PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: October 24th 2017
Please read on to learn the rules and restrictions that govern your use of our website(s), services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com.
There are three different types of users of the Services: “Buyers” (those purchasing products through the Services), “Recommenders” or “Sellers” (those recommending products through the Services), and “Brands” (those supplying the products displayed on or sold through the Services). Additional terms and conditions apply to you depending on what type of user you are, as indicated throughout these Terms. When you sign up for an account, you may also be presented with terms and conditions specific to the type of user you are; any such terms and conditions are hereby deemed a part of these Terms.
Plazah is an online peer-to-peer marketplace. Plazah is acting solely in the capacity of an intermediary that facilitates transactions between Buyers, Recommenders and Brands. It is not and should not be construed as a manufacturer, retailer, supplier, distributor, reseller, or sales agent. All transactions that take place through the Services are between the Brand supplying the product through the Services and the Buyer of said product. Your use of the Services in no way implies that you are employed by Plazah. Nor may it be construed as such. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Plazah, and you do not have any authority of any kind to bind Plazah in any respect whatsoever.
NOTICE: Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the https://plazah.com website, by sending you an email, or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, you are expressly agreeing to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
You may be required to sign up for an account, and select a password and user name (“Plazah User ID”). Any terms and conditions which you are required to agree to as part of signing up for an account are deemed a part of these Terms. For example, if you sign up as a Recommender, then the Recommender Terms and Conditions presented to you in connection with signing up are deemed part of these Terms (See below, “Additional Terms and Conditions for Recommenders”)
You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Plazah User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you and these Terms. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including Plazah);
Violates any law or regulation, including, without limitation, any applicable export control laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your Plazah account or anyone else’s (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content(through use of manual or automated means);
Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
You won’t send Spam! By "spam" we adhere to the definition on the Spamhaus website (spamhaus.org);
You won’t use purchased, rented, or third-party lists of email addresses.
A violation of any of the foregoing is grounds for termination, without notice, of your right to use or access the Services.
The materials displayed or made available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Plazah’s) rights.
You understand that Plazah owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; if you do download Content, all of the above restrictions still apply.
For all User Submissions, you hereby grant Plazah a license to translate, modify (for technical purposes, for example making sure your Content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Plazah account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Plazah the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission in a manner that only certain specified users can view (for example, a private message to one or more other users)(a “Limited Audience User Submission”), then you grant Plazah the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Plazah the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Plazah users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services or otherwise in connection with Plazah’s business for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide, provided that when you delete your Plazah account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that Content from Plazah’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
If you are a Brand marketing a product through the Services, you hereby grant us a limited, non-exclusive, non-transferable, revocable license to your names, marks, logos, and other identifiers for the Services (“Trademarks”) only for the purpose of displaying and selling your product through the Services. Plazah will only use Trademarks in the form and manner, and in accordance with the quality standards and usage guidelines that Brand specifically prescribes and only in connection with the Services; and upon termination of this Agreement for any reason, Plazah will cease all use of the Trademarks. Finally, you understand and agree that Plazah, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Your User Submission is subject to the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Plazah, which allows users to request removal of material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing Content. If you believe that someone’s copyright is being violated, please contact us immediately at firstname.lastname@example.org. To learn more about the DMCA, go to http://www.copyright.gov/legislation/dmca.pdf.
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Plazah has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Plazah will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. YOU AGREE THAT PLAZAH SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS.
If there is a dispute between participants on this site, or between users and any third party, you agree that Plazah is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Plazah, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Eligibility and Terms. In order to submit an order for products through the Services, or to act as a Recommender or Brand, you must be at least 18 years old and have a valid credit card or other Payment Method (defined below) accepted by the Services (which may change from time to time in Plazah’s sole discretion) with full authority to use it. Plazah reserves the right, in its sole discretion, to take steps to verify your identity or eligibility to access and use the Services. Any payment terms presented to you in the process of ordering or recommending products through the Services are deemed part of these Terms (“Payment Terms”). In the event of any conflict between these Terms and the Payment Terms, the latter will control.
