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Terms of Use

Welcome to Joogi’s crowdfunding and auction technology platform. The Joogi service and network are operated by Bridger Global Inc., a Delaware corporation (the "Company," "we," or "us"). By accessing or using our web site at www.joogi.com, including any subdomain thereof (the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these terms of service ("Terms of Service"), regardless of whether you are a registered member of the Service.

 

We are a technology platform that permits individuals to fund certain products or services (collectively, “Items”) and then participate in auctions for the sale of the Items. Participants earn virtual currency called “Joogis” by funding Items and also based on their online activity, including, but not limited to, signing up, referring a friend, viewing an Item, logging in daily, winning auctions, viewing ads, and achieving certain funding goals. All Joogis earned, and all monetary payments made via the Site, are non- refundable.  Joogis have no monetary value and may only be used to participate in the auctions on the Site.  If you are issued Joogis in conjunction with you participating in the crowdfunding of an Item, you understand that you may not be successful in winning the auction for that item.  You should not purchase Joogis if you cannot afford to hold them indefinitely.  Joogis do not represent and ownership interest in, are a debt obligation of, the Company; rather, Joogis only provide a currency to allow you to participate in auctions.

 

These Terms of Service govern your access and use of the Site and all content, services and/or products provided through the Site (collectively, the "Service"). Please read these Terms of Service carefully before using the Service on the Site. If you violate any of these Terms of Service (which include by reference our Privacy Policy), or otherwise violate an agreement between you and us, the Company may terminate your membership, delete your profile and any content or information that you have posted on the Site, delete any Joogis in your account, and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion, with or without notice.

 

In addition to these Terms of Service, you may enter into other agreements with us or others that will govern your use of the Service or related services offered by us or others. If there is any contradiction between these Terms of Service and another agreement you enter into applicable to specific aspects of the Service, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies. As used herein, "Users" means anyone who accesses and/or uses the Site.

 

CHANGES TO THESE TERMS OF SERVICE

 

We may make changes to these Terms of Service from time to time. If we do this, we will post the changed Terms of Service on the Site and will indicate at the top of this page the date the Terms of Service were last revised. You understand and agree that your continued use of the Service or the Site after we have made any such changes constitutes your acceptance of the new Terms of Service.

 

ELIGIBILITY

 

This Site is intended solely for Users who are eighteen (18) years of age or older, and any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service or the Site, you represent and warrant that you are 18 or older and that you agree to and abide by all of the terms and conditions of these Terms of Service. If you violate any of these Terms of Service, or otherwise violate an agreement between you and us, or for any other reason, the Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18. You agree that the Company will not be liable to you or any third party for any termination of your membership.

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AUCTION PARTICIPATION TERMS

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This Section applies to each auction or other marketing or transaction event (each, an “Event”) conducted by the Company. As used in this Section, each prospective buyer who participates in any Event is a “Participant”.  “Winning Bidder” is the Participant that (a) submits the highest net bid in an auction Event and is acknowledged by the Company by email or telephone as the winning bidder, or (b) submits any offer during any Event that is accepted by the Company. As used in this Section, each bid or offer submitted in any Event is an “Offer”.

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The Company is not acting as an agent for any Participant in any capacity. By registering for an Event or submitting an Offer, Participant acknowledges having read and accepted these Terms of Service. By submitting an Offer during an Event, Participant is deemed to have accepted any additional terms and conditions posted on the Event’s details page on the Website (“Property Page”) at the time the Offer was submitted, and such terms and conditions shall govern and control over these Terms of Service to the extent of any conflict.

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It is each Participant’s responsibility to conduct its own due diligence and investigate all matters relating to each Event that Participant is interested in participating in, including, without limitation, legal matters, physical condition and attributes, environmental matters, economic matters, encumbrances, and all other aspects. All Offers should be based solely on Participant’s independent due diligence and any information contained in the Purchase Documents.

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PARTICIPANTS ARE ENCOURAGED TO CONSULT WITH THEIR ATTORNEY, FINANCIAL ADVISOR, TAX ADVISOR, AND/OR OTHER RELEVANT PROFESSIONALS REGARDING POTENTIAL TAX CONSEQUENCES OF PARTICIPATING IN AN AUCTION.

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If provided on the Property Page, prior to submitting an Offer, Participants must review the purchase and sale agreement, any applicable addenda, disclosure documentation, and all other transaction documents (collectively, “Purchase Documents”), on the Property Page. All Offers must be based on the posted Purchase Documents. Unless otherwise specified on the Property Page, the Purchase Documents are non-negotiable.

All Offers submitted during any Event are irrevocable, except where an Offer withdrawal option is expressly made available to Participants. The final Purchase Documents will be emailed to Winning Bidder for electronic signature using the email address associated with Winning Bidder’s account. Winning Bidder must sign the Purchase Documents within one business day after they are sent to Winning Bidder (unless a longer timeframe is specified on the Property Page), time being of the essence. If Winning Bidder fails to timely sign the Purchase Documents, we may declare Winning Bidder to be in default of these Terms and reject Winning Bidder ’s Offer.

