This Agreement is divided into two parts. Part One explains all of the terms that govern your use of the Services. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Services, you must accept all of the terms of this Agreement.
The Company is not a provider of medical or dental services. This Agreement does not apply to the professional relationship that you may establish with dentists who prescribe Company’s products (referred to collectively as the “Dental Network”).
We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on Company’s website. Any use of the Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) in place when the dispute arose.
Part One: Terms Governing Use of the Website and Services
THIS WEBSITE IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “000” OR AN APPROPRIATE EMERGENCY RESPONDER. COMPANY IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THIS WEBSITE.
4. Age Limitations
This website and the Services are intended and only suitable for individuals 18 years of age and above. Some of the content on this website may not be appropriate for children. Children under the age of 13 are not permitted to use this website. We strongly recommend that children between the ages of 13 and 17 ask their parent’s or guardian’s permission before viewing our website. Company hereby disclaims all liability for use by individuals under the age of 18.
5. Information on this Website is Not Professional Advice
All data, information, text, graphics, links, and other material on this website and information contained on or in any product packaging or labels (collectively, the “Educational Content”) are provided as a convenience to our website visitors and customers. The Educational Content provided is for general informational and educational purposes only; it is not intended to serve as dental or other professional health advice and is not to be used for diagnosis or treatment of any condition or symptom. Educational Content does not constitute the provision or practice of dentistry or professional health care advice or service; use of the Services does not create a doctor-customer relationship with Company.
You should consult a dentist or other qualified health care provider regarding any specific questions you may have. Educational Content is not exhaustive and does not cover all orthodontic or dental treatments and conditions, nor is it intended to replace the advice of an orthodontist, dentist, or other medical professional. You should never disregard professional advice or delay in seeking treatment based on the Educational Content or other websites linked to or from this website.
6. Restricted Use
You may use this website only to the extent that you obey all laws, rules, and regulations applicable to your use of this website. Our Services are intended for personal use only and may not be used in connection with commercial endeavours, unless otherwise permitted by written agreement. As the Company is headquartered in the United States the Site is hosted in the United States, but is intended for users located in Australia.
7. Suspension or Termination of Use
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to other remedies available to Company. Company reserves the right to terminate, without notice, any user’s access to or use of the Services for any reason.
8. Your Privacy
Registration is not required to view certain content on the website. However, to use some parts of the website and Services you may be required to register and provide certain information about yourself, including your e-mail address and password (“Credentials”). If you become a registered member of the website, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for maintaining the confidentiality of your Credentials. If you believe someone has accessed the website using your Credentials without your authorization, e-mail us immediately at: email@example.com.
Descriptions or images of, or references to, products or services on the website do not imply Company’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Company’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Company is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to Company’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction. Current rates for any product or service available through the website may be obtained by sending an email to: firstname.lastname@example.org.
Transactions with Company will result in electronic communications to you at the e-mail address that you provide regarding your order purchase amount and shipment notification. By making a purchase, you consent to these communications from us. These communications are not encrypted but any subsequent communications through the customer portal will be encrypted.
Purchasing products or services described or linked to on the website (each such purchase, a “Transaction”), may be subject to restrictions on discounts, promotions, contests, or regularly priced items. Such restrictions may include discounts when used with certain method of payments, financing, or payment plans such as BytePay™, timing of discount period, or pre-determined time or dates required in order to fulfill your obligations as a customer. We reserve the right, without prior notification, to change such descriptions, restrictions, or references to limit the order quantity upon any product or service.
When you purchase a Service Subscription, you will be able designate the frequency of deliveries for specific products, as well as the pre-paid period of the overall subscription (e.g., three (3) month subscription for one delivery per month, one (1) year subscription for four (4) deliveries each month during that year, etc.).
At the expiration of the pre-paid period of your Service Subscription, your Service Subscription will automatically renew at the frequency referenced on your subscription page (or if not designated, then monthly) and you will be charged applicable subscription and delivery fees until you cancel your subscription or we terminate it. Prior to the renewal, you will receive reminders about the renewal and the renewal policies. Whether you accepted auto-renewal or continuous service online, over the phone, or in another manner consistent with Byte practices, you will be allowed to terminated the auto-renewal or subscription service online, as well as any other method convenient to you. You may cancel your subscription at any time by emailing email@example.com or using the manage subscription feature on your account settings.
We reserve the right to adjust pricing for any subscription in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes to your Service Subscription will take effect on the next renewal date.
12. Agreement to Single-Arch Treatment Policy
When your dental history and oral health are evaluated by our team of dentists, they will make a ruling on whether we are able to safely and successfully align your teeth. If they determine that we can safely align the upper teeth but not the lower teeth, or align the lower teeth but not the upper teeth, we will create a treatment plan for only one arch of teeth. This single-arch plan will be shown in the 3D model displayed in your Byte Account Center. If shown in the 3D model, you acknowledge and agree that you will only receive aligners for one arch.
