. By agreeing to this Agreement, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
This Agreement shall operate to the fullest extent permissible by law. This Agreement, and any rights and licenses granted hereunder, may not be transferred, licensed, or assigned by you. We may assign any or all of our rights and obligations to others at any time.
If any provision or part of a provision of this Agreement is determined to be unlawful, void, or unenforceable by a court of competent legal jurisdiction, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Agreement or your use of the Services.
You agree that this Agreement will not be construed against us by virtue of having drafted it and provided to you in exchange for access to and use of the Services.
You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In addition to any limitations provided by applicable law, we shall be excused from liability for non-delivery or delay arising from any event beyond our reasonable control, whether or not foreseeable, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, pandemic, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Any provision of this Agreement which by its nature would survive the termination or expiration of this Agreement shall do so.