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We may at any time postpone or cancel an Event, or reject any or all Offers. We also reserve the right to deny, limit, or impose conditions on submitting Offers and/or access to the Services or any Event at any time, for any reason (including, without limitation, Participant’s solvency, credit history, and transaction history). 

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TAXES

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The Winning Bidder is responsible for the payment of all sales, use, or similar taxes.  If the Company is required to withhold any taxes in conjunction with an Event, the Winning Bidder agrees to immediately provide the Company with the applicable taxes prior to the delivery of the Property.  If we determine it to be necessary or appropriate to do so, we reserve the right to require you to provide us with a Form W-9, or similar form, prior to the delivery of the Property.

 

NO FURTHER PARTICIPATION

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The Winning Bidder in any Event is not eligible to be the winning bidder in any future events. 

 

PROHIBITED CONDUCT (INCLUDING NON-CIRCUMVENTION RESTRICTION)

 

You agree to use the Site and Service only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable law, rules or regulations. You may not:

 

  • use the Service in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party's use and enjoyment of the Service;

  • attempt to gain unauthorized access to the Site, the Service, or the computer systems or networks connected to the Service through hacking, password mining or any other means;

  • create user accounts by automated means or under false or fraudulent pretenses;

  • utilize any data provided on the Site (including third-party provided data) for purposes other than evaluating listed Items;

  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

  • upload, post, email or transmit, or otherwise make available through the Service any inappropriate, defamatory, infringing, obscene, or unlawful content;

  • upload, post, email or transmit, or otherwise make available through the Service any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;

  • upload, post, email or transmit, or otherwise make available through the Service any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;

  • run Maillist, Listserv, or any form of auto-responder or "spam" on the Service;

  • use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site, including to engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;

  • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site's pages, or otherwise affect the display of the Site's pages;

  • download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;

  • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;

  • remove any copyright, trademark or other proprietary rights notices contained in or on the Service;

  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about its Users for any unauthorized purpose;

  • submit content that falsely expresses or implies that such content is sponsored or endorsed by Joogi, any of its affiliates or any third parties;

  • use the Service for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state securities or blue sky laws or regulations, securities exchange or self-regulatory organization's rules or regulations, or equivalent laws or regulations in foreign jurisdictions);

  • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;

  • share or disclose with anyone any information obtained through the Service about any investment offerings; or

  • use the Service for any commercial purpose whatsoever other than for your personal use.

 

SERVICES AUDITING AND MONITORING

 

We reserve the right to audit and monitor (manually or through automated means) the use of the Services to ensure compliance with the Terms of Service and to maintain and improve the provision of the Services. We also may, but are not required to, monitor the content on the Services using manual review or technical measures to screen, block, filter, edit or remove content. We may terminate or suspend users’ accounts or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of the Terms of Use or our other policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in our sole discretion, and we will not incur any liability or responsibility if we choose to remove or delete any content.

 

You acknowledge, consent, and agree that we may access, preserve, and disclose information about your use of the Services, including your communications and content you submit, if required to do so by law or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any content you submit violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us, our users and the public.

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We are able at any time to monitor the use of the Services and the content available on the Services. You agree that we may disclose information obtained through the Services in response to a legal request or as required by law. We can also make decisions to change or remove content, or suspend use of the Services, based on content submitted or available on the Services.

 

REGISTRATION DATA; ACCOUNT SECURITY

 

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Company will not be liable for any loss or damage arising from your failure to comply with this Section.

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LIMITATIONS ON PARTICIPATION

 

Employees, contractors and their respective parents, children and spouse/partner, may not participate in auction events.

 

PROPRIETARY RIGHTS IN SITE CONTENT; LIMITED LICENSE

 

All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are our proprietary property with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that, if you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal use, provided that you keep such portions confidential and all copyright or other proprietary notices intact. You may not republish Site Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.

 

LINKED SITES

 

The Site may contain links to third party websites ("Linked Sites"). These links are provided only as a convenience. The inclusion of any link is not, and shall not be construed to imply, an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Joogi of any information, materials, products, or services contained in or accessible through any Linked Site. In no event shall Joogi be responsible for the information contained on any Linked Site or your use of or inability to use any Linked Site. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk. Your access and use of the Linked Sites are governed by the Terms of Service and privacy policies of such Linked Sites, and we encourage you to carefully review all such terms and policies.

 

USER CONTENT

 

The Service may allow you and other users to submit, post, transmit and share content with other Users. You are solely responsible for any such content (which may include photos, profiles, messages, notes, text, information, music, video, contact information for you or others, advertisements or other content) that you upload, publish, provide or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other Users (collectively, the "User Content"). You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in the sole judgment of the Company violates these Terms of Service, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.

