IOT Global Council Terms of Service
Effective as of: March 17, 2016
Last Modified: April 29, 2016
The IOT Global Council website ( iotglobalcouncil.com) and associated services are operated by Wearable World Inc dba Wearable IoT World in partnership with Traction Technology Partners (“We” or “Us”).
Internet Web Site Terms of Service
NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO AGREE TO THESE TERMS. IF YOU ARE REGISTERING ON BEHALF OF A COMPANY, OR OTHER LEGAL ENTITY, THEN YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE ALL AUTHORITY NECESSARY TO BIND THE COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” WILL REFER TO THAT ORGANIZATION.
Customer Account and Registration
In order to use many of the Services offered you must become a registered user and establish an account (“Account”) and receive or establish a password (“Password”) which can be used by each of your employees and consultants who are authorized by you to use the Service on your behalf. In registering you agree to provide true, accurate, current and complete information about yourself as prompted by our registration form ( “Registration Data”) and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any Registration Data that is untrue, inaccurate, not complete or incomplete, or Wearable World Inc has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wearable World Inc has the right to suspend or terminate your Account and to refuse any and all current or future use of the Service (or any portion thereof) by you. You are responsible for all activities that occur under your Account and your Password. You agree to notify Wearable World Inc immediately of any unauthorized use of your Account or Password or any other breach of security and to exit from your Account at the end of each session. You agree that you are responsible for any losses arising out of the unauthorized use of your Account.
Term and Termination
Your Services subscription will start on the Service Commencement Date and run for the time period selected after which it will automatically renew unless you cancel by giving Wearable World Inc written notice. You may cancel your membership at any time and receive a pro-rated refund of the amount you have paid by contacting membership@IOTGlobalCouncil.com. Cancelled annual memberships will be pro-rated according to the monthly subscription rate.
We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend your use immediately.
We reserve the right to update these Service Descriptions from time to time without notice to Customer. Except as otherwise set forth in the Terms of Service, Customers continued access and use of the Services will indicate Customer’s acceptance of the then-current Terms of Service and Service Definitions..
Primary Member means a customer-designated individual (or by default the authorized signatory of the Agreement) who manages the subscription account including, but not limited to, designating any named authorized users and/or devices. Primary Members may assign their in-person event ticket to another Team member.
Team Member means a designated services seat into which a named user ID may log into at any time, for any duration. The number of active Team Members shall be determined by the number of Team Member subscriptions authorized and paid for by Customer.
Council Dinners are in-person invitation-only IOT Global Council events held twice a year in major US cities.
Event Receptions are in-person invitation-only IOT Global Council events held at major industry conferences.
Private Group Chat is a digital private chat room where all IOTGC Council members can engage and interact in conversations about issues and problems around IoT implementations.
Daily Curated Newsletters are delivered to members’ email addresses five days per week.
Monthly Newscasts will be delivered through an interactive video conference system. Recorded sessions will be available to all members.
Online Conferences are pre-planned virtual webinars. Conference invitations will be sent in advance to all members. Recorded sessions will be available to all members..
Private Group Chat is an online private chat room where all IOTGC Council members can engage and interact in conversations about issues and problems around IoT implementations.
Memberships Include the following:
All memberships include 1 Primary member and up to 5 team member seats which must be assigned to people within the same company. .
The Primary member receives all of the benefits listed on the IOTGlobalCouncil.com website including complimentary in-person events and all of the online services.
The additional team members receive all of the online services and benefits listed on the IOTGlobalCouncil.com website. Tickets to the invitation-only in-person events may be offered to Team members depending on availability and venue.
Fees and Payment
You will be responsible for payment of the applicable fee (“Subscription Fee”) at the time you create your Account and select your Services subscription (“Service Commencement Date”). All Subscription Fees will be billed to the credit card account you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card account status, you must change your information online at www.IOTGlobalCouncil.com or send an e-mail to membership@IOTGlobalCouncil.com. By authorizing Wearable World Inc to charge your credit card for Services, you further authorize Wearable World Inc to continue to charge your credit card (or a replacement card, if the credit-issuing entity informs Wearable World Inc that a replacement card has been issued) for all fees associated with the Services, including renewals. You must contact Wearable World Inc if you do not wish to renew your Services subscription; if you do not contact Wearable World Inc the Subscription Fee for Services that you selected will automatically renew for the same subscription term at Wearable World Inc ’s then current Subscription Fee for such Services.
