Terms
of Use
Effective
date: April 20, 2024
Welcome to Ledabox. Please read on to
learn the rules and restrictions that govern your use of our website(s),
products, services and applications (the “Services”), including, without
limitation, any request to receive information above, or to purchase any of the
products made available through our website(s) (each, a “Product”). Your
purchase of any Products will also be governed by any other terms made
available by us to you during the sale process. If you have any questions,
comments, or concerns regarding these terms or the Services, please contact us
at:
Email: help@ledabox.shop
Phone: + 1
(408) 753-6536
Address: 1346 The Alameda Suite 7 #304, San Jose,
California 95126
These
Terms of Use (the “Terms”) are a binding contract between you and Ledabox.
(“Ledabox”, “we” and “us”). Your use of the Services in any way means that you
agree to all of these Terms, and these Terms will remain in effect while you
use the Services. These Terms include the provisions in this document as well
as those in the Privacy Policy. Your use
of or participation in certain Services may also be subject to additional
policies, rules and/or conditions (“Additional Terms”), which are incorporated
herein by reference, and you understand and agree that by using or
participating in any such Services, you agree to also comply with these
Additional Terms.
Please
read these Terms carefully. They cover important information about
Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes
to these Terms, limitations of liability, a
class action waiver and resolution of disputes by arbitration instead of in
court. PLEASE NOTE
THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS;
IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE
SERVICES IN ANY MANNER.
ARBITRATION
NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES
DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE
THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL
ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT
OR CLASS-WIDE ARBITRATION.
We are constantly trying to improve our
Products and Services, so these Terms may need to change along with our Products
and Services. We reserve the right to change the Terms at any time, but if we
do, we will place a notice on our site located at www.ledabox.shop, send you an
email, and/or notify you by some other means.
If you don’t agree with the new Terms,
you are free to reject them; unfortunately, that means you will no longer be
able to use the Services. If you use the Services in any way after a change to
the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described
here, no other amendment or modification of these Terms will be effective
unless in writing and signed by both you and us.
Ledabox takes the privacy of its users
very seriously. For the current Ledabox Privacy Policy, please click here.
Children’s
Online Privacy Protection Act
The Children’s Online Privacy
Protection Act (“COPPA”) requires that online service providers obtain parental
consent before they knowingly collect personally identifiable information
online from children who are under 13 years of age. We do not knowingly collect
or solicit personally identifiable information from children under 13 years of
age; if you are a child under 13 years of age, please do not attempt to
register for or otherwise use the Services or send us any personal information.
If we learn we have collected personal information from a child under 13 years
of age, we will delete that information as quickly as possible. If you believe
that a child under 13 years of age may have provided us personal information,
please contact us at help@ledabox.shop.
You may be required to sign up for an
account, select a password and user name (“Ledabox User ID”), and provide us
with certain information or data, such as your contact information. You promise
to provide us with accurate, complete, and updated registration information
about yourself. You may not select as your Ledabox User ID a name that you do
not have the right to use, or another person’s name with the intent to
impersonate that person. You may not transfer your account to anyone else
without our prior written permission.
Additionally, you may be able to access
certain parts or features of the Services by using your account credentials
from other services (each, a “Third Party Account”), such as those offered by
Google, Facebook and Apple. By using the Services through a Third Party
Account, you permit us to access certain information from such account for use
by the Services. You are ultimately in control of how much information is
accessible to us and may exercise such control by adjusting your privacy
settings on your Third Party Account.
You represent and warrant that you are
an individual of legal age to form a binding contract (or if not, you’ve
received your parent’s or guardian’s permission to use the Services and have
gotten your parent or guardian to agree to these Terms on your behalf). If
you’re agreeing to these Terms on behalf of an organization or entity, you
represent and warrant that you are authorized to agree to these Terms on that
organization’s or entity’s behalf and bind them to these Terms (in which case,
the references to “you” and “your” in these Terms, except for in this sentence,
refer to that organization or entity).
You will only use the Services and
Products you obtain for your own internal, personal, non-commercial use, and
not on behalf of or for the benefit of any third party, and only in a manner
that complies with all laws that apply to you. If your use of the Services or
Products is prohibited by applicable laws, then you aren’t authorized to use
the Services. We can’t and won’t be responsible for your using the Services or
Products in a way that breaks the law.
You will not share your Ledabox User
ID, account or password with anyone, and you must protect the security of your Ledabox
User ID, account, password and any other access tools or credentials. You’re
responsible for any activity associated with your Ledabox User ID and account.
