Re:amaze Terms of Service
Last Revised: 2/28/2024
To access our Site or our Applications, you may be asked to create a User Account, Team Account, or both. A User Account identifies you in relation to the services provided and a Team Account relates your User Account to other Users for the purposes of providing Application services. To make these Terms easier to read, the Site and our Applications are collectively referred to as the “Services.” The terms “you”, “your”, “your team”, “User”, or “Team” shall refer to any individual or entity who accepts these Terms, has access to your User Account, your Team Account, or uses the Site or the Services. The term “Account” shall refer to your “User Account” and “Team Account” collectively. In addition, the services provided by Re:amaze may be accessed directly or indirectly by individuals or entities related to you or your business but not directly via a Re:amaze User Account and shall be referred to as “your customers”, “guests” or “visitors”.
1. ACCEPTANCE OF TERMS OF SERVICE
2. DESCRIPTION OF SERVICES
Re:amaze’s services aim to provide you with a customer service, live chat, and help desk platform, enabling customer service and conversion support. Services include integrations into third party communications platforms including, but not limited to, email, text messaging, and social platform messaging along. Re:amaze also provides the ability to engage your customers proactively or in automated ways. Lastly, Re:amaze allows you to publish content for the purposes of consumption by site visitors or other guests. These services are provided to your Team so that multiple Users related to your business can access this functionality.
Re:amaze may, in its sole and absolute discretion, change or modify these Terms at any time, and such changes or modifications shall be effective immediately upon posting on the Site. Your use of the Services after such changes or modifications have been made shall constitute your acceptance of these Terms as last revised. If you do not agree to be bound by these Terms as last revised, do not use (or continue to use) the Services. It is therefore very important that you keep your Account information current. Re:amaze assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, Re:amaze may terminate your use of Services for any violation or breach of any of the terms of these Terms by you.
RE:AMAZE RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, PRICES AND FEES FOR THE SAME, AT ANY TIME.
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Re:amaze and are not barred from using the Services under applicable law. You represent and warrant that you (a) have not previously been suspended by Re:amaze or removed from the Site; (b) are not a competitor of Re:amaze; and (c) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.
If you are entering into these Terms on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the Terms. If, after your electronic acceptance of the Terms, Re:amaze finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms, including, but not limited to, the payment obligations. Re:amaze shall not be liable for any loss or damage resulting from Re:amaze’s reliance on any instruction, notice, document, or communication reasonably believed by Re:amaze to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Re:amaze reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of these Terms for transactions entered into by you, anyone acting as your agent and anyone who uses you’re Account, as defined below, or the Services, whether or not authorized by you.
5. REGISTRATION/ACCOUNT DETAILS
If you want to use certain features of the Services, you’ll have to create a User Account and a Team Account (collectively the “Account”), which you can do so by agreeing to these Terms and creating your Account on the Site. In creating an Account, you will be required to provide certain information, as requested by Re:amaze, and establish your login credentials. It’s important that you provide us with accurate, complete, and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account.
You must be a human to create an Account; Accounts registered by “bots” or other automated methods are not permitted. You agree that you won’t share your Account password to anyone lacking authorization to access your Account and you’ll notify us immediately of any breach of security or unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them. You agree that one person or legal entity may not maintain more than one active trial Account at one time, and Re:amaze reserves the right to suspend or terminate any and all of your Accounts for violating this provision.
RE:AMAZE WILL NOT BE LIABLE FOR ANY LOSS YOU INCUR DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT. YOU, HOWEVER, MAY BE LIABLE FOR ANY LOSS RE:AMAZE OR OTHERS INCUR CAUSED BY YOUR ACCOUNT, WHETHER CAUSED BY YOU, OR BY AN AUTHORIZED PERSON, OR BY AN UNAUTHORIZED PERSON.
6. USE AND AVAILABILITY OF THE SERVICES
Subject to the terms and conditions of these Terms and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
We do not set an arbitrary limit or cap on the amount of resources you can use, except where noted in a Services plan description. In good faith and subject to these Terms, we make every commercially reasonable effort to provide you with all the storage and bandwidth resources needed to power the Services, as long as your use of the Services complies with these Terms. Re:amaze is not intended to provide unlimited space for online storage, backups, or archiving of electronic files, documents, or log files and any such prohibited use of the Services will result in the termination of your Account, with or without notice.
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
7. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
- Your use of this Site and the Services, including any content you submit, will comply with these Terms, any applicable services agreement or policy that may apply to your Services, and all applicable local, state, national and international laws, rules and regulations.