Product Descriptions and Availability. Descriptions, images, references, features, content, specifications, products, prices, and availability of any products made available through the Services are subject to change without notice. The inclusion of any products on the Services at a particular time does not imply or warrant that these products will be available at any time. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product on the Services; to bar any Buyer from making any or all purchases; or to refuse to provide any Buyer with any product.
Pricing. The current prices can be found on the Services. Brands – not Plazah – determine the prices of products displayed on the Services. Such prices do not include any shipping and handling charges, or taxes, which will be noted in the Payment Terms during the checkout process. Plazah cannot confirm the price of an item until Buyer orders it. If the price of an item sold through the Services is higher than represented on the Services, we may, in our sole discretion, cancel your order and notify you of such cancellation, or contact you in order to determine whether you still want to proceed with the transaction.
Your legal obligations. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) regarding the possession, use, and sale of any product purchased through the Services. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Order Processing. While Plazah is not the seller or supplier of any product shown through the Services, all orders are nonetheless subject to acceptance by us. We may choose not to accept your order for any reason without liability to you, and Plazah reserves the right to refuse any order or transaction, in its sole discretion. If we decide not to process your order or if we cancel all or a portion of your order, Plazah will either not charge you for the applicable item(s) or provide you with a refund for the applicable item(s).
Risk of Loss. The risk of loss and title for all products you order passes to Buyer upon Brand’s delivery of products to the carrier (such as FedEx, UPS, or USPS). Shipping. Unless otherwise agreed in writing, all products displayed on the Services are designated for direct fulfillment. Brands – not Plazah – are responsible for shipping purchased products directly to the Buyer. Buyer may choose the method of shipment, timing and address for delivery, and such elections will form part of the Payment Terms. Buyer will be charged shipping and handling charges accordingly based on his choices. Brand agrees to be responsible for managing and paying for transportation of products to the Buyer.
Returns and Refunds. Returns and refunds for products ordered through the Services are handled directly between Buyer and Brand. Plazah will not involve itself in the processing of such returns or refunds. Refunds (or credits to Buyer’s Billing Account) are in Brand’s sole discretion.
Customer Service. If you have any questions about a particular product, or you have questions about shipping or making a return, please contact us at email@example.com.
Recommenders’ Commission. Recommenders earn a margin on each transaction conducted through the Services which results from a Buyer purchasing a product using the referral link provided by Recommenders as set forth in the section “Additional Terms and Conditions for Recommenders” below.
Taxes. Buyer will be responsible for the payment of shipping charges and any fees or taxes (including federal, national, state, local sales or use taxes or value added taxes that Buyers are legally obligated to pay) applicable to Buyers for any payments made hereunder. These taxes will be noted to Buyer in the Payment Terms. For further information about taxes that apply to Brands and Recommenders, please refer to the Brand Terms and the Recommender Terms, respectively.
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
You’re free to do that at any time, by contacting us at firstname.lastname@example.org please refer to our
Plazah is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Plazah has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Plazah.