 

By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire.

 

You acknowledge and agree that the Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its Users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

COPYRIGHT COMPLAINTS

 

If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:

 

Name of Agent Designated to Receive Notification of Claimed Infringement: Attn: Copyright Agent.  The address of the Designated Agent to which notification should be sent: 323 Gallatin Park Drive, Unit 103, Bozeman, MT 59715.  The telephone number of designated agent: (406) 219-7523 and the email is: support@joogi.com.

 

To meet the notice requirements under the Digital Millennium Copyright Act ("DMCA"), the notification must be a written communication that includes the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the registrations of Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Site and/or terminate the registrations of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

CONSENT TO ELECTRONIC TRANSACTION

 

Because Joogi operates largely on the Internet, it is necessary for you to consent to transact business with us online and electronically. Before you decide to do business electronically with Joogi, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions.

 

USER DISPUTES

 

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

 

PRIVACY

 

Please review the Site's Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

 

DISCLAIMERS

 

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL ITEMS SOLD VIA THE SERVICE ARE ALSO PROVIDED ON AN “AS IS” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

 

The Company does not guarantee the accuracy of any User Content or Third Party Content. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content.  The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service. The Company cannot guarantee and does not promise any specific results from use of the Site and/or the Service.

 

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.

 

The Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.

 

LIMITATION ON LIABILITY

 

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL JOOGI OR ITS DIRECTORS, OFFICERS, STOCKHOLDERS, PARTNERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, OR ANY ITEMS SOLD VIA THE SITE OR THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY OR ITS DIRECTORS, OFFICERS, STOCKHOLDERS, PARTNERS, EMPLOYEES OR REPRESENTATIVES, REGARDLESS OF THE CAUSE OF ACTION.

 

CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

 

Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.

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By using the Services, you irrevocably agree: (a) to waive all rights to trial in a court before a judge or jury on any claim, action or dispute with us or relating in any way to your use of the Services or the interpretation, applicability, enforceability or formation of these Terms of Use including, but not limited to, any claim that all or any part of this agreement is void or voidable (“Claims”); (b) that all Claims will be determined exclusively by final and binding arbitration in Gallatin County, Montana before one arbitrator; and (c) that the arbitrator will not have the authority to consolidate the Claims of other Users and will not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of Users in one arbitration proceeding.

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The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Delaware. All parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims. However, nothing in this section shall prevent us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in court.

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Judgment on any arbitration award may be entered in any court having jurisdiction. In any arbitration arising out of or related to these Terms of Service, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be a prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

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IT IS VERY IMPORTANT THAT YOU READ AND UNDERSTAND THIS ENTIRE SECTION. THIS SECTION EXPLAINS THAT BY USING THE SERVICES, YOU ARE AGREEING TO RESOLVE ANY DISPUTE RELATED TO THE SERVICES OR THESE TERMS OF SERVICE THROUGH BINDING ARBITRATION, AND YOU ARE GIVING UP YOUR RIGHT TO RESOLVE DISPUTES IN FRONT OF A JUDGE OR JURY. YOU ARE ALSO AGREEING TO ARBITRATE YOUR CLAIMS INDIVIDUALLY, AND NOT AS PART OF A CLASS ACTION.

 

INDEMNITY

 

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, employees and representatives, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of these Terms of Service or of any law or the rights of any third party, any of your User Content, and any Third Party Content you post or share on or through the Site. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company.  Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

 

OTHER

 

The failure of the Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Service is held invalid, the remainder of these Terms of Service shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

 

COMPLIANCE WITH APPLICABLE LAWS

 

The Services are controlled within the United States of America and directed to individuals residing in the United States. We do not represent that the materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. We reserve the right to limit the availability of the Services to any person, geographic area or jurisdiction at any time in our sole discretion. You represent and warrant that: (a) you are not located in a country subject to trade sanctions or economic embargoes under the laws of the United States of America (“US Sanctioned Countries”); (b) none of you, your affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees are (i) listed on the list of Specially Designated Nationals and Blocked Persons published by the Office of Foreign Assets Control, U.S. Department of Treasury (“OFAC”) (available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) (an “OFAC Listed Person”), (ii) an agent, department, or instrumentality of, or is otherwise beneficially owned by, controlled by or acting on behalf of, directly or indirectly, any OFAC Listed Person or US Sanctioned Country, or (iii) otherwise blocked, subject to sanctions under or engaged in any activity in violation of other U.S. economic sanctions; and (c) none of you, your affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees are in violation of (i) any applicable anti-money laundering laws, including those contained in the Bank Secrecy Act; (ii) any applicable economic sanctions laws administered by OFAC of the U.S. Department of State; or (iii) any applicable anti-drug trafficking, anti-terrorism, or anti-corruption laws, civil or criminal.

 

QUESTIONS

 

Please visit our FAQ page for more information; you may also contact us via email at support@joogi.com.

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