- You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent unless that User is part of your Team Account.
- You will not use this Site or the Services in a manner (as determined by Re:amaze in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, including falsely assuming the identity of a Re:amaze employee, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Re:amaze or Re:amaze’s Services.
- You will not perform any false, abusive, or fraudulent activity;
- You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not modify, adapt, or hack the Applications or modify another website so as to falsely imply that it is associated with the Applications, Re:amaze, or any other Service;
- You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by Re:amaze;
- You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies;
- You will not access Re:amaze Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Re:amaze may designate;
- You agree to back-up all of your User Content so that you can access and use it when needed. Re:amaze does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content;
- You will not re-sell or provide the Services for a commercial purpose, including any of Re:amaze’s related technologies, without Re:amaze’s express prior written consent;
- You will not to circumvent, disable, or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Re:amaze Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Re:amaze Content or the User Content therein;
- You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested;
- You are aware that Re:amaze reserves the right to contact you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether Re:amaze asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Re:amaze is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Re:amaze that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from Re:amaze. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of Re:amaze that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from Re:amaze. Message and data rates may apply;
- Without limiting any of the rights set forth elsewhere in these Terms, Re:amaze expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of these Terms or any other agreement or any Re:amaze policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by Re:amaze in its sole and absolute discretion);
- If your purchase or Account activity shows signs of fraud, abuse, or suspicious activity, Re:amaze may cancel any Service associated your name, email address or Account and close any associated Re:amaze accounts. If you conducted any fraudulent activity, Re:amaze reserves the right to take any necessary legal action and you may be liable for monetary losses to Re:amaze including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact Re:amaze.
WE RESERVE THE RIGHT, BUT ARE NOT OBLIGATED, TO REMOVE OR DISABLE ACCESS TO ANY CONTENT, AT ANY TIME AND WITHOUT NOTICE, IF WE, AT OUR SOLE DISCRETION, CONSIDER ANY CONTENT TO BE OBJECTIONABLE OR IN VIOLATION OF THESE TERMS. WE HAVE THE RIGHT TO INVESTIGATE VIOLATIONS OF THESE TERMS OR CONDUCT THAT AFFECTS THE SERVICES. WE MAY ALSO CONSULT AND COOPERATE WITH LAW ENFORCEMENT AUTHORITIES TO PROSECUTE USERS WHO VIOLATE THE LAW.
8. PROTECTION OF YOUR DATA
Re:amaze offers certain hosted Services available to you that may involve the processing of personal data about you, your customers and/or web users (“Customer Data”) in the course of your use of these Services. Customer Data, for the purpose of this Section, excludes any User Content. Our Controller to Processor Data Processing Amendment (“DPA”), which is hereby incorporated by reference, is meant to provide you contractual assurance that we have robust mechanisms to ensure the processing of Customer Data, including transfers of Customer Data from the European Economic Area to a third country, meets with compliance under applicable data privacy laws.
For the purposes of the Controller to Processor DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your applicable affiliates) are considered the Data Controller/Data Exporter, and your acceptance of the Terms of Service governing Services at the time of purchase will also be treated as your acknowledgement and acceptance of the Controller to Processor DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable). If you wish to print, sign and return a physical copy of the Controller to Processor DPA, please send an email request to email@example.com.
9. USER CONTENT
Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). All content submitted through your Account is consider User Content. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to Re:amaze that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright, trademark, or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate Re:amaze to treat your User Submissions as confidential or secret, that Re:amaze has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that Re:amaze may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
Re:amaze shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
User Content Other Than User Submissions. By posting or publishing User Content to this Site or through the Services, you authorize Re:amaze to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and these Terms. You hereby grant Re:amaze a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Re:amaze’s (and Re:amaze’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under these Terms. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Re:amaze may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Re:amaze shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Re:amaze’s (or Re:amaze’s affiliates’) business(es).
Re:amaze generally does not pre-screen User Content (whether posted to a website hosted by Re:amaze or posted to this Site). However, Re:amaze reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms. Re:amaze may remove any item of User Content (whether posted to a website hosted by Re:amaze or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material incompatible with or violating these Terms, or for otherwise violating these Terms (as determined by Re:amaze in its sole and absolute discretion), at any time and without prior notice. Re:amaze may also terminate a User’s access to this Site or the Services found at this Site if Re:amaze has reason to believe the User is a repeat offender. If Re:amaze terminates your access to this Site or the Services found at this Site, Re:amaze may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
10. EUROPEAN UNION DIGITAL SERVICES ACT ("DSA") SUPPLEMENTAL TERMS OF SERVICES
This Section 10 applies as from February 17, 2024, which is the date of entry into effect of the EU Digital Services Act.
