Terms And Conditions of Use
THIS SERVICE INCLUDES SUBSCRIPTIONS THAT RENEW AUTOMATICALLY. PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (ESPECIALLY SECTION 5 "SUBSCRIPTION FEES AND PAYMENT") BEFORE BEGINNING A TRIAL OR COMPLETING A PURCHASE FOR OUR AUTO-RENEWING SUBSCRIPTION SERVICE. TO AVOID BEING CHARGED, YOU MUST CANCEL A SUBSCRIPTION OR FREE TRIAL AT LEAST 24 HOURS BEFORE THE END OF THE TRIAL OR CURRENT SUBSCRIPTION PERIOD.IF YOU ARE UNSURE HOW TO CANCEL A SUBSCRIPTION OR TRIAL, PLEASE REFER TO OUR SUBSCRIPTION TERMS. CONSIDER TAKING A SCREENSHOT OF THIS INFORMATION FOR FUTURE REFERENCE.
1. AGREEMENT TO TERMS
1.1. The LingoJoy app , accessible at:
Terms and Conditions
along with the content available through the Website or our emails
(collectively, "Content"), is distributed by AppMedia FZE LLC, a
company registered under the laws of the United Arab Emirates,
with its mailing address at AMC - BOULEVARD-B BUILDING, Ajman
Media City, United Arab Emirates ("we," "us," "our," or the
"Company"). The Website, combined with the Content, tools,
transactions, and other services accessible via the Website, are
collectively known as the "Service."
1.2. By accessing and
using the Service, you agree to be bound by these Terms and
Conditions of Use (the "Terms"), which form a legally binding
agreement between you and the Company. Therefore, PLEASE READ THE
TERMS CAREFULLY BEFORE USING THE SERVICE.
1.3. Please also
review our
Privacy Policy.
The terms of the Privacy Policy and any additional terms,
policies, or documents that may be posted on the Service from time
to time are hereby expressly incorporated by reference. We reserve
the right, at our sole discretion, to modify these Terms at any
time and for any reason.
1.4. Unless otherwise explicitly
stated, we will notify you about any changes by updating the "Last
updated" date of these Terms, and you waive any right to receive
specific notice of each such change.
1.5. THESE TERMS INCLUDE
IMPORTANT DISCLAIMERS (SECTION 2), WARRANTIES DISCLAIMERS (SECTION
8), LIMITATION OF LIABILITY (SECTION 9), AND PROVISIONS THAT WAIVE
YOUR RIGHT TO A JURY TRIAL, COURT HEARING, AND PARTICIPATION IN A
CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER). UNLESS YOU OPT
OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED IN
SECTION 12, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ALL DISPUTES
AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 12.
1.6.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE
NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT
ACCESS OR USE THE WEBSITE AND THE SERVICE. I HAVE READ THESE TERMS
AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
2.
IMPORTANT DISCLAIMERS
2.1. WE DO NOT GUARANTEE THAT (I) THE SERVICE WILL MEET YOUR
EXPECTATIONS, (II) THE SERVICE WILL BE CONTINUOUS, TIMELY, SECURE,
OR FREE OF ERRORS, (III) THE RESULTS YOU MAY ACHIEVE FROM USING
THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED
OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR BE
BENEFICIAL.
2.2. WE ALSO DO NOT GUARANTEE ANY SPECIFIC LEVEL
OF SUCCESS YOU MAY EXPERIENCE DURING YOUR LEARNING PROCESS, AND
YOU ACKNOWLEDGE THAT RESULTS WILL VARY FOR EACH INDIVIDUAL.
TESTIMONIALS AND EXAMPLES PROVIDED ON THE SERVICE ARE EXCEPTIONAL
CASES AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE
WILL ACHIEVE THE SAME OR SIMILAR RESULTS.
3. USE OF
SERVICE
3.1. The Service offers users the ability to purchase
personalized learning courses in PDF format or through our mobile
application (the "Purchase"). To complete a Purchase, you will be
required to provide certain information about yourself.
3.2.
By using the Service, you represent and warrant to the Company
that: (i) all information you provide is truthful and accurate;
(ii) your use of the Service does not violate any applicable laws
or regulations or these Terms. Failure to provide accurate
information may hinder our ability to personalize the services
correctly.
3.3. The Service is not intended for use by
individuals under the age of 16. You represent and warrant to the
Company that you meet this age requirement. Users who are minors
in their jurisdiction (generally under the age of 18) must have
the consent and direct supervision of a parent or guardian to use
the Service. If you are a minor, your parent or guardian must read
and agree to these Terms before you use the Service.