The information communicated on this Website constitutes an electronic communication. When you communicate with Wearable World Inc through the Website or other forms of electronic media, such as e-mail, you are communicating with Wearable World Inc electronically. You agree that Wearable World Inc , on behalf of itself and others who may be involved with delivering the Services (as applicable), may communicate electronically by e-mail and/or may make communications available to you by posting them on the Website, and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and will have the same force and effect as if they were in writing and signed by Wearable World Inc . Notices and communications to Wearable World Inc must be sent to the applicable address given in these Terms or to membership@IOTGlobalCouncil.com.
Use of Service
Subject to your compliance with these Terms, Wearable World Inc grants you a limited, non-exclusive, non-transferable, non- sublicensable license to use the Services during the term for which you have purchased a subscription (“Service Term”). Certain information, documents, materials and services provided on and through the Site(s), including content, logos, graphics and images (together, the “Materials”) are made available to you by Wearable World Inc and are the copyrighted and/or trademarked work of Wearable World Inc or Wearable World Inc ’s contributors. Materials do not include Submissions (as defined below), or any third party applications including, companion applications. The terms specific to the Submissions or any third party applications including, companion applications are described below.
Wearable World Inc grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the Materials on the Site(s) solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site(s) or any Materials.
As a condition of using the Services you agree that you will install and keep current on your network and other systems, anti-virus software and related protections against malware including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.
We trust you to use our Services responsibly. You agree not use the Services to do the following things: (i) probe, scan, or test the vulnerability of any system or network; (ii) breach or otherwise circumvent any security or authentication measures; (iii) access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, Wearable World Inc (or our service providers’) computer systems; (iv) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services; (v) plant malware or otherwise use the Services to distribute malware; (vi) access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”); (vii) send unsolicited communications, promotions or advertisements, or spam; (viii) send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”; (ix) publish anything that is fraudulent, misleading, or infringes another’s rights; (x) promote or advertise products or services other than your own without appropriate authorization; (xi) impersonate or misrepresent your affiliation with any person or entity; (xii) publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred; or (xiii) violate the law in any way, or to violate the privacy of others, or to defame others. You acknowledge and agree that in the event that Wearable World Inc determines, in its sole discretion, that any of the foregoing restrictions has been violated, Wearable World Inc may immediately terminate this Agreement and refund a prorated portion of the Service Subscription Fee for the remainder of the Service Term.
You acknowledge that you are responsible for the files, images, blog posts and comments, and other materials that you submit, post or otherwise make available on the blogs or forums and/or support center sections of the Site(s) (each a “Submission”). When you make Submissions you agree you will not upload, post or otherwise make available on the Site(s) any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such right, and the burden of determining whether any Submission is protected by any such right is on you. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make. You represent and warrant that: (a) you own all Submissions posted by you on or through the Services or otherwise have the right to grant the licenses to Wearable World Inc set forth in this section; and (b) the posting of your Submissions through the Services do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Services.
You agree that Wearable World Inc is free to use Submissions on an unrestricted basis for any purpose and you grant Wearable World Inc a sublicensable, non-exclusive, fully-paid and royalty-free, worldwide license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submissions. However, under the foregoing license, Wearable World Inc will not have the right to sell ownership rights to your Submissions. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO YOUR SUBMISSIONS.
We may choose to review Submissions that are public for compliance with our community guidelines, but you acknowledge that Wearable World Inc has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
Third-Party Services, Products or Applications
The Site(s) may be linked to other sites that are not Wearable World Inc sites. Wearable World Inc is providing these links to you only as a convenience, and Wearable World Inc is not responsible for such linked sites including, without limitation, the content, products, services or links displayed on such sites. When you select a third party website or provider, Wearable World Inc may redirect you to the third party website and facilitate transactions such as buying and selling products or services. Your use of any third-party websites, applications, services or products, including any downloads is not governed by these Terms and is subject to the separate terms of the applicable third-party licensor’s end user license or similar agreement.