(A) This Section 10 of these Terms sets out provisions, processes and disclosures that supplement the rest of these Terms, as required under the DSA, which regulates the provision of certain digital intermediary services provided in the EU and notably sets out rules on the role of providers and imposes content moderation requirements and transparency obligations. These provisions only apply to you if you are in the EU and / or if you are using the Site or DSA Services. In the event of any conflict between the terms set out in this Section 10 and the other provisions of these Terms, the terms of this Section 10 shall prevail.
(B) Rules of conduct. Users are prohibited from providing, publishing or transmitting content which is incompatible with or violates these Terms (including without limitation Sections 7 and 9 of these Terms) or any applicable laws in the EU or in any EU country ("Unauthorized Content").
(C) Content moderation overview. Re:amaze may voluntarily take action against any Unauthorized Content in accordance with these Terms (including without limitation Sections 7 and 9 of these Terms). In addition, Re:amaze may receive notices through the Notice and Action Mechanism (described below) and orders from EU authorities reporting the presence of alleged illegal content on (or transmitted through) this Site or any DSA Service (including without limitation any website hosted by Re:amaze). Re:amaze will process these orders and notices, and take action based on the information provided. These actions may entail the restrictions mentioned in paragraph (E) below, or any other restrictions required by the relevant authority.
(D) Notifying alleged illegal content – Notice and Action Mechanism. You may report to Re:amaze the presence, on this Site or on any DSA Service, of content that you consider to be illegal in the EU or any EU country through the mechanism accessible here: https://supportcenter.secureserver.net/abusereport/dsa (“Notice and Action Mechanism”). Depending on the nature of the DSA Service concerned by the notice, the way Re:amaze processes and addresses such notice may differ.
(E) Restrictions. Re:amaze may, at any time and in some cases, without prior notice, remove any Unauthorized Content provided on (or through) this Site or any DSA Service, or suspend or terminate access to a whole DSA Service (e.g., disabling a website hosted by Re:amaze). In addition, with respect to “repeat offenders”, namely users frequently providing manifestly Unauthorized Content, Re:amaze may suspend or terminate their access to this Site or to the DSA Services. Re:amaze will generally issue a prior warning before any suspension, other than in exceptional cases or where Re:amaze is otherwise legally required to take immediate action. When deciding on and applying such restrictions, Re:amaze will act in a timely, diligent, non-arbitrary, objective and proportionate manner.
(F) Unfounded Notices. If any user frequently provides manifestly unfounded notices through the Notice and Action Mechanism, Re:amaze may suspend the processing of its notices. Re:amaze will generally issue a prior warning before any suspension, save for exceptional cases (as determined by Re:amaze in its reasonable discretion) or where Re:amaze is legally required to take immediate action.
(G) Measures and tools for review. Notices and orders are generally subject to human review. Re:amaze may also use a machine learning model that helps process certain claims and detect phishing on websites hosted by Re:amaze. Actions taken in response to notices and/or orders which relate to the provision of content by users of the DSA Service or visitors of the Site, if any, are generally subject to human review.
(H) Right to terminate the use of the DSA Services. You can terminate the use of the DSA Services at any time from your account page or by contacting Customer care.
(I) For the purposes of paragraph (F) of this Section 10, “frequently” means the submission of 2 or more unfounded notices over a period of 12 months. For the purposes of paragraphs (E) and (F) of this Section 10, when determining whether a specific behavior requires such a suspension or termination and the duration of the suspension or termination, Re:amaze takes into account the relevant facts and circumstances, which may include such things as the volume of manifestly unfounded notices submitted within the period referred to above, the seriousness and/or the impact of the behavior. A notice may for instance be considered as manifestly unfounded if it is evident that it does not relate to alleged illegal content and instead refers solely to personal and/or subjective considerations. Specifically, as regards the provision of illegal content, these criteria also include the volume of illegal content provided, the extent of its impact and/or the gravity of the behavior (e.g., as regards the nature of the content concerned and its consequences) and the frequency of the behavior.
(J) DSA Point of Contact. If you have any questions or queries about this Section 10 or any other DSA-related matters, you can contact us by email at the following address: firstname.lastname@example.org
11. FEES AND PAYMENTS
You agree that your Payment Method will be charged by Lantirn Incorporated or any other affiliated entity.
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable.
