Terms of Service
Last updated October 22, 2022
Notice: These Terms contain an arbitration agreement and class action waiver that applies to all claims brought against us in the United States as well as a limitation of our liability. Please read them carefully.
For consumers who reside in the EEA you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that we are not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available for residents of certain countries such as for example Switzerland or the United Kingdom. Thank you for using Bird Weather! This website (“Site”) is owned and operated by Scribe Labs Inc, including any affiliates (collectively “Scribe,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your legal rights to use or access our services, software, mobile application, and our websites (the “Services”) and to the extent applicable, any current or future hardware products or devices (“Products”). These Terms also govern your legal rights with respect to Third Party Services (defined below).
Please read these Terms carefully before purchasing or using the Products or Services or purchasing or using Third Party Services because these Terms (together with our Privacy Notice and other user agreements, where applicable) constitute a binding legal agreement between you and Scribe (this “Agreement”). By using or accessing our Products or Services or purchasing or using Third Party Services, you signify that you understand and agree to the terms and conditions that are stated in this agreement. It is important to read these terms closely because they include significant information about limitation of liability, a class action waiver, and an arbitration provision, requiring you to arbitrate any claims you may have against Scribe on an individual basis.
ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
If you do not agree with these Terms, you should not use this site or use our Products or Services or Third Party Services.
This Agreement constitutes the entire agreement between you and Scribe and governs the terms and conditions of your use of the Site, the Products, and Services and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Scribe with respect to this Site, the Products, and Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Notice), guidelines, or rules that may apply when you use the Site. Scribe may revise this Agreement at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Service periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the Terms of Service signifies and confirms your acceptance of any such changes or amendments to the Terms of Service. To the extent your use of a Product or Service involves or is integrated with products or services of affiliated companies, any terms and policies covering those products or services may also apply. In the event of a conflict between other specific areas of our Site and these Terms, the specific terms shall control. The term “you,” as used in these Terms, includes any person or entity who uses the Product and/or creates an account associated with the Product or Services (“End User”), as well as any person or entity allowed or authorized to access or use the Products and Services by the End User (“Authorized Users”). Authorized Users are responsible for their own actions in connection with the Products and Services, but End User hereby consents to these terms on behalf of all Authorized Users and agrees to be fully responsible for all actions taken by Authorized Users relating to the End User’s Products, Services and account. As a result, if you are an End User, you should authorize only those individuals that you trust to access your account, Products, and Services. You must be at least 13 years old to use the Products and Services. If you are between the ages of 13 and 18, you may use our Products and Services only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by the Agreement. If you are a parent or legal guardian of a user between the ages of 13 and 18, you consent to the Agreement on behalf of such user and you are fully responsible for the acts of such user in relation to our Products and Services. If you are agreeing to the Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to the Agreement on that organization or entity’s behalf and bind them to the Agreement (in which case, the references to “you” and “your” in the Agreement, except for in this sentence, refer collectively to you personally and to that organization or entity).
CHANGES TO TERMS AND SERVICES
To the maximum extent permitted by applicable law, Scribe is free to revise these Terms or any other part of the Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on our Site, notifying you through the Services, by sending you an email, or by some other means. By continuing to use our Site, our Products and Services after such changes, you are expressing your understanding and agreement of the changes. We recommend that you check the Agreement periodically for updates. Also, we are always trying to improve the Products and 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 Products or Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice. We are 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 the Agreement. We have the sole right to decide whether you are in violation of any of the restrictions set forth in the Agreement.
GUIDELINES FOR ACCESS AND USE
All right, title and interest in the Services and our content provided through the Products and Services (including without limitation information, documents, logos, graphics, designs and images) are owned by Scribe, its licensors, or designated third parties. All rights not expressly granted herein are reserved by Scribe. Subject to these Terms, Scribe grants you a limited, non-transferable, non-exclusive right to access and make personal and non-commercial use of the Products and Services. Notwithstanding the foregoing, businesses may use Products and Services for their own internal, lawful business purposes (such as using Products on their business premises or enabling tenants to use the Products); however, this license does not include any right to resell Products or Services, or otherwise make the Products or Services available for third parties. Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of Scribe, to ensure that you comply with any applicable laws when you use the Products and Services, including but not limited to: (1) any laws or regulations relating to the recording or sharing of video or audio content, (2) any laws or regulations requiring that notice be given to or that consent be obtained from third parties with respect to your use of the Products or Services (for example, laws or regulations requiring you to display appropriate signage advising others that audio recording is taking place), and/or (3) any laws or regulations requiring (a) that installation of any Product which takes audio recordings be installed at such a location that it does not take any recordings beyond the boundary of your property (including public pavements or roads); and (b) that, if you use your property as a workplace, you comply with laws governing the monitoring of employees. If your use of the Services or any Products is prohibited by applicable laws, then you are not authorized to use the Services or Products. In no event will Scribe be responsible for your using the Services or any Products in a way that breaks the law. You may be required to sign up for an account, and select a password and username (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name or e-mail address that you do not have the right to use, or another person’s name or e-mail address with the intent to impersonate that person. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account. You represent, warrant, and agree that you will not capture or contribute any Content (as defined below) or otherwise use the Services or Products or interact with the Services or Products in a manner that: Infringes or violates the intellectual property rights or any other rights of anyone else (including us); Violates any law, ordinance, or regulation, including privacy and other laws referenced above and any applicable export control laws; Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; Jeopardizes the security of your account with us 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); or Copies or stores any significant portion of the Content. Without limiting the foregoing, you further agree that you will not: Remove any copyright, trademark or other proprietary notices from any portion of the Services; Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Scribe; Decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; Link to, mirror or frame any portion of the Services; Cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. A violation of any of the foregoing is grounds for termination of your right to use or access the Products and Services in addition to all other available remedies in law and in equity by Scribe.