3.4. The
Company reserves the right to suspend or terminate your use of the
Service, or access to it, with or without notice, if you breach
these Terms.
3.5. By using the Service, you agree to receive
communications and updates about the Service from the Company. You
can opt-out of non-essential communications by unsubscribing from
email notifications.
3.6. The Service may be modified,
updated, interrupted, or suspended at any time without notice or
liability.
3.7. You are responsible for obtaining the
necessary equipment and telecommunication services to access the
Service, and for all associated fees (such as computing devices
and Internet service provider and airtime charges).
3.8.
Your access to and use of the Service is at your own risk. The
Company is not responsible for any harm to your computing system,
loss of data, or other harm to you or any third party, including,
but not limited to, bodily harm, resulting from your use of the
Service or reliance on any information or advice.
3.9. The
Company is not obligated to provide customer support. However, the
Company may offer customer support at its discretion.
4.
INTELLECTUAL PROPERTY
4.1. You recognize that all text,
images, trademarks, logos, compilations (meaning the collection,
arrangement, and assembly of information), data, other content,
software, and materials displayed on the Service or used by the
Company to operate the Service (including the Website and Content,
excluding any User Content (as defined below)) are proprietary to
us or to third parties.
4.2. The Company expressly reserves
all rights, including all intellectual property rights, in the
aforementioned content. Except as explicitly permitted by these
Terms, any use, redistribution, sale, decompilation, reverse
engineering, disassembly, translation, or other exploitation of
these materials is strictly prohibited. Providing the Service does
not transfer any rights, title, or interest in these intellectual
property rights to you or any third party.
4.3. The information you submit to us, as well as any data, text,
and other materials you may submit to the Website ("User
Content"), remain your intellectual property. The Company does not
claim ownership of the copyright or other proprietary rights in
such registration information and User Content. However, you agree
that the Company may retain copies of the User Content and use it
as reasonably necessary for the operation of the Service and as
described in these Terms and the
Privacy Policy.
4.4. You grant
the Company a non-exclusive, worldwide, transferable, perpetual,
irrevocable right to publish, distribute, publicly display, and
perform the User Content in connection with the Service.
4.5. Under these Terms, the Company provides you with a
non-transferable, non-exclusive license (without the right to
sublicense) to use the Website and the Service exclusively for
your personal, non-commercial use.
4.6. You agree,
represent, and warrant that your use of the Service, or any part
thereof, will comply with the aforementioned license, covenants,
and restrictions and will not infringe or violate the rights of
any other party or breach any contract or legal duty to any other
parties. Additionally, you agree to comply with all applicable
laws, regulations, and ordinances related to the Service or your
use of it, and you will be solely responsible for any violations
of such laws.
4.7. The Service may contain links to
third-party websites or resources and advertisements for third
parties (collectively, "Third Party Ads"). These Third Party Ads
are not under the Company's control, and the Company is not
responsible for any Third Party Ads. The Company provides these
Third Party Ads only as a convenience and does not review,
approve, monitor, endorse, warrant, or make any representations
with respect to Third Party Ads. Advertisements and other
information provided by Third Party Sites Ads may not be wholly
accurate. You acknowledge sole responsibility for and assume all
risk arising from your use of any such websites or resources. When
you link to a third-party site, the applicable service provider's
terms and policies, including privacy and data gathering
practices, govern. You should conduct any investigation you feel
necessary or appropriate before proceeding with any transaction
with any third party. Your transactions and other dealings with
Third Party Ads that are found on or through the Website,
including payment and delivery of related goods or services, are
solely between you and such merchant or advertiser.
4.8. You
hereby release us, our officers, employees, agents, and successors
from claims, demands, any and all losses, damages, rights, claims,
and actions of any kind, including personal injuries, death, and
property damage, that are either directly or indirectly related to
or arise from any interactions with or conduct of any Service
users, or any Third Party Ads.
5. FEES AND PAYMENT
5.1.
The Service allows users to purchase personalized learning courses
either by (1) paying a subscription fee in advance on a recurring
interval disclosed to you prior to your purchase; or (2)
pre-paying for access to the Service for a specific period
(collectively referred to as "Purchase").
5.2. To the
fullest extent allowed by law, we reserve the right to change
Purchase fees at any time. We will provide you with reasonable
notice of any pricing changes by posting the new prices on the
Service, sending you an email notification, or through other
prominent means. If you do not wish to pay the new fees, you may
cancel the relevant subscription before the new rates take effect.