Price Changes. Re:amaze reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services by using any of the following “Payment Methods”: (i) valid credit card. Your Payment Method on file must be kept valid if you have any active Services in your Account. In addition, you agree that the location for the processing of your payments may change for any reason, including the type of Payment Method chosen, the currency selected, or changes or updates made to your Payment Method.
Refunds Issued. You agree that where refunds are issued to your Payment Method, Re:amaze's issuance of a refund receipt is only confirmation that Re:amaze has submitted your refund to the Payment Method charged at the time of the original sale, and that Re:amaze has no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Re:amaze, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; (ii) via issuance of a Re:amaze check, which will be sent to the mailing address on file for your Account; or (iii) in some jurisdictions, as a bank transfer, when the payment processor cannot refund back to the Payment Method. Re:amaze also has the right to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.
Monthly Billing Date. If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services, unless that date falls after the 28th of the month, in which case your billing date will be on the 28th, 29th, 30th or 31st of each month depending on the length of that month and the billing date adjusted from previous months.
Upgrade/Downgrade Terms. You may request an upgrade of your Services plan through your Account. You may request downgrade of your Services plan by contacting Re:amaze via published support methods. For any upgrade or downgrade in your Services plan level, your Payment Method will automatically be charged the new rate on your next billing cycle, subject to the Auto-Renewal Terms below.
Auto-Renewal Terms. Other than as required by applicable law, Re:amaze does not retain hard copies or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your usage of our automatic renewal services, and we are therefore unable to provide any such document upon request. You may view or change your automatic renewal settings at any time by logging into your Re:amaze Account.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD. FOR EXAMPLE, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL TYPICALLY BE FOR ONE YEAR. HOWEVER, IN THE EVENT RENEWAL WITH THE PAYMENT METHOD ON FILE FAILS, RE:AMAZE MAY ATTEMPT TO RENEW THE APPLICABLE SERVICE FOR A PERIOD LESS THAN THE ORIGINAL SUBSCRIPTION PERIOD TO THE EXTENT NECESSARY FOR THE TRANSACTION TO SUCCEED.
UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, RE:AMAZE WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT OR YOUR DESIGNATED BACKUP PAYMENT METHOD(S) ON FILE WITH RE:AMAZE. IN AUTOMATICALLY RENEWING YOUR SERVICES, RE:AMAZE WILL FIRST ATTEMPT TO CHARGE THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT. IN THE EVENT RE:AMAZE CANNOT SUCCESSFULLY CHARGE THIS PAYMENT METHOD, WE WILL ATTEMPT TO CHARGE THE PAYMENT METHOD(S) DESIGNATED AS "BACKUP" IN YOUR ACCOUNT. RENEWALS WILL BE CHARGED AT RE:AMAZE’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT FROM THIS SITE AND FOLLOW THE STEPS FOUND HERE. IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL RENEWAL, IN WHICH CASE, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT TERM, UNLESS YOU MANUALLY RENEW YOUR SERVICES PRIOR TO THAT DATE. IN OTHER WORDS, SHOULD YOU ELECT TO CANCEL YOUR PRODUCT AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND RE:AMAZE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
IN ADDITION, RE:AMAZE MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK’S PARTICIPATION). IF WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, RE:AMAZE WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. RE:AMAZE MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) CANCELLING PRODUCTS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND RE:AMAZE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
If for any reason Re:amaze is unable to charge your Payment Method for the full amount owed, or if Re:amaze receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Re:amaze may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. Re:amaze also reserves the right to charge you reasonable “administrative” fees" for (i) tasks Re:amaze may perform outside the normal scope of its Services, (ii) additional time and/or costs Re:amaze may incur in providing its Services, and/or (iii) your noncompliance with these Terms (as determined by Re:amaze in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; and (ii) recouping any and all costs and fees, including the cost of Services, incurred by Re:amaze as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Re:amaze.
Re:amaze may offer product-level pricing. The transaction will be processed in USD and the pricing displayed during the checkout process will be the actual amount submitted for payment. In addition, you acknowledge and agree that you may be charged applicable localized fees and/or taxes.
12. CANCELLATION, DISCONTINUED SERVICES, & END OF LIFE POLICY
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You will not receive a refund for any partial-term cancellation or termination.
You are solely responsible for cancelling your Services or Account. Any or all of your data will be permanently removed from our system upon cancellation. This removal cannot be reversed. The data that is lost cannot be restored. We reserve the right to preserve any or all of the data in a non-restorable form.
If you cancel your plan before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again. You will not receive a refund for unused time.
