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      Terms of Service

       

      Revibe Online Platform Terms of Service
      and Mobile Application End User License Agreement

       

      Last modified: February 8, 2019

       

      IN THE UNLIKELY EVENT THAT ANY DISPUTE BETWEEN US IS NOT RESOLVED BY OUR DEDICATED SUPPORT SERVICES TEAM OR CONSULTATIONS BETWEEN US, THIS AGREEMENT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE SEE SECTION 16 TO LEARN MORE.

      SUBSCRIPTIONS TO USE OUR PLATFORM RENEW AUTOMATICALLY UNLESS YOU CANCEL THE SUBSCRIPTION IN ACCORDANCE WITH THIS AGREEMENT. PLEASE SEE SECTION 9(g) TO LEARN MORE.

       

      This Revibe Online Platform Terms of Service and Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Revibe Technologies, Inc., a Delaware corporation (“Revibe” or “we”). This Agreement governs your use of the Revibe application on iOS, Android, Chromebook or other mobile device platforms (including all related documentation, the “Application”) as well as the Revibe PLUS online service which may be accessed through your Internet web browser (including all related documentation, the “Service” and, together with the Application, the “Platform”). The Platform is licensed, not sold, to you.

       

      BY CLICKING THE “AGREE” BUTTON AND PROCEEDING TO USE THE PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR OTHERWISE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT IN YOUR JURISDICTION OF RESIDENCE; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE “AGREE” BUTTON, DO NOT USE THE PLATFORM AND IMMEDIATELY DELETE THE APPLICATION FROM YOUR MOBILE DEVICE.

       

      If you are a business, school or other organization that will be utilizing our mobile application or online service in connection with your customers, students, employees or other constituents or end users, as opposed to an individual or family member who will be utilizing our Platform for your personal use, then you must refer to our Revibe For Organizations Online Subscription Agreement http://info.revibetech.com/organization-agreement for the terms and conditions that apply to you.

      1. Application License Grant. Subject to the terms of this Agreement, Revibe grants you a limited, revocable, non-exclusive and non-transferable license to:

       

      (a) download, install and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with this Agreement and the Application’s documentation; and

        (b) access and interact with, on such Mobile Device, the content, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, the “App Content”) solely as (and in the form) made available to you through the Application, and strictly in accordance with this Agreement.

        2. Service Authorization. Subject to the terms of this Agreement, you are hereby authorized to remotely access (via the Internet) and use the Service, as well as its content, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, the “Service Content” and, together with the Application Content, the “Content”) solely as (and in the form) made available to you via the Service, for your personal, non-commercial use strictly in accordance with this Agreement and any documentation provided with the Service. This authorization is limited, revocable, non-exclusive and non-transferable.

        1. Limitations and Restrictions. You must not:

        (a) copy any portion of the Platform, except as expressly permitted by this license;

        (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Platform;

        (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;

        (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Platform, including any copy thereof;

        (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Platform or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time;

        (f) bypass or breach any security device or protection used by the Platform or access or use the Platform other than through the use of your then valid access credentials;

        (g) input, upload, transmit or otherwise provide to or through the Platform, any information or materials that are unlawful or injurious, or contain, transmit or activate any software, hardware or other technology, device or means, including any virus, worm, malware or other malicious computer code, the purpose or effect of which is to: (i) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (x) computer, software, firmware, hardware, system or network or (y) any application or function of any of the foregoing or the security, integrity, confidentiality or use of any data processed thereby; or (ii) prevent any other user from accessing or using the Platform as intended by this Agreement;

        (h) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Platform or our provision of products or services to any third party, in whole or in part;

        (i) access or use the Platform in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right, privacy right or other right of any third party, or that violates any applicable international, federal, state or local laws, rules or regulations (including any export or release that violates any export laws);

        (j) use any manual or automatic process (such as robots, spiders or other automatic devices) to monitor or copy any of the material on the Platform or for any other unauthorized purpose without the prior written consent of Revibe;

        (k) use the Platform in any manner that is contrary to the provisions of this Agreement, our Privacy Policy or any other applicable documents or policies referenced herein.