5.3. You authorize us to charge the applicable fees to the
payment card you submit.
5.4. By subscribing to certain
subscriptions, you agree that your subscription may automatically
renew. Unless you cancel your subscription, you authorize us to
charge you for the renewal term. The auto-renewal period will
match your initial subscription period unless otherwise specified
on the Service. The renewal rate will not exceed the rate for the
previous subscription period, excluding any promotional and
discount pricing, unless we notify you of a rate change before
your auto-renewal. You must cancel your subscription according to
the disclosed cancellation procedures for that specific
subscription.
5.5. We may offer a trial subscription to the
Service, providing you access for a specified period, with details
outlined when you sign up for the offer. Unless you cancel before
the end of the trial, or unless stated otherwise, your access to the
Service will continue automatically, and you will be billed
the applicable fees. It is your responsibility to know when the
trial ends. We reserve the right, at our sole discretion, to
modify or terminate any trial offer, your access to the Service
during the trial, or any of these terms without notice and without
liability. We also reserve the right to limit your ability to take
advantage of multiple trials.
5.6. Your rights to use the
Service expire at the end of the paid period of your subscription.
If you fail to pay the fees or charges due, we may make reasonable
efforts to notify you and resolve the issue; however, we reserve
the right to disable or terminate your access to the Service
without notice.
5.7. Refunds and cancellations are handled by
Paddle, our authorized Merchant of Record. To request a refund or
cancel an order, please contact Paddle Support at https://paddle.net.
6. DIGITAL CONTENT LICENSE
6.1. If you
purchase Digital Content, we grant you a single-seat,
non-exclusive, non-transferable right to download and use the
Digital Content for personal, non-commercial purposes.
6.2.
You may not: (i) use Digital Content for commercial purposes,
including in any advertising, merchandise, or other commercial
contexts; (ii) resell, rent, loan, give, sublicense, redistribute,
provide access to, share, or otherwise transfer any Digital
Content or the right to use it; (iii) use Digital Content as a
trademark, logo, service mark, or other indication of origin; (iv)
falsely represent that you created the Digital Content; (v) modify
the Digital Content.
7. USER REPRESENTATIONS AND
RESTRICTIONS
7.1. By using the Service, you represent and
warrant that:
7.1.1. You have the legal capacity and agree
to comply with these Terms;
7.1.2. You are not under the age
of 16;
7.1.3. You will not access the Service through
automated or non-human means, whether through a bot, script, or
otherwise;
7.1.4. You will not use the Service for any
illegal or unauthorized purpose;
7.1.5. You are not located
in a country subject to a U.S. government embargo or designated by
the U.S. government as a "terrorist supporting" country;
7.1.6. You are not listed on any U.S. government list of
prohibited or restricted parties; and
7.1.7. Your use of the
Service will not violate any applicable law or regulation.
7.2. If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to
refuse any and all current or future use of the Service (or any
portion thereof).
7.3. You may not access or use the Service
for any purpose other than that for which we make the Service
available. The Service may not be used in connection with any
commercial endeavors except those specifically endorsed or
approved by us.
7.4. As a user of the Service, you agree not
to:
7.4.1. Systematically retrieve data or other content
from the Service to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written
permission from us;
7.4.2. Make any unauthorized use of the
Service;
7.4.3. Make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the
Service;
7.4.4. Use the Service for any revenue-generating
endeavor, commercial enterprise, or other purpose for which it is
not designed or intended;
7.4.5. Make the Service available
over a network or other environment permitting access or use by
multiple devices or users at the same time;
7.4.6. Use the
Service to create a product, service, or software that is,
directly or indirectly, competitive with or in any way a
substitute for the Service;
7.4.7. Use any proprietary
information or any of our interfaces or other intellectual
property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use
with the Service;
7.4.8. Circumvent, disable, or otherwise
interfere with security-related features of the Service;
7.4.9. Engage in unauthorized framing of or linking to the
Service;
7.4.10. Interfere with, disrupt, or create an undue
burden on the Service or the networks or services connected to the
Service;
7.4.11. Decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way
making up a part of the Service;
7.4.12. Attempt to bypass
any measures of the Service designed to prevent or restrict access
to the Service or any portion of the Service;
7.4.13. Upload
or distribute in any way files that contain viruses, worms,
trojans, corrupted files, or any other similar software or
programs that may damage the operation of another's computer;
7.4.14. Use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Service, or
use or launch any unauthorized script or other software;
7.4.15. Use the Service to send automated queries to any
website or to send any unsolicited commercial e-mail;
7.4.16. Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Service;
7.4.17. Use the Service in a
manner inconsistent with any applicable laws or regulations; or
7.4.18. Otherwise infringe these Terms.
8.
