Terms of Service
Last Updated: SEPTEMBER 20, 2017
Agreement to Terms
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
Access to Services
By using the Services, you affirm that you are at least 13 years of age. If you are aged between 13 and 17, you affirm that you have reviewed these Terms with your parent or guardian, and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. If you are under the age of 13, you shall not access the Services.
Changes to Terms or Services
Grant of a Limited License to Use the Services
Subject to your compliance with these Terms, PacyBits grants you a limited nonexclusive, nontransferable, non-sublicensable license to download and install a copy of each of the Apps on a mobile device and to run such copy solely for your own personal, noncommercial purposes. You agree not to use the Services for any other purpose. Except as expressly permitted in these Terms, you may not: (a) copy, modify, or create derivative works based on the Apps; (b) distribute, transfer, sublicense, lease, lend, or rent the Apps to any third party; (c ) reverse engineer, decompile, or disassemble the Apps; or (d) make the functionality of the Apps available to multiple users through any means. PacyBits reserves all rights in and to the Apps not expressly granted to you under these Terms.
The following restrictions apply to the use of the Services:
- You shall not create an Account or access the Services if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Services by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
- You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Services if you have previously been removed by PacyBits, or previously been banned from using any PacyBits' Apps.
- You shall use your Account only for non-commercial purposes; You shall not use the Services to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
Login information and Your Account
You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify PacyBits and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
PacyBits reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
The Services support only one Account per App on a supported device.
Any use of the Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
- Engage in any act that PacyBits deems to be in conflict with the spirit or intent of the Services or make improper use of PacyBits' support services.
- Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services, any PacyBits game or any PacyBits game experience.
- Modify or cause to be modified any files that are a part of the Services or any PacyBits game without PacyBits' express written consent.
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services or playing PacyBits' games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Services to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Services.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Services or any PacyBits game environment.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person's use or enjoyment of the Services.
- Attempt to gain unauthorized access to the Services, Accounts registered to others or to the computers, Servers, or networks connected to the Services by any means other than the user interface provided by PacyBits, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Services.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including PacyBits employees, including PacyBits' customer service representatives.
- Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a PacyBits employee.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services or any PacyBits game, or to obtain any information from the Services or any PacyBits' game using any method not expressly permitted by PacyBits.
- Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Services or any PacyBits game.
- Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Services.
PacyBits reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Services themselves. PacyBits reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Services in whole or in part.
During game play, please be aware of your surroundings and play safely. You agree that your use of the Apps and play of the game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services. You also agree not to use the Apps to violate any applicable law, rule, or regulation or the Player Guidelines, and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation or the Player Guidelines. Without limiting the foregoing, you agree that in conjunction with your use of the Apps you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not impersonate any other person or misrepresent your identity, affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, PacyBits disclaims all liability related to any property damage, personal injury, or death that may occur during your use of our Services, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more other users of the Apps, you release PacyBits (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Content and Content Rights
For purposes of these Terms: (a) “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (b) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content. Subject to your compliance with these Terms, PacyBits grants you a personal, noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable license to download, view, display, and use the Content solely in connection with your permitted use of the Services.
PacyBits does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, all right, title, and interest in and to the Services and Content, including all associated intellectual property rights, are either exclusively owned by PacyBits or its licensors, or are licensed to PacyBits and its licensors. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights Granted by You
By making any User Content available through Services, you grant to PacyBits a nonexclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by PacyBits on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. PacyBits may reject any submissions in which PacyBits believes, in its sole discretion, that the User Content is inappropriate or violates the Player Guidelines or these Terms. PacyBits further reserves the right to remove any User Content from the Services at any time and without notice and for any reason.
You may be required to create an account with us (an “Account”) to use certain features of the Services. You may be able to create an Account if you have certain pre-existing third-party accounts that we may choose to support in the future (notification of which will be provided by allowing selection of such pre-existing accounts on the relevant account-creation screen). We will create your Account by extracting from your supported pre-existing third-party account certain personal information (such as your email address) that your privacy settings on the applicable account permit us to access. It’s important that you provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
The Apps permit users to collect and trade virtual items, including but not limited to player cards and coins (“Trading Items”) during gameplay. Trading Items are obtained at no additional charge during gameplay. Trading Items are a category of Content, and PacyBits grants you a limited, nontransferable, non-sublicensable, revocable license to use such Trading Items in conjunction with your personal, noncommercial use of the Services. You acknowledge that you do not acquire any ownership rights in or to Trading Items and that Trading Items do not have monetary value. Trading Items may be traded with other users for other Trading Items, but Trading Items can never be sold, transferred, or exchanged for “real” goods, “real” money, or “real” services, or any other compensation or consideration from us or anyone else.
You also agree that you will only obtain Trading Items from other users and through means provided by us, and not from or through any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. We may cancel any Trading Items sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your access to the Services and/or your Account. As set forth below, all Trading Items and other Content are provided “as is,” without any warranty.
