TERMS OF USE
EFFECTIVE DATE: December 17, 2015
These Terms of Use (“Terms”) apply to any website, application, feature, widget, or other online service that is owned or controlled by Epiphany Productions Inc. (“Epiphany”, “we”, “us”) and that posts a link to these Terms (“Site”). IMPORTANT! PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. You agree to these Terms by accessing or using the Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, THEN PLEASE DO NOT USE THE SITE AND LEAVE THE SITE IMMEDIATELY. Please also review the Site Privacy Policy. By accessing or using the Site, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site. This is a general audience web site.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY THE PARTIES. Except for certain types of disputes described in the LEGAL DISPUTES/ARBITRATION section below, you agree that disputes between you and Epiphany will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
There may be times when we offer special features that have their own terms and conditions that apply in addition to these Terms (“Additional Terms”). In those cases, unless otherwise stated in the Additional Terms, the Additional Terms specific to the special feature will govern and control if and to the extent there is a conflict with these Terms.
TABLE OF CONTENTS
Termination of These Terms and Newsletter Cancellation
Reporting Copyright and Other Intellectual Property Violations
Viral Distribution and Widgets
Third Party Links, Content, and Applications
Location and Territorial Restrictions
Our Right to Update These Terms
Use of the Site.
Subject to these Terms, Epiphany grants you a non-transferable, non-exclusive, revocable license to use the Site for your personal, noncommercial use. As a condition of using or accessing this site, you agree to do so only in accordance with this license.
Termination of These Terms and Newsletter Cancellation.
We may terminate these Terms at any time by discontinuing the Site. Any obligations and duties that, by their nature, extend beyond the expiration or termination of these Terms will survive the expiration or termination of these Terms. You may choose to cancel your subscription to our newsletters and promotional email mailing list (i.e., opt out) by following the link provided in the email received.
Restrictions on Use.
You agree not to:
Use the Site or any all materials that are included in or are otherwise a part of the Site, including past, present, and future versions, domain names, source and object code, and the “look and feel” of the Site (collectively, “Site Content”) for any commercial purpose, including without limitation, marketing or advertising, or to provide services to any third party as a service bureau without our prior express consent;
Frame the Site or Site Content without our prior express written consent;
Use any manual or automated process, including, without limitation, robots, spiders, or scrapers, to access, copy, monitor, or mine the Site or any Site Content for any purpose without our prior express written permission except as may be a result of standard search engine or Internet browser usage;
Take any action that causes the Site to cease working properly or as intended by Epiphany;
Utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Site; or
Resell, copy, distribute, transfer, reverse engineer, disassemble, decompile, create derivative works of, or allow third-party access to the Site, any Site Content, or any software or code contained therein.
Our Content.
Unless otherwise explicitly specified by Epiphany, all Site Content is owned, controlled, or licensed by Epiphany, its subsidiaries, or its affiliates, and are protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties. Site Content may not be copied, reproduced, downloaded, or distributed in any way, in whole or in part, except with the express permission of Epiphany and as is expressly provided in these Terms. Any unauthorized use of Site Content is prohibited.
User Content. We may provide certain features on the Site that allow you to communicate with us, such as, without limitation, entry into contests or sweepstakes, or suggestions, comments, or questions to us (collectively, “User Content”). If you provide User Content, you grant to us an unrestricted, worldwide, irrevocable, perpetual, transferable, and royalty-free license to host, use, copy, distribute, display, perform, modify, translate, store, or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology, or device now known or hereafter developed and to use your name, likeness, biographical information, and other indicia of persona in connection with the same. You represent and warrant that you own or otherwise have appropriate permission to upload and share your User Content and license it to us in accordance with these Terms and any other terms and conditions that apply, if any, to the feature, program, or promotion for which the content was submitted; that your User Content is accurate; and that use of your User Content does not violate these Terms or the rights of any third party and will not cause injury to any person or entity. We will have the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to, your User Content that violates these Terms or the standards for the Site, as we determine in our sole and absolute discretion. We take no responsibility and assume no liability for your User Content or any content submitted by any third party.
You agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to your User Content and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Epiphany the above license. Upon Epiphany’s request, you will furnish us with any documentation, substantiation, or releases necessary to verify your compliance with these Terms. Except as prohibited by law, you waive any moral rights you may have in your User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Acceptable Use Policy.