13. Social Media and Online Communities
Company may also provide you opportunities to participate in online communities on such Social Media Sites and may host discussion boards, chats, and other forums on this website. For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with hashtags that we may provide from time to time in order to submit your Tagged Content for potential use on our website. If you post Tagged Content with hashtags as we may provide from time to time, your activity and participation is governed by these Terms. Additionally, you remain responsible for your compliance with other applicable terms and conditions such as those of Instagram or other Social Media Sites. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission.
If you participate in Company online community, discussion board or other forum, you agree that anything you submit is being provided by you voluntarily, on a non-confidential basis, and without any compensation due to you and you grant Company a perpetual, worldwide, royalty-free, transferable, and sub-licensable, right and license to use, copy, distribute, modify, create joint and derivative works, your content, postings and Tagged Content in any form or format. You further agree that (a) you will not post, transmit, or link to any material, websites, Tagged Content or other information or content that is libelous, defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech; (b) you may only post, upload or transmit photos or materials for which you have the copyright or other permission to distribute electronically citing the original source; (c) you may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights; (d) you agree that any Tagged Content or materials you post or upload will be owned by you or be in the public domain; (e) you may not intentionally post, create, upload or transmit any software or other material that contains a virus or other harmful code or device; (f) you may not solicit other users, or distribute advertising, for products or services through the website, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses for the purpose of sending bulk email or other messages to other users of the website; (g) if you choose to submit Tagged Content or post items in public or “chat” portions of the website, such material, information, photographs, and other information you post in these public or group areas is available to the other individuals using website and Company does not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information for any purpose whatsoever; (h) you will always use caution in posting personally identifying information, and never exchange personal financial information, address, phone numbers or other personal information; (i) you will not post any material that violates any law or regulation; (j) you will not impersonate any other person or use the identity of some other living person; and (k) your postings will truthfully reflect your own experience.
Company may terminate or restrict your access to any Company online community, including access through the website.
14. Selection and Removal of Tagged Content
We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the website or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the website, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the website properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.
16. SMS Short Code Terms & Conditions
By providing Straight Smile with your mobile phone number, you agree that we may use your number to provide you important transactional SMS information and updates about your application process, inquiries, orders, and treatment through five digit SMS short codes. These messages, including the number of messages and their individual size will vary per user based on various factors, including the level of assistance required by you to complete the process, the evaluation of your specific needs at the stages of service, and the length of treatment you experience.
a) Mobile User Opt Out and Assistance
You may discontinue text service at any time by replying “STOP” to any SMS message you receive from Straight Smile. This will unsubscribe from future SMS updates. You may also seek assistance by replying “HELP” to access a member of Straight Smile’s team or you can call our support team at +1800 BYTEME (280-363).
b) Mobile User Fees
Straight Smile does not charge any of its users additional fees to send or receive text messages. Nevertheless, your mobile carrier may charge fees for these same messages, and your message and data rates with your mobile carrier may apply.
c) Mobile Carriers Supported
Straight Smile supports the following mobile carriers: AT&T, Sprint, T-Mobile®, Verizon Wireless, Metro PCS, Nextel, Virgin Mobile, U.S. Cellular®, ACS Wireless, All West Wireless, Bluegrass, Boost USA, Cambridge Telecom, Cellcom, Cellular South, Centennial, Cincinnati Bell, Cricket Wireless Dobson, Cellular One of East Central Illinois, Appalachian Wireless, Farmer’s Mutual Telephone Company, General Communications, Golden State Cellular, PC Management, Inland Cellular, Illinois Valley Cellular, Nex-Tech Wireless, Nucla-Naturita, nTelos, Revol, Silver Star PCS (God Star), Snake River PCS, South Central, Syringa, Thumb cellular, UBET Wireless, Unicel, United Wireless, and West Central Wireless. The wireless carriers are not liable for delayed or undelivered message. Straight Smile will similarly not be liable for any delays in the receipt of any SMS messages connected with our SMS system. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.
d) SMS Privacy
17. Copyright Notice
This website is owned and operated by Company. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the website and materials contained on the website are either owned by Company, are licensed to it, or are used with permission. Company and its licensors retain and reserve all proprietary rights to the contents of this website.
You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Company. You may link to, view, download, use, display and print a single copy of the materials found on this website only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Company or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright ©  Byte. All rights reserved.” Any other use of the website or the information contained here is strictly prohibited. Company may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.