        1. Collection and Use of Your Information. You acknowledge that when you download, install, access or use the Application and/or the Service, Revibe may use automatic means (including, for example, cookies and web beacons) to collect information about your computer or Mobile Device and about your use of the Platform. You also may be required to provide certain information about yourself or about users of the devices in your household that are linked to your account as a condition to downloading, installing, accessing or using the Application and/or the Service or in connection with your use of certain of the features or functionality of the Platform. All information we collect through or in connection with the Platform is subject to our Privacy Policy https://revibetech.com/pages/privacy. By downloading, installing, accessing or using the Application and/or the Service or by providing information to or through the Platform, you consent to all actions taken by us with respect to your information that are consistent with our Privacy Policy.

        1. Intellectual Property.

        (a) The Platform. You acknowledge and agree that the Platform is provided under license, and not sold, to you. You do not acquire any ownership interest in the Platform under this Agreement, or any other rights thereto other than to use the Platform in accordance with the licenses and authorizations granted, and subject to all terms, conditions and restrictions, under this Agreement, our Privacy Policy or any other applicable documents or policies referenced herein. Revibe and its licensors and service providers reserve and shall retain all right, title and interest in and to the Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. The Platform is owned by Revibe or its licensors, and as such the Platform is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
         
        (b) Content. The Content is variously owned by Revibe or its licensors and service providers. As such the Content is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except as specifically authorized under Sections 1(b) and 2 above, you must not reproduce, republish, upload, post, modify, prepare derivative works based upon, distribute, perform publicly, display publicly, or use in connection with the sale of goods or services any of the Content without the prior written permission of the owner of the Content.
         
        (c) Trademarks. The names, logos, product and service names, designs and slogans of Revibe, including the word mark REVIBE, the word mark RE-VIBE, the word mark REVIBE CONNECT, the word mark REVIBE PLUS and the Revibe stylized logo, are the trademarks of Revibe or of its affiliates or licensors. You must not use such marks without the prior written permission of the owner of such marks.

        1. Uses of the Platform.

        (a) Accessing the Platform. We strive to provide a reliable and useful experience when using our Platform, but we do not guarantee that our Platform will be available at any specific time and we will not be liable for any reason if you cannot access the Platform. We reserve the right to alter, enhance, withdraw, restrict the use of or amend the Platform (including, without limitation, the design, look and feel, functionality, content, material, information and/or services provided via the Platform) in our sole discretion at any time without notice.
         
        (b) Account Security. If you choose or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and others in your household with devices linked to your account and agree not to provide any other person with access to the Platform or portions of it using your user name, password or other security information. If you permit any other person to use your account, you will be responsible for their activities while using the Platform. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would violate this Agreement, violate any applicable law, rule or regulation, or otherwise be inappropriate. Accessing the Platform without proper user name and password is strictly prohibited, constitutes a breach of this Agreement resulting in the immediate termination of your right to use the Platform, and may violate copyright and other laws.

         

        (c) Disclaimers: No Use for Medical Diagnosis, Treatment or Prevention. Neither the Platform nor the Revibe devices themselves are medical devices and they are not intended to diagnose, treat, cure or prevent any disease or condition, nor are they a substitute for any professional medical or therapeutic advice, diagnosis or treatment. Accordingly, we do not provide any warranty or representation with respect to the merchantability, fitness or suitability of the Platform or any Revibe devices for treating any medical condition. Because the Platform and the Revibe devices are not medical devices, they have not been developed or manufactured in accordance with quality standards that may be necessary for materials intended for use in medical device applications and we have not sought or received any rulings from the U.S. Food and Drug Administration as to the safety or effectiveness of the Platform or Revibe devices for medical purposes. Purchasers of the Revibe devices and/or users of the Platform proposing to evaluate or use our products or services for a medical or therapeutic purpose should rely upon qualified, licensed medical or therapy providers before doing so. The information presented on the Platform is made available solely for general information purposes and does not constitute, and is not intended to be, a comprehensive review of any condition or body system. The information presented on the Platform should not be used as a substitute for, or a replacement of, clinical or therapeutic decision making by a licensed provider. We do not warrant the accuracy, completeness or usefulness of this information and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Platform, or by anyone who may be informed of any of its contents. We do not offer, and the Platform does not constitute, medical, therapeutic or healthcare services or advice. Use of the Platform does not create a physician-patient or therapist-patient relationship. If you experience any medical emergency while using the Platform or any Revibe device, immediately stop using the Platform and/or Revibe device and consult a medical professional. Use of the Platform and the Revibe devices is voluntary and at your own risk. We may update the Content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