You agree not to post, submit, email, or otherwise make available User Content that:
Encourages or constitutes conduct that is or is alleged to be a criminal offense, unlawful, harmful, threatening, abusive, defamatory, pornographic, obscene, libelous, or invasive of another’s privacy, giving rise to civil liability, or contrary to local, state, or federal laws;
Harasses, degrades, intimidates, or is hateful toward an individual or group of individuals, including, without limitation, on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
May annoy or inconvenience others;
Is inappropriate for display in a public forum;
Is false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch” or impersonation of any person or entity, including any Epiphany employee or representative or Alanis Morissette;
Solicits donations or contains your own or any third party’s advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
Violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Breaches of confidentiality or privacy;
Restricts or inhibits any other user from using and enjoying the Site or Epiphany services offered on them;
Is a “cut and paste” of private messages from other users;
Re-broadcasts any User Content that violates these Terms;
Is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data; or
Violates obligations or restrictions imposed by any third party.
Reporting Copyright and Other Intellectual Property Violations.
You may not use the Site for any purpose or in any manner that infringes the rights of any third party. Epiphany encourages you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Epiphany has a designated agent for receiving notices of copyright infringement and Epiphany follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Epiphany’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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 (f) 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.
If you believe that any content on the Site violates your rights other than copyrights, please provide Epiphany with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding the Site or other complaint regarding alleged violation of rights to Epiphany’s copyright agent, who can be reached as follows:
Epiphany Productions, Inc
c/o GSO Business Management
15260 Ventura Blvd #2100
Sherman Oaks, CA 91403
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Epiphany will provide notice if your materials have been removed based on a third-party complaint of alleged infringement of the third party’s intellectual property rights.
Viral Distribution and Widgets.
Epiphany may allow you, but only through express written permission, to engage in certain personal uses of Site Content that include the ability to share Site Content with others (“Viral Distribution”). For example, the Site may allow you to send Site Content to friends, display Site Content on your personal web site, or post Site Content on a third party web site. You agree that you will not imply that you and Epiphany are affiliated in any way or that Epiphany approves of or endorses your comments, nor misrepresent your relationship with us. We reserve the right to revoke our permission for Viral Distribution at any time and for any reason and you agree to immediately cease Viral Distribution upon notice of revocation and to comply with any provisions we post in connection the Viral Distribution of Site Content.
Similarly, the Site may provide content that you may choose to embed on your personal web page, third party website, or social networking site (collectively and each, your “Personal Page”) by pasting the HTML or other code provided by us (typically labeled as an “embed code”) (“Widgets”). Widgets are Site Content. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use our Widgets on your Personal Page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Site Content made available via any Widget. You agree that you will not associate Site Content with or use Widgets on a Personal Page that contains offensive or controversial material, infringes any intellectual property rights or other rights of any other person or entity, or violates any applicable local, state, or federal law. Some Widgets and Site Content are only made available for use pursuant to a separate agreement between Epiphany and the user.
NOTICE TO THIRD PARTY SITES: Any Site Content made available in connection with your Personal Page or otherwise by our Widgets, third party widgets, or other features is our exclusive property and no grant of any intellectual property rights is made by us. We reserve the right to demand that you cease any use of our Site Content upon notice.
Third Party Links, Content, and Applications.
There may be links from the Site or from communications you receive from us to third party websites or online features. The Site also may include third party content that we do not control, maintain, or endorse. Functionality on the Site may also permit interactions between the Site and a third party website or online feature, including applications that connect the Site with a third party site, service, application, or other online feature. For example, the Site may include a third-party feature that allows you to listen to music or purchase goods or services.
Linking Policy.
We grant you the revocable permission to link to the Site; provided, however, that any link to the Site: (a) must not frame or create a browser or border environment around any of the content of the Site or otherwise mirror any part of the Site; (b) must not imply that we or the Site are endorsing or sponsoring you or any third party or its products or services, unless we have given the third party prior written consent; (c) and surrounding content must not present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm us or our products (if any) or services; (d) the link or surrounding content must not violate our trademark or other intellectual property rights; (e) must not contain or appear on the same page as content that could be construed as distasteful, offensive, controversial, or otherwise objectionable (in our sole opinion); and (f) the page or other place on which the link appears must be owned and controlled by you or the person or entity placing the link, or the page or other place must permit you to place and enable such link. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, Epiphany reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion.
Promotions.
The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the promotion and may have eligibility requirements, such as certain age or geographic area restrictions. You are solely responsible for reading those rules to determine: whether or not you are eligible to participate; whether or not your participation or attempted participation will be valid; and the sponsor’s requirements of you in connection with the applicable promotion.
Mobile Use. The Site may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Site, enable Epiphany access to your location, receive messages from the Site, download applications to your mobile phone, or access features from the Site (collectively, the “Mobile Features”). Standard messaging, data, and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. Additional provisions governing any such Mobile Features may be provided by Epiphany. Please carefully review any additional provisions before downloading content, providing your mobile number, opting in, or taking other action in connection with a Mobile Feature.
Indemnification.