Disclaimer of Warranties
Your use of the Site(s), Materials and/or the Services is at your own risk. The Third Party Content has not been verified or authenticated in whole or in part by Wearable World Inc , and it may include inaccuracies or typographical or other errors. Wearable World Inc does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on the Site(s). Wearable World Inc has no liability for any errors or omissions in the Materials or the Third Party Content, whether provided by Wearable World Inc or our licensors.
Wearable World Inc , FOR ITSELF AND ITS LICENSORS AND SUPPLIERS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE(S), MATERIALS, YOUR APPLICATIONS OR Wearable World Inc ’S HOSTING THEREOF, THIRD PARTY CONTENT OR SUBMISSIONS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE(S) AND/OR THE RESULTS OBTAINED FROM THE USE OF THE SITE(S) OR MATERIALS, INCLUDING WITHOUT LIMITATION THE THIRD PARTY CONTENT OR SUBMISSIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE(S), THE THIRD PARTY CONTENT, THE HOSTING OF YOUR APPLICATIONS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE(S) IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Wearable World Inc DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
IN NO EVENT WILL Wearable World Inc AND/OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE(S), THE USE OR PERFORMANCE OF THE SITE(S), THE DELAY OR INABILITY TO USE THE SITE(S), OR FOR ANY INFORMATION, THIRD PARTY CONTENT, OR SUBMISSIONS OBTAINED THROUGH THE SITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SITE(S), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Wearable World Inc OR ANY OF ITS SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE(S), OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE(S). THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS Wearable World Inc ’S LIABILITY OR YOUR REMEDIES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL Wearable World Inc ’S AND/OR ITS SUPPLIERS OR LICENSORS TOTAL CUMULATIVE LIABILITY TO ANY THIRD PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR OTHERWISE) EXCEED THE GREATER OF (A) THE FEES PAID FOR ANY SUBSCRIPTION TO SERVICES ON THE SITE(S) IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST Wearable World Inc ; OR (B) ONE HUNDRED DOLLARS (USD $100).
THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS AND ARE AN INTRINSIC PART OF THE BARGAIN BETWEEN US. THE FEES PROVIDED FOR IN THESE TERMS REFLECT THIS ALLOCATION OF RISKS AND THE LIMITATIONS OF LIABILITY AND SUCH LIMITATION WILL APPLY NOTWITHSTANDING A FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
BY USING THE SITES AND/OR THE SERVICES, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Wearable World Inc PARTIES HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY Wearable World Inc AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT. In the event of a third party claim, Wearable World Inc will promptly notify you of such claim, and will provide reasonable assistance in the defense of such claim at your expense. You must defend the claim with counsel approved by Wearable World Inc , such consent to not unreasonably be withheld or delayed. In the event Wearable World Inc chooses to participate in the defense it will pay its own counsel provided, however, that if you are not defending the claim, or are not doing so with counsel approved by Wearable World Inc , you will be liable for any additional defense costs. You may settle any claim provided such settlement is a full and complete settlement of all claims and liabilities against Wearable World Inc , and that no obligation that requires any public statement or impairment of Wearable World Inc ’s operations is part of such settlement.
Local Laws; Export Control
Wearable World Inc controls and operates the Site(s) from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use the Site(s) outside the United States of America, you are responsible for following applicable local laws.
Copyright and Trademark Infringements
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, such as Wearable World Inc , being asked to remove content that allegedly violates someone’s copyright. While the DMCA itself only applies to copyrights, Wearable World Inc also extends its DMCA policy below to allegations of trademark infringement. As an online service provider under the DMCA, Wearable World Inc respects the intellectual property rights of others, and we ask you to do the same. Wearable World Inc may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site(s) for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright or trademark infringement and appears on our Site(s), please provide Wearable World Inc ’s designated agent the following information:
o A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
o Identification of the copyrighted or trademarked work claimed to have been infringed, or, if multiple works at a single online Site are covered by a single notification, a representative list of such works at that Site;
o Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Wearable World Inc to locate the material;
o Information reasonably sufficient to permit Wearable World Inc to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
o A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law; and
o A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Wearable World Inc ’s agent for notice of claims of copyright or trademark infringement on the Site(s) can be reached as follows:
Wearable World Inc
Attn: IOT Global Council
SF, CA 94111
By e-mail: firstname.lastname@example.org
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Dispute Resolution and Binding Arbitration Provision.