If you have deleted or suspended your account by mistake, contact us immediately at email@example.com - we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
These Terms apply to your use of all the Services, including the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
Both you and Plazah acknowledge that the Terms are concluded between you and Plazah only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Plazah, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Plazah, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Plazah acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms or agreement which may affect or be affected by such use;
Both you and Plazah acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Warranty Disclaimer. Neither Plazah nor its licensors, Recommenders or suppliers make any representations or warranties concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors, suppliers and Recommenders) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Plazah or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY PLAZAH (AND ITS LICENSORS, BRANDS AND RECOMMENDERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE) SHALL PLAZAH (OR ITS LICENSORS, SUPPLIERS OR RECOMMENDERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY LOSSES RELATING TO ANY PRODUCT PURCHASED ON OR THROUGH THE SERVICES OR (B) FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (i) $100 OR (ii) THE AMOUNTS PAID BY YOU TO PLAZAH IN CONNECTION WITH THE PRODUCT PURCHASED THROUGH THE SERVICES THAT CONSTITUTES THE SUBJECT MATTER OF THE CLAIM , OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. PRODUCTS PURCHASED BY BUYER THROUGH PLAZAH ARE NOT OUR PRODUCTS, AND WE DISCLAIM ANY AND ALL WARRANTIES RELATED TO SUCH PRODUCTS. EACH BRAND IS FULLY RESPONSIBLE FOR THE PRODUCTS IT PROVIDES TO YOU. YOU WAIVE AND RELEASE US FROM ANY AND ALL INJURIES, DAMAGES, CLAIMS, LIABILITIES, AND COSTS SUCH PRODUCTS MAY CAUSE YOU TO SUFFER ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF ANY BRAND IN CONNECTION WITH THE BRAND’S PRODUCTS. WE’RE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF ANY BRAND OR BRAND PRODUCTS. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCTS AND CONTENT OF BRANDS OR ANY OTHER THIRD PARTIES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Plazah, its affiliates, officers, agents, employees, Recommenders, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). Brand agrees to indemnify and hold Plazah, its affiliates, officers, agents, employees, Recommenders, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to the products supplied by Brand through the Services.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Plazah’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof and without regard to the Convention on Contracts for the International Sale of Goods.
Arbitration Agreement. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PLAZAH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. Both you and Plazah acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Plazah’s officers, directors, employees, Buyers, Recommenders, Brands and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Arbitration Rules; Applicability of Arbitration Agreement. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
Costs of Arbitration. The JAMS rules will govern payment of all arbitration fees. Plazah will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Small Claims Court. Furthermore, either you or Plazah may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work.
Waiver of Jury Trial. YOU AND PLAZAH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Plazah are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Plazah over whether to vacate or enforce an arbitration award, YOU AND PLAZAH WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to firstname.lastname@example.org within 30 days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement.
Exclusive Venue. If you send the opt-out notice in (f), or in any circumstances where the foregoing arbitration agreement permits either you or Plazah to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and Plazah agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Santa Clara County, California, or the Northern District of California.
Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Plazah agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Plazah, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Plazah, and you do not have any authority of any kind to bind Plazah in any respect whatsoever.
Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Plazah agree there are no third party beneficiaries intended under these Terms.
By using the Services, each Recommender certifies that he or she is not affiliated with Plazah or any Brand and is making his or her recommendation for his or her sole benefit and his or her recommendation is based on detailed knowledge of the Brand’s product gathered from use of the product, knowledge of the product, research on the product, expertise in the area of the product’s common use or some other means from which deep knowledge of the product might reasonably be acquired. A Recommender who can meet these standards will be considered a “Certified Recommenders.”
Recommenders earn a margin on each transaction conducted through the Services which results from a Buyer purchasing a product using the referral link provided by Recommenders (“Commission”). Recommenders may also be paid, depending on the transaction: 1) per offer sent to potential buyers, 2) per product recommended to potential buyers, and 3) per sales made by the sellers he/she invited to join Plazah (these payments shall also be considered part of Recommenders Commission.) Recommenders may be authorized by Plazah, in certain cases, to share some of their Commission with the Buyer at Recommender’s sole discretion, thereby lowering the price Buyer has to pay for the recommended product. Where applicable, this will be detailed in the Payment Terms associated with that particular transaction.
Payments of Commission to Recommenders may be subject to deductions or withholdings. Recommenders will provide us with any forms, documents, or certifications required for us to satisfy reporting or withholding obligations with respect to any payments under these Terms.
Indemnity of Recommenders
Plazah will defend and hold Recommenders harmless from any claims by Buyers or Brands that result from Recommenders’ recommendation of a Product provided that Recommenders can demonstrate that they are Certified Recommenders. Plazah will not have any indemnity obligations to Recommenders in the event it is the Recommenders’ negligence or willful misconduct that gave raise to the claims.
Recommenders are responsible for all taxes (including federal, national, state, local sales or use taxes or value added taxes that Buyers are legally obligated to pay) applicable for Commissions and any other taxable amounts or events generated by making recommendations of products in the Services.
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to email@example.com and we will try to resolve your concerns.
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