You are solely responsible for all of your Content. “Content” means all audio, text, or other types of content captured by our Products or provided to us (including content posted by you) in connection with the Services. You represent and warrant that: (a) you own the intellectual property rights in Content posted by you or otherwise have the right to post the Content and grant the license set forth below, and (b) the posting and use of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You hereby grant Scribe and its licensees an unlimited, irrevocable, fee-free and royalty-free, perpetual, worldwide right to use, distribute, store, delete, translate, copy, modify, display, and create derivative works from such Content that you share through our Services including, without limitation, via a share link, for any purpose and in any current or future media format of any nature whatsoever. You shall not use, reproduce, modify, upload, publish, transmit, distribute, display, or otherwise exploit for any purposes whatsoever any Content: (i) not owned by you without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Scribe reserves the right, but shall not be obligated, to remove any Content from the Services at any time in its sole and absolute discretion. In compliance with the Digital Millennium Copyright Act (Title 17, United States Code) ("DMCA"), Scribe will respond to proper notifications of claimed copyright infringement with respect to certain Content, and will take appropriate action including removing and disabling access to the allegedly infringing Content. If you see Content that you believe violates our Terms, please flag it in our mobile application or report it to us by emailing firstname.lastname@example.org.
This Site assists to record, capture, share and permanently store the sounds of nature relating to birds and other animals. By using the Products and Services you grant Scribe a perpetual, transferrable license to the audio recordings and associated data (including, but not limited to, geolocation, animal identification, device name, etc.) to be shared with other users of the Service and outside parties including parties conducting scientific research (“Scribe License”). For more information on the disclosure of this data by Scribe, please see our Privacy Notice. Users may limit the ability of other users of the Service from listening to recordings by changing their settings to Private. In the event that the settings are set to Private, Scribe will still retain access to the recordings and may still share them with third parties such as for example for scientific research purposes. Scribe aims to exclude recordings of human speech from being transmitted, as feasible. However, it is possible that human speech is inadvertently included such as for example from algorithms that may occasionally mistake human speech for a bird or animal sound. You may request that specific audio recordings be deleted from our Site that you have shown contain human speech by contacting email@example.com. Please be aware that after any Content is posted on the Site, Scribe may be unable to delete recordings that have been already been copied by the public, including those that inadvertently contain human speech or any other data collected by mistake. In addition to the rights granted above, you also acknowledge and agree that Scribe may access, use, preserve and/or disclose Content to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with applicable law, regulation, legal process or reasonable governmental request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Scribe, its users, a third party, or the public as required or permitted by law. Deleted Content may be stored by Scribe in order to comply with certain legal obligations and are not retrievable without a valid court order.
Please see our Privacy Notice for information regarding the collection and use of personal information collected through our Products and Services.
TRADEMARKS AND COPYRIGHTS
You acknowledge Scribe Lab Inc’s exclusive rights in the Bird Weather ™ trademark and/or service mark. Trademarks, service marks, logos, and copyrighted works appearing in this Site are our property of the party that provided such intellectual property to Scribe. Scribe and any party that provides intellectual property to Scribe retains all rights with respect to any of their respective intellectual property appearing in this Site, and no rights in such materials are transferred or assigned to you. Nothing on or in the Products or Services shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Scribe or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, Scribe is the owner of all trademarks and service marks on or in the Products and Services, whether registered or not. Scribe expressly forbids the unauthorized use of its logos, trademarks, or other graphics to create links. All registered trademarks or service marks are registered in the United States of America (and/or other applicable jurisdictions).
THIRD PARTY SERVICES
You may be allowed to access or acquire products, websites, applications, content, or services from third parties (“Third Party Services”) through our Services. A description or reference to any Third Party Service by or through our Services (including any description or reference via hyperlink) does not imply endorsement by Scribe of such Third Party Service. These Third Party Services are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Scribe has no control over the content or policies of such Third Party Services, and we are not responsible for (and under no circumstances shall we be liable for) the contents, accuracy, reliability, quality or security of any such Third Party Service. Third Party Services may be subject to their own warranties, terms of service, and privacy policies. You may be required to agree to those third party terms to use the Third Party Services. Please review all information about Third Party Services before purchasing them through Scribe. Those who choose to access information provided by third parties (including any information obtained through our Services) are solely responsible for the compliance of such information with any applicable law.
From time to time, Scribe may develop updates, upgrades, patches, and other modifications to improve the performance of the Services and/or the Products or for other reasons in our sole discretion (“Updates”). You agree that Scribe may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.