In-game Virtual Currency and Virtual Items
The Services may include an opportunity for you to earn or otherwise obtain in-game currency ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Virtual Currency are at PacyBits’ sole discretion. Virtual Currency and Virtual Items are obtained at no additional charge during gameplay, are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services. Virtual Currency and Virtual Items are a category of Content, and PacyBits grants you a limited, nontransferable, non-sublicensable, revocable license to use such Virtual Currency and Virtual Items in conjunction with your personal, noncommercial use of the Services. You acknowledge that you do not acquire any ownership rights in or to Virtual Currency and Virtual Items, that Virtual Currency and Virtual Items do not have monetary value, and that they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. PacyBits has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. PacyBits has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. PacyBits reserves the right, in its sole discretion and without prior notification, to change or limit the value, availability, quantity or methods to obtain any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.You also agree that you will only obtain Virtual Currency or Virtual Items through means provided by us, and not from or through any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. We may cancel any Virtual Currency or Virtual Items sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your access to the Services and/or your Account. As set forth below, all Virtual Currency or Virtual Items and other Content are provided “as is,” without any warranty.
Effect of Termination on Trading Items, Virtual Currency, and Virtual Items
We may cancel, suspend, or terminate your Account and your access to your Trading Items, Virtual Currency, Virtual Items, the Content, or the Services, in our sole discretion and without prior notice, including if (a) your Account is inactive (i.e., not used or logged into) for one year; (b) you fail to comply with these Terms; (c ) we suspect fraud or misuse by you of Trading Items, Virtual Currency, Virtual Items, or other Content; (d) we suspect any other unlawful activity associated with your Account; or (e) we are acting to protect the Services, our systems, the Apps, any of our users, or the reputation of PacyBits. We have no obligation or responsibility to, and will not reimburse or refund, you for any Trading Items, Virtual Currency and/or Virtual Items lost due to such cancellation, suspension, or termination. You acknowledge that PacyBits is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Trading Items, Virtual Currency and/or Virtual Items when your Account is closed, whether such closure was voluntary or involuntary.
We have the right to offer, modify, eliminate, and/or terminate Trading Items, Virtual Currency, Virtual Items, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you.
Conduct, General Prohibitions, and PacyBits’ Enforcement Rights
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. Please refer to our Player Guidelines for information about examples of the kinds of conduct and User Content that are prohibited while using the Services. By way of example, and not as a limitation, you agree that when using the Services and Content, you will not:
defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive Content or message;
promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
impersonate or misrepresent your affiliation with another person or entity;
promote or provide instructional information about illegal or harmful activities or substances;
promote or engage in physical harm, violence, or injury against any group or individual;
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals;
post, upload, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
use, display, mirror, or frame the Services or any individual element within the Services, PacyBits’ name, any PacyBits trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without PacyBits’ express written consent;
access, tamper with, or use nonpublic areas of the Services, PacyBits’ computer systems, or the technical delivery systems of PacyBits’ providers;
attempt to probe, scan, or test the vulnerability of any PacyBits’ system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PacyBits or any of PacyBits’ providers or any other third party (including another user) to protect the Services or Content;
attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by PacyBits or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
extract, scrape, index, copy, or mirror the Services or Content or portions thereof (including but not limited to the cards database and other information about users or gameplay);
use any meta tags or other hidden text or metadata utilizing a PacyBits trademark, logo, URL, or product name without PacyBits’ express written consent;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Services or PacyBits’ infrastructure;
delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms, including but not limited to (a) gathering in Apps items or resources for sale outside the Apps, (b) performing services in the Apps in exchange for payment outside the Apps, or (c ) sell, resell, rent, or lease the Apps or your Account;
collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services and/or PacyBits games. PacyBits reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with PacyBits to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting PacyBits access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by reaching out to us on Facebook, Twitter, Instagram or email at email@example.com. You grant to us a nonexclusive, worldwide, perpetual, irrevocable, fully paid, royalty free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
Links to Third Party Websites or Resources
The Services and Apps may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may stop your access to and use of the Apps at any time by uninstalling them from your device(s). You may terminate your Account at any time. Upon any termination, discontinuation, or cancellation of Services or your Account, the following provisions of these Terms will survive: Content Ownership; Rights Granted by You; Effect of Termination on Trading Items, Virtual Currency, and Virtual Items; Feedback; Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute Resolution; General Terms; and this sentence of Termination.
Disclaimer of Warranties
YOUR USE OF THE APPS AND SERVICES ARE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, PACYBITS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PacyBits make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error -free basis, and we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT PACYBITS DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. PACYBITS MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You will indemnify and hold harmless PacyBits and their respective officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Content, (b) your User Content, or (c ) your violation of these Terms.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PACYBITS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PACYBITS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
In no event will the total liability of PacyBits arising out of or in connection with these terms or from the use of or inability to use the services or content exceed ten dollars ($10). The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between PacyBits and you.
These Terms and any action related thereto will be governed by the laws of the State of Michigan without regard to its conflict of laws provisions.
You and PacyBits agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration. To the fullest extent permitted by law: (a) no arbitration under these Terms shall be joined to any other arbitration; (b) no class arbitration proceedings shall be permitted; (c) no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and PacyBits); (d) you and PacyBits are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and PacyBits otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org) A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules within SIXTY (60) days after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period (if applicable law prohibits a sixty day limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of sixty days that is permitted by applicable law). Both parties will be responsible for their respective arbitration fees. This “Dispute Resolution” section will survive any termination of these Terms.
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if PacyBits changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of PacyBits’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and PacyBits in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms and any action related thereto will be governed by the laws of the State of Michigan without regard to its conflict of laws provisions. These Terms constitute the entire and exclusive understanding and agreement between PacyBits and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PacyBits and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without PacyBits’ prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. PacyBits may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by PacyBits under these Terms, including those regarding modifications to these Terms, will be given: (a) via email, or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
PacyBits’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PacyBits. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact PacyBits at email@example.com.