Haiku Terms of Service
Acceptance of the Terms of Service
These terms of service are entered into by and between You and Haiku, Inc., a Delaware corporation (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access, browsing, or use of the Company’s websites, platform, and products, through Company’s websites or otherwise, including downloadable applications, mobile applications, software, websites or other properties owned or operated by Company or by registering for a Company account (collectively, the “Services”). The Company operates various websites including without limitation haikuinc.io, www.haikurange.com, www.haikurange.cloud, worldofhaiku.com, haikupro.com, and haikucentral.com (any of the foregoing, and any other website operated by us or through which these Terms of Service are accessible, the “Website”). An individual Service may also be governed by a separate End User License Agreement (a “EULA”) that you are required to agree to prior to using such Service. In the event of any conflict between any such EULA and these Terms of Service, the EULA shall control.
This Services are offered and available to users who are 13 years of age or older. If you are between the age of 13 and 18 years old, your legal guardian has reviewed and agrees to these terms and is granting you permission to use the Services.
NOTICE TO PARENTS/GUARDIANS: By granting your child permission to use the Services, you agree to these Terms of Service on behalf of yourself and your child. You are responsible for monitoring and supervising your child's use of the Services.
The Services are based in the state of Nevada in the United States and are intended for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
Changes to the Terms of Service
We reserve the right revise and update these Terms of Service from time to time in our sole discretion. When we do, we will provide you with notice by posting a notice on the Website, by sending you an email, or by any other means we reasonably deem appropriate. All changes are effective immediately when we post, send, or otherwise transmit notice thereof, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Arbitration sections below will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.
Your use the Services may require you to register for a user account to access certain features or content. In order to create an account, you must complete the registration process by providing us with current, complete, and accurate information required by the registration form. Your use of the account to access the Services is subject to all of the Terms of Service and any applicable EULA. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services to users, including registered users.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service or any applicable EULA.
Suspension and Termination of the Services
We reserve the right to suspend or terminate your access to the Services at any time in our sole discretion if a) you are in breach of these Terms of Service or any other agreement with the Company, including any applicable EULA; or b) your use of the Services could cause a risk of harm or loss to Company or our other users. When reasonable and as permitted by law, Company will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to Company’s decision. We will not be able to provide this advance notice if you are in material breach of these Terms of Service or any applicable EULA, or if such notice could lead to civil or criminal liability for Company, or if providing notice could compromise our ability to provide the Services to our other users. For the avoidance of doubt, Company may still make a determination that it does not want to continue offering you access to the Service at any time for any or no reason.
You understand that if your account is suspended or terminated, you may no longer have access to the content that is stored on or in connection with the Services.
Upon termination you may request access to your content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms of Service or the Content Standards contained herein or any applicable EULA. You must make such request within fourteen (14) days following termination; otherwise, any content you have stored with the Services may not be retrievable and we will have no obligation to maintain content stored in your account after this fourteen (14) day period.
YOU ACKNOWLEDGE AND AGREE THE YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF THE COMPANY’S SERVICES. THE COMPANY MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON WITH OR WITHOUT NOTICE TO YOU.
Consent to Electronic Communications and Solicitation
By registering with Company or signing up for Services, you understand and consent to us sending you (including via email) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; (c) administrative messages and other information; and (d) advertising, marketing, and other materials regarding Company’s products and services. Please review your settings in your account to control the messages you receive from us or you may choose to opt-out of receiving advertising and marketing materials by unsubscribing from such communications by following the instructions in the message.
Notices emailed to you will be considered given and received when the email is sent. If you do not consent to receive notices (other than advertising and marketing materials, which you may opt out of by clicking “Unsubscribe”) electronically, you must stop using the Services.
Fees for any specific Services will be as set forth in a separate EULA for such Service.
Company Proprietary Rights
The entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) of the Services are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to any additional applicable EULA, these Terms of Service permit you to use the Services for your personal, non-commercial use only. You must not copy, reproduce, distribute, modify, adapt, translate, create derivative works of or improvements to, publicly display, publicly perform, republish, download, store, or transmit any of the material made available to you through the Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our EULA for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials made available through the Services.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Remove, delete, alter, or obscure any copyright, trademark, or other proprietary rights notices from copies of materials made available through the Services.
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of any part of the Service.
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any part of the Service, or any features or functionality thereof, to any third party for any reason, including without limitation by making any part of the Service available on a network where it is capable of being accessed by more than one device at any time, or by providing your login credentials for the Service to any third party.
- Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting any part of the Services.
- Harvest, collect, or store information about the Company’s users or use such information for any purpose.
- Except as expressly permitted by an applicable EULA, you must not access or use any part of the Services for any commercial purpose.
- Attempt to breach or hack the services ranges or any other parts of the Haiku products or Services, including the cloud hypervisor, Haiku product databases, etc.
- When using Haiku product cloud-based services, use or attempt to use hacking tools or any network tools outside of the specific cloud instance provided by Haiku in connection with such tools.