You agree to defend, indemnify, and hold us, our employees, managers, officers, agents, and vendors (collectively, together with the individual person Alanis Morissette, the “Epiphany Parties”) harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements, and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of the Site or activities in connection with the Site; (c) your breach or alleged breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity or defames anyone; (f) any misrepresentation made by you; or (g) the Epiphany Parties’ use of your information or User Content as permitted under these Terms, the Privacy Policy, or any other written agreement between you and us. You agree that you will fully and promptly cooperate as requested or required by the Epiphany Parties in the defense of any claim. The Epiphany Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized representative of the Epiphany Parties.
Disclaimers.
YOU AGREE THAT THE SITE AND SITE CONTENT IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE EPIPHANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) YOUR USER CONTENT; AND/OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE EPIPHANY PARTIES OR VIA THE SITE. IN NO WAY LIMITING THE FOREGOING, YOU AGREE THAT THE EPIPHANY PARTIES ARE NOT RESPONSIBLE FOR (A) COMMUNICATION FAILURES, ERRORS, DIFFICULTIES, OR OTHER MALFUNCTIONS OR LOST, STOLEN, OR MISDIRECTED TRANSACTIONS, TRANSMISSIONS, MESSAGES, OR ENTRIES ON OR IN CONNECTION WITH THE SITE; OR (B) ANY INCORRECT INFORMATION ASSOCIATED WITH ANY TRANSACTION OR TRANSMISSION ON OR TO THE SITE REGARDLESS OF WHETHER SUCH INCIDENT IS THE RESULT OF USER ERROR, SYSTEM ERROR, OR HUMAN ERROR. IN ADDITION, THE EPIPHANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
THE EPIPHANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE EPIPHANY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE EPIPHANY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE EPIPHANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL THE EPIPHANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE; (B) YOUR USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE EPIPHANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE SITE; OR (G) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE EPIPHANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE EPIPHANY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOU UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF EPIPHANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, OR SERVICE OWNED OR CONTROLLED BY THE EPIPHANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, OR SERVICE OWNED OR CONTROLLED BY THE EPIPHANY PARTIES.
No Third Party Beneficiaries.
Except as may be expressly stated elsewhere by Epiphany, nothing expressed or implied in these Terms is intended to confer upon any person or entity other than you and the Epiphany Parties and their respective successors or permitted assigns, any rights, remedies, obligations, or liabilities whatsoever.
Location and Territorial Restrictions. The information provided through the Site and the Site itself are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control and operate the Site from offices located in the United States and make no representations or warranties that the use of the Site are appropriate for use or access in other locations. Anyone using the Site from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws apply. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Legal Disputes/Arbitration. If a dispute arises between you and one or more of the Epiphany Parties, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY THE PARTIES. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of these Terms or the Site (a “Claim”) in accordance with the subsections below.
General. You and the Epiphany Parties agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof (collectively, “Disputes”) will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. You acknowledge and agree that you and Epiphany Parties are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Epiphany Parties otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Legal Disputes/Arbitration” section will be deemed void. This “Legal Disputes/Arbitration” section will survive any termination of these Terms. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights or breach of the User Content provisions of these Terms (collectively, “Excluded Disputes”).
Arbitration Rules, Governing Law, Jurisdiction and Venue. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section of these Terms. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action taken in a small claims court as contemplated by these terms will be the courts located in Los Angeles County and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules (The AAA provides form Demands for Arbitration at www.adr.org). The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Epiphany Parties otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Epiphany Parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the Limitation of Liability section of these Terms as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Epiphany Parties will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Epiphany Parties will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. If Epiphany Parties change this Legal Disputes/Arbitration section, you may reject any such change by sending us written notice (including by email to legal@alanis.com) within 30 days of the date such change became effective, as indicated in the “Effective Date” date. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Epiphany Parties in accordance with the provisions of this Section as of the date you first accepted these Term (or accepted any subsequent changes to these Terms).
Venue. You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Assignment. In our sole and absolute discretion, we may assign these Terms without notice to you. You may not assign these Terms without our prior written consent.
No Waiver. The waiver by either party of any breach of these Terms will not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing, and signed by the party waiving its rights. Neither a course of dealing or conduct between you and us nor any trade practices will be deemed to modify these Terms.
Severability. If any provision of these Terms is found to be unenforceable or contrary to law, such provision will be modified to the least extent necessary to make it enforceable, and the remaining portions of these Terms will remain in full force and effect.
Our Right to Update These Terms. We reserve the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
Entire Agreement. These Terms constitute the entire agreement between you and Epiphany with respect to your use of the Site and supersedes all prior agreements, proposals, negotiations, representations, or communications.