As part of the Services, you may receive communications through the
Services, including messages that Ledabox sends you (for example, via email or
SMS). When signing up for the Services, you will receive a welcome message and
instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless
number, you confirm that you want Ledabox to send you information regarding
your account or transactions with us, which may include Ledabox using automated
dialing technology to text you at the wireless number you provided, and you
agree to receive communications from Ledabox, and you represent and warrant
that each person you register for the Services or for whom you provide a
wireless phone number has consented to receive communications from Ledabox.
You agree to indemnify and hold Ledabox harmless from and against any and all
claims, liabilities, damages (actual and consequential), losses and expenses
(including attorneys’ fees) arising from or in any way related to your breach
of the foregoing.
You represent, warrant, and agree that
you will not provide or contribute anything, including any Content (as that
term is defined below), to the Services, or otherwise use or interact with the
Services, in a manner that:
(a)
infringes or violates the intellectual property rights or
any other rights of anyone else (including Ledabox);
(b)
violates any law or regulation, including, without
limitation, any applicable export control laws, privacy laws or any other
purpose not reasonably intended by Ledabox;
(c)
is dangerous, harmful, fraudulent, deceptive, threatening,
harassing, defamatory, obscene, or otherwise objectionable;
(d)
jeopardizes the security of your Ledabox User ID, account or
anyone else’s (such as allowing someone else to log in to the Services as you);
(e)
attempts, in any manner, to obtain the password, account, or
other security information from any other user;
(f)
violates the security of any computer network, or cracks any
passwords or security encryption codes;
(g)
runs Maillist, Listserv, any form of auto-responder or
“spam” on the Services, or any processes that run or are activated while you
are not logged into the Services, or that otherwise interfere with the proper
working of the Services (including by placing an unreasonable load on the
Services’ infrastructure);
(h)
“crawls,” “scrapes,” or “spiders” any page, data, or portion
of or relating to the Services or Content (through use of manual or automated
means);
(i)
copies or stores any significant portion of the Content; or
(j)
decompiles, reverse engineers, or otherwise attempts to
obtain the source code or underlying ideas or information of or relating to the
Products or Services.
A violation of any of the foregoing is
grounds for termination of your right to use or access the Services.
The materials displayed or performed or
available on or through the Services, including, but not limited to, text,
graphics, data, articles, photos, images, illustrations and so forth (all of
the foregoing, the “Content”) are protected by copyright and/or other
intellectual property laws. You promise to abide by all copyright notices,
trademark rules, information, and restrictions contained in any Content you
access through the Services, and you won’t use, copy, reproduce, modify,
translate, publish, broadcast, transmit, distribute, perform, upload, display,
license, sell, commercialize or otherwise exploit for any purpose any Content
not owned by you, (i) without the prior consent of the owner of that Content or
(ii) in a way that violates someone else’s (including Ledabox's) rights.
Subject to these Terms, we grant each
user of the Services a worldwide, non-exclusive, non-sublicensable and
non-transferable license to use (i.e., to download and display locally) Content
solely for purposes of using the Services. Use, reproduction, modification,
distribution or storage of any Content for any purpose other than using the
Services is expressly prohibited without prior written permission from us. You
understand that Ledabox owns the Services. You won’t modify, publish, transmit,
participate in the transfer or sale of, reproduce (except as expressly provided
in this Section), create derivative works based on, or otherwise exploit any of
the Services. The Services may allow you to copy or download certain Content,
but please remember that even where these functionalities exist, all the
restrictions in this section still apply.
Any information or Content publicly
posted or privately transmitted through the Services is the sole responsibility
of the person from whom such Content originated, and you access all such
information and Content at your own risk, and we aren’t liable for any errors
or omissions in that information or Content or for any damages or loss you
might suffer in connection with it. We cannot control and have no duty to take
any action regarding how you may interpret and use the Content or what actions
you may take as a result of having been exposed to the Content, and you hereby
release us from all liability for you having acquired or not acquired Content
through the Services. We can’t guarantee the identity of any users with whom
you interact in using the Services and are not responsible for which users gain
access to the Services.
You are responsible for all Content you
contribute, in any manner, to the Services, and you represent and warrant you
have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party
websites or services that are not owned or controlled by Ledabox. When you
access third-party websites or use third-party services, you accept that there
are risks in doing so, and that Ledabox is not responsible for such risks.