18. Copyright Infringement – DMCA Notice
The Copyright Act and its amendments as well as the Digital Millennium Copyright Act (the “DMCA”) provide remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this website infringes a valid copyright owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to: firstname.lastname@example.org.
The notice must include 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 copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of 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 in good faith that a notice of copyright infringement has been wrongly filed against you, the Copyright Act and DMCA permit you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the Copyright Act or DMCA. Notices and counter-notices with respect to the website should be sent to the address above.
19. Trademark Notice
Company names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Company. All rights are reserved. You are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing on the website are the property of their respective owners.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Part Two: Additional Legal Terms
21. Representation and Warranties
21. Representation and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of this website will be in compliance with these Terms.
22. No Warranties
USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ANY AFFILIATED COMPANY ENTITY, THEIR PROCESSORS, PROVIDERS, LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) (COLLECTIVELY “COMPANY PARTIES”) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
BY VISITING THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, AND COMPANY PARTIES FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED COMPANY OF THE POSSIBILITY OF SUCH CLAIM.
24. Limitation of Liability and Damages
THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND ANY OF ITS SERVICES IS TO STOP USING THE WEBSITE OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF COMPANY PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact us at email@example.com with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Company, including Company Parties, are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Company including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, Company advertising, and any use of Company services.
26. Binding Individual Arbitration
Byte and you agree that you are required to resolve any Disputes that you may have against Byte, Straight Smile, or their affiliated dental professionals (collectively Byte et al.), including but not limited to medical malpractice disputes and consumer actions, will be determined on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Byte et al., and also will preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Byte et al. by someone else.
Agreement to Binding Arbitration Between You and Byte et al.
You and Byte et al. agree that any dispute, claim or controversy arising out of or relating to (a) the Customer Consent or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the services and products you order and/or receive from Byte et al. at any time, whether before or after the date you agreed to the Customer Consent, will be settled by binding arbitration between you and Byte et al., and not in a court of law.
You acknowledge and agree that you and Byte et al. 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. Unless both you and Byte et al. otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Byte et al. each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Arbitration will be pursued by the parties before the parties go to court and such arbitration will be conducted by a single arbitrator under the rules of arbitration of the Australian Disputes Centre. If the parties are not able to decide on an arbitrator, the President of the New South Wales, Queensland, and Victoria Law Societies or his or her nominee will decide the arbitrator. Notwithstanding the foregoing, either party may pursue the protection of intellectual property rights and confidential information and to stop other illegal activities through injunctive relief or other equitable relief through the courts.
Jurisdiction and Governing Law
To the maximum extent permitted by applicable law, Byte makes no representation that this site’s information, the services or products offered through the site are appropriate, available or legal in any particular location. Those who choose to access the site Information, the services and products offered through the site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that where permissible under Australian law, this Agreement, for all purposes and without regard to the conflict of laws, shall be governed and construed in accordance with the laws of the Delaware, of the United States. Appreciating the location of Byte and you, you acknowledge and agree that Byte may, in partaking in such arbitration, elect to use telephonic communications to minimize the need for long distance travel. This section will survive termination of your relationship with us.
Unless you and Byte et al. otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000 US, then the arbitration will be conducted solely on the basis of documents you and Byte et al. submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000 US, your right to a hearing will be determined by the Australian Disputes Centre Rules of Arbitration. Subject to these 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.
The Arbitrator will render an award within the time frame specified in the Rules of the Australian Disputes Centre. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
Your responsibility to pay any arbitration filing, administrative and arbitrator fees will be solely as set forth in the Australian Disputes Centre guidelines. However, if your claim for damages does not exceed $75,000 U.S. dollars, Byte et al. 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.
Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
27. Requests for Information
28. Limitation on Time to Initiate a Dispute
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
29. Links to Other Websites
30. Downloadable Files and Email
Company cannot and does not guarantee or warrant that email or files available for downloading from its website will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Company does not assume any responsibility or risk for damage to your computer or its files related to your use of the website or Services.
31. Notice for Australian Users
If you have a question or complaint regarding the Services provided to you by Company please contact us at firstname.lastname@example.org to receive further information regarding the Services or to resolve the complaint. If you are not satisfied with our response, you may complain to the Office of the Australian Information Commissioner ("OAIC") via the OAIC website, www.oaic.gov.au or you may also contact the Australian Competition & Consumer Commission’s Infocentre on 1300 302 502, Monday to Friday from 8.30am to 5.30pm AEST/AEDT.
You may not assign any rights or obligations under this Agreement without Company’s prior written consent. Company may assign all or part of this Agreement.
All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.
No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.
37. Entire Agreement; Amendment
This Agreement constitutes the entire agreement between you and Company applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.
38. Conflicting Terms
Anything on the website inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.