Although we appreciate hearing from you, we do not accept or consider any unsolicited creative ideas, suggestions or other materials related to products, services, or marketing. Anything you disclose, communicate and/or offer to us by or through our websites or our Services (“Feedback”), including e-mails to Scribe or postings on interactive portions of our websites, shall be deemed and shall remain the property of Scribe. Any such information will be Non-Confidential and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such information. Scribe is free to use, for any purpose whatsoever, any Feedback, including but not limited to publishing, developing, manufacturing, and marketing our Products or Services using the same. By submitting Feedback to us through our Site, via e-mail, or by any means, you hereby Release Scribe from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any such Feedback. By uploading or otherwise providing any Feedback to our Sites or to Scribe, you hereby grant Scribe, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such Feedback for any purpose and in any media without compensation to you.
PRODUCTS AND SOFTWARE
Downloading or using our software (including our mobile application and device firmware) does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the Agreement. Our software is copyrighted by Scribe or its licensor(s) and may be protected by one or more patents owned by Scribe or its licensor(s). Software may not be copied, redistributed, or placed on any server for further distribution. Any Products and Services offered through this Site shall be warranted, if at all, through the written license or warranty provided in connection therewith. These Terms apply to your use of all the Products and Services, including software that may be downloaded to your smartphone or tablet to access the Services (the “Application”). The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Products and Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Products and Services. 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.
NO REPRESENTATIONS OR WARRANTIES
This Site may contain errors and may not be complete or current. Scribe therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing, and availability. We reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order. We apologize for any inconvenience. EXCEPT FOR THE LIMITED WARRANTY PROVIDED ON OUR SITE, OUR PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS,’ AND SCRIBE DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS SITE OR THE SERVICES. WE DO NOT WARRANT THAT OUR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SCRIBE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS SITE, THE PRODUCTS, OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCRIBE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SCRIBE DISCLAIMS ALL LIABILITY OF ANY KIND OF SCRIBE’S LICENSORS AND SUPPLIERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL SCRIBE BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD SCRIBE HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE PRODUCT OR SERVICES, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE PRODUCT OR SERVICES. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER APPLICABLE LAWS, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
SCRIBE AND ITS SUCCESSORS AND ASSIGNS RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH SCRIBE AND THEIR SUCCESSORS AND ASSIGNS IN ASSERTING ANY AVAILABLE DEFENSES.
JURISDICTION AND CHOICE OF LAW
Scribe controls and manages the Services from its facilities in California, United States of America. Materials and content on the Services may be limited to be presented solely for promoting Products and Services in certain regions worldwide. Information published on the Products and Services may contain references to products, programs, and services that are not announced or available in your country or region. We make no representation that such information, products, programs, or services referenced on the Products or Services are legal, available, or appropriate in your country or region. You agree that these Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law. You and Scribe agree that the United Nations Convention on Contracts for the International Sale of Goods shall NOT apply to these Terms or your use of this Site, including related purchases, if any.
Mandatory, Bilateral Arbitration and Waiver of Class Actions PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU AND SCRIBE AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES AND/OR PRODUCTS, TO THIS AGREEMENT, OR TO THE CONTENT, ANY RELATIONSHIP BETWEEN US AND/OR ANY RECORDING ON THE SERVICES AND/OR PRODUCTS SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court in your county of residence within the United States if your claims qualify; and (2) this agreement to arbitrate does not include your or Scribe’s right to seek injunctive or other equitable relief in state or federal court in San Mateo County, California to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of the Agreement. “Disputes” shall include, but are not limited to, any claims or controversies between you and Scribe against each other related in any way to or arising out of in any way from this Agreement, the Services, the Products, and/or the Content, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Scribe, even if the claim arises after you or Scribe has terminated Services or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) Scribe brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Scribe, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Scribe; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms. Arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in San Mateo County, California, United States of America. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. Further, unless both you and Scribe expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial. YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SCRIBE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Scribe each agree that all issues regarding the Dispute are delegated to the arbitrator to decide. Further, the arbitrator, and not any federal, state or local court or agency or other regulator, 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 are void or voidable, or whether a claim is subject to arbitration. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction worldwide. To initiate arbitration, you must first send to Scribe, by certified mail, a written notice of your claim ("Notice") and such Notice to Scribe must be addressed to: CSC, 251 Little Falls Drive, Wilmington, DE 19808-1674.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. Any provisions which contemplate or require continued performance shall survive any expiration or termination of this Agreement including without limitation by way of example: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions. You acknowledge and agree that Scribe may at any time, without giving you notice or seeking your consent, transfer and assign all personal information, Content and associated rights and licenses that Scribe has obtained from you as well as all agreements Scribe has made with you in connection with your use of this Site, to (i) an affiliate or (ii) a third party that acquires or merges with Scribe or to which Scribe sells or otherwise transfers its business or assets (including this Site). The failure of Scribe to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Scribe must be in writing and signed by an authorized representative of Scribe.
Any questions or requests regarding these Terms can be directed to Scribe Labs Inc. at firstname.lastname@example.org.