Re:amaze, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Applications, or any other Re:amaze Service, for any reason at any time. Such termination of the Applications will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all data in your Account. Re:amaze reserves the right to refuse Services to anyone for any reason at any time.
Any accounts no longer in active and good standing due to payment, billing, or abuse issues may be terminated as a cancellation and data associated with the Account will be permanently removed from our system in accordance with the policies regarding cancellation above.
Although Re:amaze makes great effort to maximize the lifespan of all its Services, there are times when a Service or feature that we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or service will no longer be supported by Re:amaze, in any way, effective on the EOL date.
In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. Re:amaze may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by Re:amaze in its sole and absolute discretion, Re:amaze will not be required to offer a comparable feature or functionality for the Service or a refund.
Re:amaze will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services or features we may offer or facilitate access to.
13. ADDITIONAL RESERVATION OF RIGHTS
Re:amaze expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by Re:amaze in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Re:amaze in offering or delivering any Services, (ii) to assist with our fraud and abuse detection and prevention efforts, (iii) to comply with court orders against you and applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (vii) to avoid any civil or criminal liability on the part of Re:amaze, its officers, directors, employees and agents, as well as Re:amaze's affiliates, including, but not limited to, instances where you have sued or threatened to sue Re:amaze, or (ix) to respond to an excessive amount of complaints related in any way to your Account that could result in damage to Re:amaze’s business, operations, reputation or shareholders.
Re:amaze expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
Re:amaze expressly reserves the right to terminate, without notice to you, any and all Services where, in Re:amaze’s sole discretion, you are harassing or threatening Re:amaze and/or any of Re:amaze’s employees.
Re:amaze Content. Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features and the trademarks, service marks, and logos contained therein (“Re:amaze Content”), are owned by or licensed to Re:amaze, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Re:amaze Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Re:amaze. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms. Re:amaze reserves all rights not expressly granted in and to the Re:amaze Content, this Site and the Services, and these Terms do not transfer ownership of any of these rights.
14. TRADEMARK AND/OR COPYRIGHT CLAIMS
Re:amaze supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Re:amaze’s Trademark and/or Copyright Infringement Policy referenced above and available here.
15. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Re:amaze. Re:amaze assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Re:amaze does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Re:amaze from any and all liability arising from your use of any third-party website. Accordingly, Re:amaze encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
Re:amaze’s products and services may include AI features and tools from time to time including (without limitation) tools to assist with translation, creating text and generating other content. (“AI Services”).
Re:amaze claims no intellectual property rights in any user input that you provide to the AI Services or any output generated by the AI Services. Re:amaze also does not review such inputs or outputs, including text, logos, names or slogans, for accuracy, bias or intellectual property rights clearance. You are solely responsible to ensure that you have all rights necessary (including customer or user consents, trademark, copyright and other intellectual property rights) to provide your inputs to the AI Services. Re:amaze makes no representation, warranty or guarantee as to the accuracy or reliability of the AI Services or whether such output may infringe on third-party intellectual property rights. You should review the output accordingly and your use thereof is at your sole risk.
Re:amaze may use technology provided by third-party service providers to provide AI Services. You authorize Re:amaze and such third-party service providers to store and use your input for the purposes of providing you with the AI Services, to review inputs and outputs for abuse or misuse, and to develop and improve the services and products of Re:amaze and such service providers, including as part of the design, training and development process for machine learning models.
By using the AI Services you are representing and agreeing that you will not use, nor authorize anyone to use on your behalf, the AI Services in a manner (as determined by Re:amaze in its sole and absolute discretion) that is illegal or promotes or encourages illegal activity or which otherwise violates sections 7 (General Rules of Conduct) and 9 (User Content) above.
17. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. RE:AMAZE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RE:AMAZE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND RE:AMAZE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AUTO-GENERATED OUTPUTS (INCLUDING FOR THE AVOIDANCE OF DOUBT ANY AUTO-GENERATED OUTPUTS OF THE AI SERVICES) INCLUDING TEXT, LOGOS, NAMES, SLOGANS, ETC. HAVE NOT BEEN REVIEWED FOR ACCURACY OR INTELLECTUAL PROPERTY CLEARANCE. RE:AMAZE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE ACCURACY, RELIABILITY, WHETHER OUTPUTS MAY INFRINGE ON THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, ETC. YOU SHOULD SEEK INDEPENDENT PROFESSIONAL LEGAL ADVICE BEFORE YOU RELY ON ANY AUTO-GENERATE OUTPUT.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY RE:AMAZE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
18. LIMITATION OF LIABILITY
IN NO EVENT SHALL RE:AMAZE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION, OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT RE:AMAZE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (XI) ANY AUTO-GENERATED OUTPUTS CREATED USING THE SERVICES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL RE:AMAZE’S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S. DOLLARS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
You agree to protect, defend, indemnify and hold harmless Re:amaze and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Re:amaze directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of these Terms or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms or your use of this Site or the Services found at this Site.