DISCLAIMER OF WARRANTIES
THE WEBSITE, DIGITAL CONTENT, AND
OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS
AVAILABLE." THE WEBSITE, DIGITAL CONTENT, AND OTHER ASPECTS OF THE
SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE,
ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS
AFFILIATES, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT: (I) THE
SERVICE, DIGITAL CONTENT, OR OTHER INFORMATION WILL BE TIMELY,
ACCURATE, RELIABLE, OR CORRECT; (II) THE SERVICE WILL BE SECURE OR
AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (III) ANY DEFECTS OR
ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL BE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS; OR (V) ANY RESULT OR OUTCOME CAN BE
ACHIEVED.
9. LIMITATION OF LIABILITY
9.1. UNDER NO
CIRCUMSTANCES SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES
ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE
SERVICE (INCLUDING THE WEBSITE OR CONTENT), OR THIRD-PARTY ADS,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE WEBSITE,
CONTENT, AND USER CONTENT), AND THIRD-PARTY ADS ARE AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING
THEREFROM.
9.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY
HEREIN, YOU AGREE THAT THE TOTAL LIABILITY OF THE COMPANY TO YOU
FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE,
CONTENT, OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE
COMPANY FOR THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN
THE COMPANY AND YOU.
9.3. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT
VARY FROM JURISDICTION TO JURISDICTION.
10.
INDEMNITY
You agree to indemnify and hold the Company, its
successors, subsidiaries, affiliates, related companies,
suppliers, licensors, and partners, and the officers, directors,
employees, agents, and representatives of each of them harmless,
including costs and attorneys' fees, from any claim or demand made
by any third party due to or arising out of (i) your use of the
Service, (ii) your User Content, or (iii) your violation of these
Terms. The Company reserves the right, at your expense, to assume
the exclusive defense and control of any matter for which you are
required to indemnify us and you agree to cooperate with our
defense of these claims. You agree not to settle any matter
without the prior written consent of the Company. The Company will
use reasonable efforts to notify you of any such claim, action, or
proceeding upon becoming aware of it.
11. INTERNATIONAL
USE
The Company makes no representation that the Service is
accessible, appropriate, or legally available for use in your
jurisdiction, and accessing and using the Service is prohibited
from territories where doing so would be illegal. You access the
Service at your own initiative and are responsible for compliance
with local laws.
12. MANDATORY BINDING ARBITRATION AND
CLASS ACTION WAIVER
12.1. PLEASE READ THIS ARBITRATION
PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE
PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM YOU MAY HAVE IN THE
FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL
ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE
RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU
WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE
MORE LIMITED OR MAY NOT EXIST.
12.2. YOU AGREE THAT YOU MAY
ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE
ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE
PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
12.3. YOU AND THE COMPANY, ALONG WITH EACH OF ITS RESPECTIVE
AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS
IN INTEREST, SUCCESSORS, AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT
FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT) AS THE
EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW,
FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS
AGREEMENT, THE SERVICE, OR THE PRIVACY POLICY, UNLESS YOU ARE
LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF
ARBITRATION FOR DISPUTE RESOLUTION.
12.4. Arbitration is a
more informal way to settle disputes than a lawsuit in court. A
neutral arbitrator, instead of a judge or jury, is used in
arbitration, which allows for more limited discovery than in court
and is subject to very limited review by courts. The same damages
and relief that a court can award can be awarded by arbitrators.
Please see more information about arbitration at
http://www.adr.org.
12.5. A
party intending to seek arbitration must first send to the other a
written notice of intent to arbitrate (a "Notice") by an
international courier with a tracking mechanism, or, in the
absence of a mailing address provided by you to us, via any other
method available to us, including via email. The Notice to the
Company must be addressed to: AMC - BOULEVARD-B BUILDING, Ajman
Media City, United Arab Emirates (as applicable, the "Arbitration
Notice Address"). The Notice shall (i) describe the basis and
nature of the claim or dispute; and (ii) set the specific relief
sought (the "Demand"). If you and the Company do not reach an
agreement to resolve the claim within 30 days after the Notice is
received, then you or we may commence an arbitration proceeding as
set forth below or file an individual claim in small claims court.
12.6. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL
EXCLUSIVELY ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS
COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR
CONSUMER-RELATED DISPUTES (THE "RULES"), AS MODIFIED BY THESE
TERMS.