Ledabox has no control over, and assumes no responsibility
for, the content, accuracy, privacy policies, or practices of or opinions
expressed in any third-party websites or by any third party that you interact
with through the Services. In addition, Ledabox will not and cannot monitor,
verify, censor or edit the content of any third-party site or service. We
encourage you to be aware when you leave the Services and to read the terms and
conditions and privacy policy of each third-party website or service that you
visit or utilize. By using the Services, you release and hold us harmless from
any and all liability arising from your use of any third-party website or
service.
Your interactions with organizations and/or individuals found
on or through the Services, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such organizations
and/or individuals. You should make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline transaction with
any of these third parties. You agree that Ledabox shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings.
If there is a dispute between participants on this site or
Services, or between users and any third party, you agree that Ledabox is under
no obligation to become involved. In the event that you have a dispute with one
or more other users, you release Ledabox, its directors, officers, employees,
agents, and successors from claims, demands, and damages of every kind or
nature, known or unknown, suspected or unsuspected, disclosed or undisclosed,
arising out of or in any way related to such disputes and/or our Services. You
shall and hereby do waive California Civil Code Section 1542 or any similar law
of any jurisdiction, which says in substance: “A general release does not
extend to claims that the creditor or releasing party does not know or suspect
to exist in his or her favor at the time of executing the release and that, if
known by him or her, would have materially affected his or her settlement with
the debtor or released party.”
We’re always trying to improve our Products
and Services, so they may change over time. We may suspend or discontinue any
part of the Services, or we may introduce new features or impose limits on
certain features or restrict access to parts or all of the Services. We’ll try
to give you notice when we make a material change to the Services that would
adversely affect you, but this isn’t always practical. We reserve the right to
remove any Content from the Services at any time, for any reason (including,
but not limited to, if someone alleges you contributed that Content in
violation of these Terms), in our sole discretion, and without notice.
Products
You may choose to purchase Products
through the www.ledabox.shop website and the price will be determined based on
the Product you select. Once you select one or more Products, all applicable
prices will be set forth in your Ledabox account. Ledabox may limit or cancel
quantities of Products purchased, and it reserves the right to refuse any
order. In the event Ledabox needs to make a change to an order, it will attempt
to notify you by contacting the email address, billing address, and/or phone
number provided at the time the order was made. The prices displayed are quoted
in U.S. currency and are valid only in the United States. Prices are subject to
change at any time. Sales and consumption tax will be determined by the
shipping address of the order and will automatically be added to the order. Ledabox
is required by law to apply foreign and domestic sales and consumption tax to
orders to certain states. Purchased Products will be shipped to the shipping
address of the order. Information about our shipping rates and return policy
can all be found on our Frequently
Asked Questions page. Any payment
terms presented to you in the process of purchasing Products are deemed part of
these Terms.
Services
The Services may be free or we may
charge a fee for using the Services. If you are using a free version of the
Services, we will notify you before any Services you are then using begin
carrying a fee, and if you wish to continue using such Services, you must pay
all applicable fees for such Services. Note that if you elect to receive text
messages through the Services, data and message rates may apply. Any and all
such charges, fees or costs are your sole responsibility. You should consult
with your wireless carrier to determine what rates, charges, fees or costs may
apply to your use of the Services.
a.
Paid Services. Certain of our Services may be
subject to payments now or in the future (the “Paid Services”). Please see our
Paid Services page for a
description of the current Paid Services. Please note that any payment terms
presented to you in the process of using or signing up for a Paid Service are
deemed part of these Terms.
b.
Billing. We use a third-party payment processor (the “Payment
Processor”) to bill you through a payment account linked to your account on the
Services (your “Billing Account”) for use of the Paid Services or purchase of
the Products. The processing of payments will be subject to the terms,
conditions and privacy policies of the Payment Processor in addition to these
Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access
Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their
Privacy Policy at https://stripe.com/us/privacy. We are not
responsible for any error by, or other acts or omissions of, the Payment
Processor. By choosing to use Paid Services or purchase Products, you agree to
pay us, through the Payment Processor, all charges at the prices then in effect
for any use of such Paid Services or Products in accordance with the applicable
payment terms, and you authorize us, through the Payment Processor, to charge
your chosen payment provider (your “Payment Method”). You agree to make payment
using that selected Payment Method. We reserve the right to correct any errors
or mistakes that the Payment Processor makes even if it has already requested
or received payment.
c.
Payment Method. The terms of your payment will be
based on your Payment Method and may be determined by agreements between you
and the financial institution, credit card issuer or other provider of your
chosen Payment Method. If we, through the Payment Processor, do not receive
payment from you, you agree to pay all amounts due on your Billing Account upon
demand.
d.
Current Information Required. YOU MUST
PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT.
YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT,
COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER,
OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT
PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF
YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED
DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION
CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING
INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID
SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID
SERVICES AS SET FORTH ABOVE.
e.
Change in Amount Authorized. If the amount
to be charged to your Billing Account varies from the amount you preauthorized
(other than due to the imposition or change in the amount of state sales
taxes), you have the right to receive, and we shall provide, notice of the
amount to be charged and the date of the charge before the scheduled date of
the transaction. Any agreement you have with your payment provider will govern
your use of your Payment Method. You agree that we may accumulate charges
incurred and submit them as one or more aggregate charges during or at the end
of each billing cycle.
f.
Free Trials and Other Promotions. Any free
trial or other promotion that provides access to a Paid Service or free or
discounted Products must be used within the specified time of the trial. You
must stop using a Paid Service before the end of the trial period in order to
avoid being charged for that Paid Service. If you cancel prior to the end of
the trial period and are inadvertently charged for a Paid Service, please
contact us at help@ledabox.shop.
You’re free to do that at any time by
contacting us at help@ledabox.shop; please refer to our Privacy Policy, as well as
the licenses above, to understand how we treat information you provide to us
after you have stopped using our Services.
Ledabox is also free to terminate (or
suspend access to) your use of the Services or your account for any reason in
our discretion, including your breach of these Terms. Ledabox has the sole
right to decide whether you are in violation of any of the restrictions set
forth in these Terms.
Account termination may result in
destruction of any Content associated with your account, so keep that in mind
before you decide to terminate your account.
If you have deleted your account by
mistake, contact us immediately at help@ledabox.shop – we will try to help, but
unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature,
should survive termination of these Terms shall survive termination. By way of
example, all of the following will survive termination: any obligation you have
to pay us or indemnify us, any limitations on our liability, any terms
regarding ownership or intellectual property rights, and terms regarding
disputes between us, including without limitation the arbitration agreement.
From time to time Ledabox may offer
rewards or incentives for referring others to the Services. For details of any
current referral offers, please see our referral page.
Warranty
Disclaimer. Ledabox and its licensors, suppliers, partners, parent,
subsidiaries or affiliated entities, and each of their respective officers,
directors, members, employees, consultants, contract employees, representatives
and agents, and each of their respective successors and assigns (Ledabox and
all such parties together, the “Ledabox Parties”) make no representations or
warranties concerning the Services, including without limitation regarding any
Content contained in or accessed through the Services or any Products, and the Ledabox
Parties will not be responsible or liable for the accuracy, copyright
compliance, legality, or decency of material contained in or accessed through
the Services or any claims, actions, suits procedures, costs, expenses, damages
or liabilities arising out of use of, or in any way related to your
participation in, the Services including, without limitation, any Products.
Products and services purchased or offered (whether or not following such
recommendations and suggestions) through the Services are provided “AS-IS” and
without any warranty of any kind from the Ledabox Parties or others (unless,
with respect to such others only, provided expressly and unambiguously in
writing by a designated third party for a specific product). The Ledabox
Parties make no representations or warranties regarding suggestions or
recommendations of services or products offered or purchased through or in
connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY LEDABOX (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT
LIABILITY, OR OTHERWISE) SHALL ANY OF THE LEDABOX
PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES
FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK
STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY
SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN
EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS
PAID AND/OR PAYABLE BY YOU TO LEDABOX IN CONNECTION
WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE
CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER
DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the
fullest extent allowed by applicable law, you agree to indemnify and hold the Ledabox
Parties harmless from and against any and all claims, liabilities, damages
(actual and consequential), losses and expenses (including attorneys’ fees)
arising from or in any way related to any claims relating to (a) your use of
the Services (including any actions taken by a third party using your account)
and any Products, and (b) your violation of these Terms. In the event of such a
claim, suit, or action (“Claim”), we will attempt to provide notice of the
Claim to the contact information we have for your account (provided that
failure to deliver such notice shall not eliminate or reduce your
indemnification obligations hereunder).
Assignment. You may not
assign, delegate or transfer these Terms or your rights or obligations
hereunder, or your Services account, in any way (by operation of law or
otherwise) without Ledabox's prior written consent. We may transfer, assign, or
delegate these Terms and our rights and obligations without consent.
Choice
of Law.