20. COMPLIANCE WITH LOCAL LAWS
Re:amaze makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
21. DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.
(A) Disputes. The terms of this Section shall apply to all Disputes between you and Re:amaze. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Re:amaze arising under or relating to any Re:amaze Services, Site,these Terms, or any other transaction involving you and Re:amaze, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND RE:AMAZE AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR RE:AMAZE FOR (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT OR MISUSE, AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
(B) Binding Arbitration. You and Re:amaze further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in Section 17 of these Terms and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
(C) Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
(D) Dispute Notice. In the event of a Dispute, you or Re:amaze must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Re:amaze must be addressed to: Re:amaze, 2155 E. GoDaddy Way, Tempe, AZ 85284, Attn.: Legal Department (the “Re:amaze Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Re:amaze and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Re:amaze may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
(E) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND RE:AMAZE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR RE:AMAZE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OF PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
(F) Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) in conjunction with the rules set forth in these Terms, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org or by calling 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws, as limited by the Limitation of Liability set forth in Section 17 of these Terms. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence (or principal place of business if you are a small business), or in Maricopa County, Arizona, at your option.
(G) Initiation of Arbitration Proceeding. If either you or Re:amaze decide to arbitrate a Dispute, we agree to the following procedure:
- Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.adr.org (“Demand for Arbitration: Consumer Arbitration Rules”).
- Send one copy of the Demand for Arbitration to AAA by mail at American Arbitration Association Case Filing Services 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.
- Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
(H) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Re:amaze or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Re:amaze is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(I) Arbitration Fees and Payments.
- Disputes involving $75,000.00 or less. Re:amaze will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject Re:amaze’s last written settlement offer made before the arbitrator was appointed (“Re:amaze’s last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than Re:amaze’s last written offer, Re:amaze will: (i) pay the greater of the award or $1,000.00; (ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and Re:amaze agree on them.
- Disputes involving more than $75,000.00. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
- Disputes involving any amount. In any arbitration you commence, Re:amaze will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Re:amaze commences, Re:amaze will pay all filing, AAA, and arbitrator’s fees and expenses. Re:amaze will not seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not included in determining the amount in dispute.
(J) Claims or Disputes Must be Filed Within One Year. To the extent permitted by law, any claim or dispute to which this Section applies must be filed within one year in small claims or in arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If not filed within one year, the claim or dispute will be permanently barred.
(K) 30-Day Opt-out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION IN THIS DISPUTES SECTION, YOU MUST NOTIFY RE:AMAZE BY E-MAILING LEGALOPTOUT@GODADDY.COM WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). In the e-mail, you must provide your (a) first name, (b) last name (c) address, (d) phone number, and (e) account number(s) and state the following: “I wish to opt out of the arbitration provision contained in Re:amaze’s Terms of Service Agreement.” By providing your information in the method above, you are opting out of the agreement to arbitrate contained in Re:amaze’s Terms of Service. Your opt-out request will only be valid if made within thirty (30) days of first accepting the Terms of Service. In the event that you opt-out consistent with the procedure set forth above, all other terms shall contained herein shall continue to apply, including those related to the applicable governing law and the court(s) in which legal disputes may be brought.
(L) Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and Re:amaze agree that if Re:amaze makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Re:amaze’s address) in these Terms, Re:amaze will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
(M) Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.
(N) Exclusive Venue for Other Controversies. Re:amaze and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Maricopa County, Arizona, or the United States District Court for the District of Arizona, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You also agree to waive the right to trial by jury in any such action or proceeding.
22. SUCCESSORS AND ASSIGNS
These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
23. NO THIRD-PARTY BENEFICIARIES
Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
24. U.S. EXPORT LAWS
This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of these Terms or the Agreement or your use of this Site or the Services found at this Site.
25. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of these Terms are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
26. ENGLISH LANGUAGE CONTROLS
These Terms, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), are executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.
27. CONTACT INFORMATION
If you have any questions about these Terms or the Agreement, please contact us by email or regular mail at the following address:Re:amaze
2155 E. GoDaddy Way
Tempe, AZ 85284