If you breach any part of the Terms of Service or any applicable EULA, the Company may revoke your right to use the Services immediately and in such event you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to any Service or any content thereon is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Services not expressly permitted by these Terms of Service or an applicable EULA is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
All trademarks, service marks and logos included on the Services (“Marks”) are the property of Company or third parties, and you may not use such Marks without the express, prior written consent of Company or the applicable third party
You may use the Services only for lawful purposes and in accordance with these Terms of Service and any applicable EULA. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in the Content Standards section of these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Company or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Engage in any conduct that could restrict, inhibit, disable, overburden, damage, or otherwise impair the Services or interfere with any other party’s use of the Services, regardless of intent, purpose, or knowledge.
- Use any manual or automated software, device, script, robot, spider, or other automatic device, process, or means, to access, “scrape,” “crawl,” or “spider” the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Transmit or distribute material that may be harmful to or interfere with any part of the Service or any third-party’s networks, systems, services, or websites (such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, overburden, or limit the functionality of any computer software or hardware or telecommunications equipment)
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, any server on which the Services are stored or hosted, or any server, computer, or database connected to any of the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Use any part of the Services for purposes of competitive analysis thereof, the development of a competing product or service, or any other purpose that is to the Company’s commercial disadvantage.
- Use any part of the Services in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including without limitation any systems designed to circumvent any security features of or to gain unauthorized access to any computer system or any restricted information.
- Otherwise attempt to interfere with the proper working of the Services.
Aspects of the Services, including the Website, may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) through the Services.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you post through the Services will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, violates any applicable EULA, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service or any applicable EULA.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials through the Services. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted through the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, scandalous, profane, indecent, abusive, offensive, threatening, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We respect the intellectual property of others and asks that users of the Services do the same. In connection with the Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through use of the Services, unlawfully infringing your copyrights in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our Designated Copyright Agent:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed;
- identification of the copyrighted works that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The Designated Copyright Agent for Company is:
Reliance on Information Posted
The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor or user of the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Updates to the Services
We may make necessary deployments of changes, updates or enhancements to the Services at any time. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether. We will have no liability for any suspension or cessation of any Service except as may be set forth in an applicable EULA.
Linking to the Company’s Websites and Social Media Features
You may link to the homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
Certain Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content made available through the Services.
- Send emails or other communications with certain content, or links to certain content, through the Services.
- Cause limited portions of content on certain Services to be displayed or appear to be displayed on your own or certain third-party websites (e.g. the provision of badges that you may display on your personal LinkedIn account).
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Services or portions thereof to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
- Link to any part of the Services other than the Website homepage.
- Otherwise take any action with respect to the materials made available through the Services that is inconsistent with any other provision of these Terms of Service or any applicable EULA.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or through the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS MAY BE CONTAINED IN AN APPLICABLE EULA. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVERS THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES MEET YOUR NEEDS OR EXPECTATIONS, INCLUDING WITHOUT LIMITATION ANY OF YOUR EXPECTATIONS REGARDING WHETHER AND HOW A SERVICE MAY RELATE TO PREPARATION FOR ANY PROFESSIONAL CREDENTIAL, CERTIFICATE, PROGRAM, OR THE LIKE, OR ANY JOB OR CAREER.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or any applicable EULA or your use of the Services, including, but not limited to, your User Contributions, any use of the content, services, and products made available through the Services other than as expressly authorized in these Terms of Service or any applicable EULA, and your use of any information obtained from the Services.
All matters relating to the Services and these Terms of Service and any applicable EULA, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction) and the Federal Arbitration Act.
You and Company agree that any dispute arising out of or related to the Terms of Service, any EULA, the Services, your use of the Services, and/or any goods or services purchased from Company or otherwise through or in connection with the Services will be exclusively resolved through binding arbitration pursuant to the then-current rules of JAMS before a single neutral arbitrator working under the auspices of JAMS. The arbitration shall be held in Henderson, Nevada, or, if this location is not available pursuant to JAMS, the arbitration shall be held in Las Vegas, Nevada. The arbitrator’s award may be entered in any court of competent jurisdiction.
THERE IS NO JUDGE OR JURY IN ARBITRATION. BY USING THE WEBSITE OR THE OTHER SERVICES, AND AGREEING TO THESE TERMS OF SERVICE AND ANY APPLICABLE EULA, YOU ARE GIVING UP YOUR RIGHT TO HAVE ANY DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY. Further, court review of any arbitration award is limited.
Notwithstanding any provision in these Terms of Service to the contrary, the prevailing party, as determined by the arbitrator, shall be entitled to recover his, her, or its reasonable attorneys’ fees and costs and expenses incurred in connection with the arbitration.
YOU AGREE THAT ANY ARBITRATION WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. IN NO EVENT MAY ANY SUCH ARBITRATION BE BROUGHT ON BEHALF OF A CLASS OR IN ANY OTHER CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor Company are entitled to arbitration.
Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, ANY EULA, OR ANY OF THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability and Interpretation
No waiver by Company of any term or condition set out in these Terms of Service or any applicable EULA shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Service or any applicable EULA shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service or any applicable EULA is held by an arbitrator or by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service or any applicable EULA will continue in full force and effect.
Words (including defined terms, including Service and the Services) in the singular form must be construed to include the plural and vice versa, unless the context otherwise requires.
Your Comments and Concerns
The Services are operated by Haiku, Inc.
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: email@example.com or Haiku Inc., 1452 W Horizon Ridge Pkwy #226, Henderson, NV 89012.