Definitions. As used in this Arbitration Provision, the terms “Wearable World Inc ,” “we,” “us,” and “our” refer to Wearable World Inc , Inc., including its subsidiaries and agents; the terms “you” and “your” refer to you as an individual as well as other individuals you allow to access or use the Products, and any legal entity you control, work for, or represent when you access or use the Products. The word “Products” means your access to and/or use of any Wearable World Inc website, advertisement or promotion and any product, service, or software that you obtain from or through Wearable World Inc . The word “Claims” means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Products. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.
Informal Efforts to Resolve Dispute. If a dispute arises between you and Wearable World Inc , you should first attempt to resolve it by contacting our Customer Service Center at (415 ) 741-1468 or by sending the details of your complaint, including your contact information for a response, to the address or fax number listed below. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.
Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.
There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to you on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages), and must follow the law and terms of this Agreement as a court would. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions and private attorney general actions are not permitted.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY Wearable World Inc IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT BY MAILING OR FAXING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH Wearable World Inc , AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF PRODUCTS TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the JAMS’s rules which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.
Arbitration Rules. The arbitration will be conducted by the JAMS (“JAMS”) under its rules if you are a resident of the United States; if your use of the Products has been principally for personal or household use, the JAMS’ procedures for consumer-related disputes including the minimum fairness standards will also apply. If you are a resident of a country other than the United States, the arbitration will be conducted by the JAMS in San Francisco, California, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the U.S. federal court in San Francisco, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.
The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with at least fifteen years’ experience in consumer and technology transactions and who is also a member of the JAMS roster of arbitrators. If you and we can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the JAMS will pick a neutral arbitrator who meets the qualifications. The JAMS rules are available at http://www.jamsadr.com, or by calling 1- 800 – 352- 5267 from inside the United States or +44 207 583 9808 from outside the United States.
Initiating Arbitration. To begin an arbitration proceeding, you must follow the procedures specified by the applicable JAMS rules as described on their website athttp://www.jamsadr.com.
Time Restriction. YOU MUST FILE A COMPLAINT WITH JAMS OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the JAMS that is the most convenient for you.
The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable JAMS rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). The confidentiality provisions of this Agreement will be enforceable under the provisions of the California Uniform Trade Secrets Act, California Civil Code Section 3426, as amended. At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the JAMS rules or the Federal Arbitration Act.
Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the merits of any Claim you bring against us and issues you an award that is greater in monetary value than our last written settlement offer made to you before written submissions are made to the arbitrator, then we will (i) pay you 150% of your arbitration damages award, up to $1,000 over and above your damages award; and (ii) pay your attorneys, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. If your use of the Products was principally for personal or household use, neither party will be entitled to any award of punitive or special damages and Wearable World Inc waives any right it may have to seek an award of attorneys’ fees and expenses from you in connection with any arbitration of Claims between us.
Confidentiality. You and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.
Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of your access to or use of any Products and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.
Wearable World Inc Customer Service Center Address:
Wearable World Inc , Inc.
San Francisco, California 94111
You may not assign by operation of law or otherwise your rights or obligations under this Agreement without the express written consent of Wearable World Inc , which will not unreasonably be withheld or delayed. Notwithstanding anything to the contrary in this Agreement, in no event will any such assignment result in an expansion of the scope of the license granted herein. In particular, such assignment will not create rights that did not exist prior to the assignment, nor will such assignment result in an expansion of the scope of the use of Services.
Severability, Entire Agreement, Waiver
In the event any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed from the remainder of this Agreement, and such remainder will remain in force and effect. The parties agree to replace any such invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior and/or simultaneous representations, discussions, negotiations and agreements relating to the subject matter herein, whether written or oral. The failure of Wearable World Inc to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision, which will still be available to Wearable World Inc .
No Third Party Beneficiaries
Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their successors and permitted assigns, any rights or remedies under or by reason of this Agreement.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The headquarters of Wearable World Inc is currently located at 100 Broadway, San Francisco, California 94111, United States, telephone (415 ) 741-1468. The charges for the Services are specified on the Site. If you have a complaint regarding the Services or want to request a paper copy of these Terms, please contact Wearable World Inc by writing to the address above, or by e-mail at membership@IOTGlobalCouncil.com, or by calling (415 ) 741-1468. The Consumer Information Center of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95384, or by telephone at (916) 445-1254 or (800) 952-5210.