        (d) Content Provided by Third Parties. The Platform may include content provided by third-parties. All statements or opinions expressed in these materials, other than the content provided by Revibe, are solely the opinions and the responsibility of the third-party providing those materials. These materials do not necessarily reflect the opinion of Revibe. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

         

        1. Geographic Restrictions. Revibe is based in the United States. We provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its Content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. The Platform’s infrastructure is hosted in the United States and any related services are provided from the United States. It is possible that certain information you provide to the Platform will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms. If you are a user accessing the Platform from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to Revibe’s use of your personal information in accordance with our Privacy Policy.

        1. Application Updates. Revibe may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either:

         (a) the Application will automatically download and install all available Updates; or

         (b) you may receive notice of or be prompted to download and install available Updates.

         

        You must promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

         

        You agree that Revibe has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality in the Application or the Service.

         

        1. Links to Other Sites. If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. 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 linked third party websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

         

        1. Subscription Fees and Payment Terms.

        (a) To access the Platform, you must subscribe to one of our pricing plans for the Platform and timely pay all corresponding subscription fees. Pricing plans for subscriptions to the Platform can be found on Revibe’s current website pricing page located at: https://revibetech.com/collections/shop/products/revibe-connect-device.
         
        (b) Your subscription may begin with a free trial period, as described at the time of sign up. Free trials are for new subscribers only. We reserve the right, in our sole discretion, to determine your free trial eligibility and will notify offenders of any perceived abuses of free trials, which may result in suspension of your access to the Platform or termination of this Agreement (in addition to, and not in lieu of, our other rights under this Agreement, at law or in equity).
         
        (c) All subscription purchases are final. Except as expressly otherwise provided in this Agreement, all subscription fees once paid are non-refundable.
         
        (d) Depending on the pricing plan that you choose, you may be billed for the applicable subscription fees in advance on a monthly or annual basis. You must make all payments required under your pricing plan in United States dollars. You must establish and maintain a valid and updated credit card, debit card or other online payment information through the third-party payment processor that we use for this purpose (in each case, the “Automatic Payment Method”). All payments processed via the Platform will be encrypted and transmitted securely using Secure Sockets Layer (SSL) technology through a reputable third-party payment processor. Upon establishment of such Automatic Payment Method, you hereby authorize us to charge the applicable subscription fees using such Automatic Payment Method. You are responsible for providing complete and accurate billing and contact information and providing notice of any changes to such information.
         
        (e) If you do not pay on time or if your Automatic Payment Method cannot be charged for any reason, we reserve the right to either suspend your account or terminate this Agreement at our sole discretion. The remedies specified in this Section are in addition to, and not in lieu of, our rights under this Agreement, at law or in equity.
         
        (f) You are also responsible for paying any sales and use taxes that may apply to your purchase of a subscription to the Platform, based on the billing zip code you provide when you register for a subscription, and you authorize Revibe or the third-party payment processor that we engage to charge your Automated Payment Method for any such taxes.
         