12.7. If you commence arbitration against us, you are
required to provide a second Notice to the Company at the
Arbitration Notice Address within seven (7) days of arbitration
commencement. The Rules and AAA forms are available online at
http://www.adr.org. Unless your
Demand is equal to or greater than $1,000 or was filed in bad
faith, in which case you are solely responsible for the payment of
the filing fee, if you are required to pay a filing fee to
commence an arbitration against us, then we will promptly
reimburse you for your confirmed payment of the filing fee upon
our receipt of the second Notice at the Arbitration Notice Address
that you have commenced arbitration along with a receipt
evidencing payment of the filing fee.
12.8. The arbitration
shall be conducted exclusively in English. A single, independent,
and impartial arbitrator with his or her primary place of business
in Alexandria, Virginia (if you are from the United States) or in
Ajman, United Arab Emirates (if you are not from the United
States) will be appointed pursuant to the Rules, as modified
herein. You and the Company agree to comply with the following
rules, which are intended to streamline the arbitration process
and reduce the costs and burdens on the parties: (i) the
arbitration will be conducted online and/or be solely based on
written submissions, the specific manner to be chosen by the party
initiating the arbitration; (ii) the arbitration will not require
any personal appearance by the parties or witnesses unless
otherwise mutually agreed in writing by the parties; and (iii) any
judgment on the award the arbitrator renders may be entered in any
court of competent jurisdiction.
13. GOVERNING LAW
13.1.
These Terms and your use of the Service shall be governed by the
laws of the United Arab Emirates, excluding its conflict of law
principles.
13.2. To the extent that any action related to a
dispute under these Terms is permitted to be brought in a court of
law, such action will be subject to the exclusive jurisdiction of:
13.2.1. The state and federal courts located in the City of
Alexandria, Virginia, if you are a resident of the United States;
or
13.2.2. The courts of Ajman, United Arab Emirates, if you
are not a resident of the United States;
and you hereby
irrevocably submit to personal jurisdiction and venue in such
courts, waiving any defense of improper venue or inconvenient
forum.
14. MISCELLANEOUS PROVISIONS
14.1. No delay
or omission by us in exercising any of our rights upon any
noncompliance or default by you regarding these Terms will impair
any such right or be construed as a waiver thereof, and a waiver
by the Company of any of the covenants, conditions, or agreements
to be performed by you will not be construed as a waiver of any
succeeding breach thereof or of any other covenant, condition, or
agreement contained herein.
14.2. Subject to Section 12, if
any provision of these Terms is found to be invalid or
unenforceable, the remaining Terms will remain in full force and
effect and will be reformed to be valid and enforceable while
reflecting the parties' intent to the greatest extent permitted by
law.
14.3. Except as otherwise expressly provided herein,
these Terms constitute the entire agreement between you and the
Company regarding their subject matter and supersede all prior
promises, agreements, or representations, whether written or oral,
regarding such subject matter.
14.4. The Company may
transfer or assign any and all of its rights and obligations under
these Terms to any other person, by any means, including by
novation, and by accepting these Terms, you consent to any such
assignment and transfer. You confirm that placing a version of
these Terms on the Service indicating another person as a party to
the Terms shall constitute valid notice to you of the transfer of
the Company's rights and obligations under the Agreement (unless
otherwise expressly indicated).
14.5. All information
communicated on the Service is considered an electronic
communication. When you communicate with us through or on the
Service or via other forms of electronic media, such as email, you
are communicating with us electronically. You agree that we may
communicate electronically with you and that such communications,
as well as notices, disclosures, agreements, and other
communications that we provide to you electronically, are
equivalent to communications in writing and shall have the same
force and effect as if they were in writing and signed by the
party sending the communication. You further acknowledge and agree
that by clicking on a button labeled "SUBMIT", "CONTINUE", "ADD TO
CART", "PAY", or similar links or buttons, you are submitting a
legally binding electronic signature and are entering into a
legally binding contract. You acknowledge that your electronic
submissions constitute your agreement and intent to be bound by
these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED THROUGH THE SERVICE.
14.6. In no event shall the
Company be liable for any failure to comply with these Terms to
the extent that such failure arises from factors outside the
Company's reasonable control.
15. CONTACT
If you
need to send any notice under these Terms or have any questions
regarding the Service, you may contact us at:
work@appmediaco.com.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE
PROVISIONS CONTAINED ABOVE.
Last Updated: 15 September
2023