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You are responsible for both:
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Additionally, you agree not to:
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If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
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TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
For any dispute not subject to arbitration (such as if you reside in a jurisdiction that does not permit mandatory arbitration, or as specified herein, arbitration does not apply (such as permitted small claims court actions or matters exempted from arbitration), you and the Company agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New York, New York. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and the Company shall be governed by the laws of the State of New York without regard to conflict of law provisions
A. Binding Individual Arbitration; No Class Actions
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
B. First, many issues can be resolved quickly and amicably by contacting us at [email protected]
C. Informal Resolution –Try to Work It Out.
Prior to starting arbitration, you and the Company agree to attempt to resolve the dispute informally. You and the Company agree to make a good-faith effort to negotiate your dispute for at least 30 days (“Informal Resolution”). Those informal negotiations will start on the day the Company receives a written Dispute Notice from you in accordance with these Terms.
a. You must send your Dispute Notice to: Thinklean Limited’s Legal Department, ATTN: ARBITRATION OF DISPUTE, Unit 1005, 10/F Tower A New Mandarin Plaza 14 Science Museum Rd Tst, Нong Kong and to [email protected]. You must include your name, address, how to contact you, and the issue or problem you are experiencing.
b. If the dispute is not resolved within 30 days by Informal Resolution or small-claims court (below), You or Thinklean Limited may start an arbitration in accordance with these Terms.
c. Small Claims Court:Following Informal Resolution, You and the Company agree that either You or the Company may bring a case in small-claims court (if the matter meets the requirements of small-claims court.)
d. Binding Individual Arbitration:THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU AGREE THAT NO CLASS ACTIONS ARE PERMITTED.
e. You and Thinklean Limited agree that Disputes will be settled by binding individual arbitration conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) subject to the U.S. Federal Arbitration Act and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures effective July 1, 2014 (the “JAMS Rules”) as modified by these Terms of Service. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration/ . The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/ .
f. This means that you and Thinklean Limited agree to a dispute-resolution process where either you or Thinklean Limited submit any dispute to a neutral arbitrator (not a judge or jury) that makes the final decision to resolve the dispute.
g. The arbitrator’s decision is final, and can be enforced like any other court order or judgment.
h. Disputes We Agree to Arbitrate: You and Thinklean limited agree to submit all Disputes between you and Thinklean Limited (except those specifically exempted below) to individual binding arbitration. “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and Thinklean Limited that relates to your use or attempted use of Thinklean Limited’s products or services and Thinklean Limited’s products and services generally, including without limitation the validity, enforceability, or scope of this Binding Individual Arbitration section.
i. You and Thinklean Limited agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory.
j. The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-claims court; (2) an action to compel or uphold any prior arbitration decision; (3) Thinklean Limited’s right to seek injunctive relief against you in a court of law to preserve the status quo while an arbitration proceeds; and (4) claims of intellectual-property infringement.
k. You and Thinklean Limited agree that whether a dispute is subject to arbitration under these Terms of Service will be determined by the arbitrator rather than a court.
l. Arbitration Procedure: To start an arbitration, review the JAMS Rules and follow the instructions for initiating an arbitration on the JAMS website. The party starting an arbitration must send JAMS a “Demand for Arbitration” (available on its website), pay a filing fee, and mail a copy of the Demand for Arbitration to the opposing party. You will send a copy to Thinklean Limited’s Legal Department, ATTN: ARBITRATION OF DISPUTE, Unit 1005, 10/F Tower A New Mandarin Plaza 14 Science Museum Rd. Tst, Нong Kong and to [email protected] . Thinklean Limited will send our copy to your registered email address and any billing address you have provided us.
m. The arbitration will be conducted by a single JAMS arbitrator selected with substantial experience. You and Thinklean Limited both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms of Service.
n. If an in-person hearing is required, the hearing will take place either in New York, New York, or where you reside; you choose. New York law will apply. without regard to conflict of law provisions.
o. The arbitrator (not a judge or jury) will resolve the Dispute.
p. The arbitrator may not award relief against Thinklean Limited respecting any person other than you.
q. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction.
r. Arbitration Fees and Location:
If you start the arbitration, you must pay the JAMS filing fee required for consumer arbitrations.
If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.
s. Notice and Filing: If a Dispute must be arbitrated, you or Thinklean Limited must start arbitration of the Dispute within one (1) year from when the Dispute first arose. If applicable law requires you to bring a claim for a Dispute sooner than one (1) year after the Dispute first arose, you must start arbitration in that earlier time period. The failure to provide timely notice shall bar all claims.
t. Continuation in Effect: This Binding Individual Arbitration section survives any termination of these Terms of Service or Thinklean Limited provision of services to you.
u. Class Action Waiver: To the maximum extent permitted by applicable law, you and Thinklean Limited agree to only bring Disputes in an individual capacity and shall not:
a) seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or
(b) consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to these Terms and all other actions or arbitrations.
If all or any provision of this Binding Individual Arbitration agreement is found invalid, unenforceable, or illegal, then you and Thinklean Limited agree that the provision will be severed and the rest of these Terms of Service shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, you and Thinklean Limited agree that it will not be severable; this entire Binding Individual Arbitration section will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in these Terms. Under no circumstances shall arbitration be conducted on a class basis without Thinklean Limited’s express consent.
y. Opt-Out: 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice, signed by you, of your decision to opt-out to the following address: Unit 1005, 10/F Tower A New Mandarin Plaza 14 Science Museum Rd. Tst, Нong Kong, Attn: Arbitration Opt-Out. The notice must be sent within 30 days of November 12th, 2023 or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Thinklean Limited also will not be bound by them.
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All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected] .