        (g) By purchasing a subscription to the Platform, you acknowledge that Revibe will automatically renew your subscription at the intervals shown in your account settings, as authorized by you during the subscription sign-up process, and will charge your Automatic Payment Method with the applicable subscription fees and sales or similar taxes that may be imposed on your subscription fee payments. We may submit periodic charges (e.g., monthly or annually, as applicable) to your Automatic Payment Method without further authorization from you until you provide prior notice either that you have terminated this authorization by terminating this Agreement or that you wish to change your Automatic Payment Method. Each subscription renewal period is for the interval shown in your account settings. To cancel a subscription, please adjust the settings in your account, contact us by e-mail at support@revibetech.com or call us by telephone at 919-521-8444. We require a reasonable amount of time to process your subscription cancellation request. If you cancel your subscription, you will enjoy your subscription benefits until the end of the then-current subscription term, and your subscription benefits will expire at the end of the then-current subscription term for which you have paid. You will not be eligible for a prorated refund of any portion of the subscription fees paid for any unused days of the then-current subscription term.
         
        (h) You may be eligible for discounts on subscription fees as a result of referring new users to our Platform. Please see our website for additional details.

         

        1. Term and Termination.

         

        (a) The term of Agreement commences when you acknowledge your acceptance of this Agreement by clicking “Agree” and will continue in effect until terminated as set forth in this Section 11.

           

          (b) You may terminate this Agreement at any time by terminating your user account and deleting the Application and all copies thereof from your Mobile Device.

             

            (c) Revibe may terminate this Agreement at any time without notice.

               

              (d) In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

                 

                (e) Upon termination:

                  i. If we have terminated this Agreement, we will not be liable to you in any manner as a result of our termination of the Agreement, although we may, in our sole discretion, choose to provide you with a refund of any prepaid subscription fees (provided, however, that if this Agreement is terminated as a result of your violation of any of the terms and conditions of this Agreement, then you will not be eligible for any such refund);

                  ii. all rights and licenses granted to you under this Agreement will also terminate;

                  iii. we may disable your access to the Platform; and

                  iv. you must cease all use of the Platform and delete all copies of the Application from your Mobile Device.

                   

                  (f) Termination will not limit any of Revibe’s rights or remedies under this Agreement, at law or in equity arising prior to termination. This Section 11, Section 5 and Sections 12 through 20 will survive any such termination.

                    1. Disclaimer of Warranties. THE PLATFORM IS PROVIDED TO YOU “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, REVIBE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, REVIBE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

                     

                    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU SOLELY TO THE EXTENT PROHIBITED BY LAW.

                     

                    1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REVIBE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF (A) $50.00 OR (B) THE TOTAL AMOUNT OF SUBSCRIPTION FEES YOU HAVE PAID TO REVIBE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR CONTENT, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR REVIBE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

                     

                    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 THE PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA. ACCORDINGLY, REVIBE 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 MOBILE DEVICE OR OTHER COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR ON ANY WEBSITE LINKED TO IT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU SOLELY TO THE EXTENT PROHIBITED BY LAW.

                     

                    1. Indemnification. You agree to indemnify, defend and hold harmless Revibe and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Platform or your breach of this Agreement.

                    1. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

                    1. Dispute Resolution; Binding Arbitration; Governing Law.

                    (a) PLEASE READ THIS SECTION CAREFULLY, BECAUSE WE WANT YOU TO KNOW AND UNDERSTAND HOW IT AFFECTS YOUR RIGHTS.
                     
                    (b) If you have an issue with the Platform, we encourage you to review our frequently asked questions page or contact our dedicated support services team by e-mail at support@revibetech.com or by telephone at 919-521-8444.
                     
                    (c) If our support services team is unable to resolve any issues, then you and we agree that we will first attempt to settle any claim, controversy or dispute arising out of or relating to this Agreement through consultation and negotiation, in good faith and a spirit of mutual cooperation.
                     