These Terms are governed by and will be construed under the Federal Arbitration
Act, applicable federal law, and the laws of the State of California, without
regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the
following ARBITRATION AGREEMENT carefully because it requires you to arbitrate
certain disputes and claims with Ledabox and limits the manner in which you can
seek relief from Ledabox. Both you and Ledabox acknowledge and agree that for
the purposes of any dispute arising out of or relating to the subject matter of
these Terms, Ledabox's officers, directors, employees and independent
contractors (“Personnel”) are third-party beneficiaries of these Terms, and
that upon your acceptance of these Terms, Personnel will have the right (and
will be deemed to have accepted the right) to enforce these Terms against you
as the third-party beneficiary hereof.
(a)
Arbitration Rules; Applicability of Arbitration Agreement. The parties
shall use their best efforts to settle any dispute, claim, question, or
disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall
be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it
shall be finally settled by binding arbitration in Santa Clara County. The
arbitration will proceed in the English language, in accordance with the JAMS
Streamlined Arbitration
Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator
with substantial experience in resolving intellectual property and commercial
contract disputes. The arbitrator shall be selected from the appropriate list
of JAMS arbitrators in accordance with such Rules. Judgment upon the award
rendered by such arbitrator may be entered in any court of competent
jurisdiction.
(b) Costs of
Arbitration. The Rules will govern payment of all arbitration fees. Ledabox
will pay all arbitration fees for claims less than seventy-five thousand
($75,000) dollars. Ledabox will not seek its attorneys’ fees and costs in
arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court;
Infringement. Either you or Ledabox may assert claims, if they qualify, in
small claims court in Santa Clara County or any United States county where you
live or work. Furthermore, notwithstanding the foregoing obligation to
arbitrate disputes, each party shall have the right to pursue injunctive or
other equitable relief at any time, from any 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.
(d) Waiver
of Jury Trial. YOU AND LEDABOX WAIVE ANY
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF
A JUDGE OR JURY. You and Ledabox are instead choosing to have claims and
disputes resolved by arbitration. Arbitration procedures are typically more
limited, more efficient, and less costly than rules applicable in court and are
subject to very limited review by a court. In any litigation between you and Ledabox
over whether to vacate or enforce an arbitration award, YOU AND LEDABOX WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have
the dispute be resolved by a judge.
(e) Waiver
of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE
OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL
BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT
BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER
CUSTOMER OR USER. If however, this waiver of class or consolidated actions is
deemed invalid or unenforceable, neither you nor Ledabox is entitled to
arbitration; instead all claims and disputes will be resolved in a court as set
forth in (g) below.
(f) Opt-out.
You have the right to opt out of the provisions of this Section by sending
written notice of your decision to opt out to the following address: 1346 The
Alameda Suite 7 #227, San Jose, California 95126 postmarked within thirty (30)
days of first accepting these Terms. You must include (i) your name and
residence address, (ii) the email address and/or telephone number associated
with your account, and (iii) a clear statement that you want to opt out of
these Terms’ arbitration agreement.
(g) Exclusive
Venue. If you send the opt-out notice in (f), and/or in any circumstances
where the foregoing arbitration agreement permits either you or Ledabox to
litigate any dispute arising out of or relating to the subject matter of these
Terms in court, then the foregoing arbitration agreement will not apply to
either party, and both you and Ledabox agree that any judicial proceeding
(other than small claims actions) will be brought in the state or federal
courts located
in, respectively, Santa Clara County, or the federal district in which that
county falls.
(h) Severability.
If the prohibition against class actions and other claims brought on behalf of
third parties contained above is found to be unenforceable, then all of the
preceding language in this Arbitration Agreement section will be null and void.
This arbitration agreement will survive the termination of your relationship
with Ledabox.
Miscellaneous. You will be
responsible for paying, withholding, filing, and reporting all taxes, duties,
and other governmental assessments associated with your activity in connection
with the Services, provided that the Ledabox may, in its sole discretion, do
any of the foregoing on your behalf or for itself as it sees fit. The failure of
either you or us to exercise, in any way, any right herein shall not be deemed
a waiver of any further rights hereunder. If any provision of these Terms are
found to be unenforceable or invalid, that provision will be limited or
eliminated, to the minimum extent necessary, so that these Terms shall
otherwise remain in full force and effect and enforceable. You and Ledabox
agree that these Terms are the complete and exclusive statement of the mutual
understanding between you and Ledabox, and that these Terms supersede and
cancel all previous written and oral agreements, communications and other
understandings relating to the subject matter of these Terms. You hereby
acknowledge and agree that you are not an employee, agent, partner, or joint
venture of Ledabox, and you do not have any authority of any kind to bind Ledabox
in any respect whatsoever.
Except as expressly set
forth in the section above regarding the arbitration agreement, you and Ledabox
agree there are no third-party beneficiaries intended under these Terms.