                    (d) If the parties cannot resolve the claim, controversy or dispute within sixty (60) days through direct consultation and negotiation, then the claim, controversy or dispute shall be determined by final and binding arbitration to be administered by JAMS under its Comprehensive Arbitration Rules and Procedures. The dispute shall be arbitrated by one mutually acceptable arbitrator. If the parties are unable to agree upon a single arbitrator, then the parties shall choose an arbitrator by striking from a list of arbitrators supplied by JAMS. The arbitration proceeding must be completed through the rendering of the award within six months of the selection of the arbitrator. The arbitration hearing shall be no longer than five consecutive business days to be equally divided between the parties. The arbitrator shall not have the power to award any punitive or exemplary damages nor attorneys’ fees to either party. The award of the arbitrator shall be accompanied by a written explanation of the basis of the award. The decision of the arbitrators shall be final and binding and may be enforced in any court of competent jurisdiction.
                     
                    (e) The procedures set forth in this Section 16 are the exclusive means for resolving any claims, controversies or disputes of any nature whatsoever between the parties (whether in contract, tort or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property or equitable claims) arising out of or relating to the Platform, this Agreement or the validity, scope, interpretation or enforceability of this Section 16, and neither party may initiate or maintain any proceeding in any court or similar tribunal relating to any dispute within the scope of this Section 16; provided that either party may seek temporary equitable relief to the extent reasonably necessary to protect its rights under this Agreement, in each case from a court of competent jurisdiction.
                     
                    (f) This Agreement and the rights the parties hereunder shall be governed by and construed in accordance with the laws the State of North Carolina, exclusive of conflict or choice of law rules. The parties expressly waive and disclaim the applicability of the United Nations Convention on the International Sale of Goods to the fullest extent permitted by law. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision immediately above with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
                     
                    (g) YOU AND REVIBE AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, AND NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AGREE THAT ANY ARBITRATION PROCEEDING WILL ONLY CONSIDER YOUR CLAIMS. CLAIMS BY, OR ON BEHALF OF, OTHER INDIVIDUALS, WILL NOT BE ARBITRATED IN ANY PROCEEDING CONSIDERING YOUR CLAIMS. YOU AND REVIBE UNDERSTAND AND AGREE THAT, BECAUSE OF THIS SECTION 16, NEITHER YOU NOR REVIBE WILL HAVE THE RIGHT TO GO TO COURT (EXCEPT AS PROVIDED HEREIN) OR TO HAVE A JURY TRIAL OR PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.
                     
                    (h) Except as may be required by law, neither you nor Revibe nor any arbitrator may disclose the existence, content or results of any claim, controversy or dispute under arising out of or relating to this Agreement or arbitration hereunder without the prior written consent of both parties, unless to protect or pursue a legal right.
                     
                    (i) Notwithstanding anything to the contrary in the foregoing, no party shall be precluded from bringing an individual claim in small claims court only, to the extent the applicable claim is within the jurisdictional limits of such court. The parties hereby agree to bring any such claim exclusively in the courts of the State of North Carolina located in Wake County, North Carolina, and you and Revibe hereby irrevocably submit to the exclusive jurisdiction of such courts in any such claim.
                     
                    (j) This agreement to arbitrate may be enforced by the parties to this Agreement and their permitted successors and assigns, and shall survive the termination or breach of this Agreement.

                    1. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

                    1. Entire Agreement; No Third Party Beneficiaries. This Agreement, our Privacy Policy and any other documents or policies referenced herein constitute the entire agreement between you and Revibe with respect to the Platform and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Platform. For clarity, purchase and use of the Revibe device itself are not governed by this Agreement but instead are governed by the Revibe device user manual and the terms and conditions of the web store where you purchased the Revibe device. This Agreement does not and is not intended to confer any rights or remedies upon any person other than you.

                    1. Waiver. No failure to exercise and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

                     

                    1. Changes to this Agreement. Revibe may revise and update this Agreement from time to time in our sole discretion. Changes are effective immediately when Revibe posts them, but are not retroactive. Your continued use of the Platform following the posting of a revised Agreement means that you accept and agree to the changes. You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Platform if you do not want to agree to the revised Agreement.

                     

                    1. Comments and Concerns. All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to support@revibetech.com.