TERMS OF SERVICE
Last Modified: November 01, 2024
Welcome to the online service operated by Customed Ltd. (“Company,” “we,” or “us”). This page
explains the terms by which you may use our services, our website (“Site”), and software provided on or
in connection with the service (the “Platform”), including our generative AI based, software solution for
creation of models and 3D-printable design files of specific artificial implants and surgical guides
(collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box
marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be
bound by these Terms of Service (this “Agreement”), and to the collection and use of your information
as set forth in our Privacy Policy, whether or not you are a registered user of our Service. Company
reserves the right to modify these terms and will provide notice of these changes as described below.
This Agreement applies to all visitors, users, and others who access the Service (“Users”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH
PROVISION.
ARBITRATION NOTICE: THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION
AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION
ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS
ACTIONS. AGREEING TO ARBITRATION IS AN IMPORTANT DECISION WHICH YOU SHOULD
CAREFULLY CONSIDER.
1. Our Service
1.1 General. Company provides a Service enabling the design and creation of models and 3D-
printable design files of specific artificial implants and surgical guides. The Services provided by the
Platform may be delivered in different ways: (i) fully automatically by the software, (ii) semi-
automatically through a combination of software and manual efforts, or (iii) entirely through manual
efforts by the Company’s team.
The Platform is a designing tool that assists with the conversion of pre-existing surgical plans into 3D-
printable files, it is designed as a tool to assist with surgery planning and does not in any way
substitute or replace professional assessment, diagnosis, or treatment by qualified healthcare
professional. the solution is and may provide general information about procedures but does not
guarantee addressing specific medical issues or conditions
To remove any doubt, it is clarified that neither the Company nor the Platform offer any healthcare
services or medical advice or any healthcare tools or consultation. All medical decisions connected to
the use of the Services remain the responsibility of the User.
1.2 Changes to the Service. Company may, with reasonable prior notice, change the Service; stop
providing the Service or certain features of the Service, to you or to Users generally; or create usage
limits for the Service. We may permanently or temporarily terminate or suspend your access to the
Service without liability, if, in our sole determination, you violate any provision of this Agreement. Upon
termination of your access to the Service for any reason, you shall continue to be bound by the terms of
this Agreement as applicable.
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1.3 Service Location. The Service is controlled and operated from facilities in Israel. Company makes
no representations that the Service is appropriate or available for use in other locations. Those who
access or use the Service from other jurisdictions do so at their own volition and are entirely responsible
for compliance with all applicable local laws and regulations, including but not limited to export and
import regulations. You may not use the Service if you are a resident of a country embargoed by the
United States.
2. Eligibility
This is a contract between you and Company. You must read and agree to these terms before using or
accessing any of the Company Services. If you do not agree to any of these terms, you may not use the
Service. You may use the Service only if you can form a binding contract with Company, and only in
compliance with this Agreement and all applicable local, state, national, and international laws, rules
and regulations. Any use or access to the Service by anyone under the age of 18 is strictly prohibited and
in violation of this Agreement. The Service is not available to any Users previously removed from the
Service by Company. In addition to the forgoing, you represent and warrant that you are not a resident
of (and will not use the Service in) a country that the U.S. government has embargoed for use of such
Service or under any other applicable trade sanctioning regulations.
The use of the Service is limited to Users that are provided access to use it under a commercial
agreement with the Company.
Any use of the Service by a User that is not eligible under and according to these Terms of Service, is
prohibited and is at the own risk of such User.
3. Use of Services and Responsibility
3.1 You acknowledge and agree that the use of the Services provided by the Company is at your sole
responsibility, to be used by you in compliance with all applicable laws and regulations. User is
responsible to ensure that the use of the Platform and the Service are complaint with all applicable
regulations and legal requirements in the region or country of User. Any personalized solutions, such as
PSIs or implants designs, generated by the Platform, must be verified by the User to ensure their
accuracy and appropriateness for the condition and needs of each a specific patient.
3.2 Company assumes no liability or responsibility for any usage of the Services provided hereunder
or to the use of any device manufactured by the use of the Services and it is the User’s obligation to
verify the quality and/or accuracy of the devices created by using the Services.
3.3 The Platform does not “recommend” or “advise” any specific diagnosis, treatment, or outcomes.
Any and all decisions related to patient care or treatment are the sole responsibility of the User and
healthcare providers and professionals using the Services, and the platform does not assume any liability
for medical outcomes or decisions made using our tools.
3.4 Users are responsible to ensure the accuracy, correctness, completeness, and appropriateness
of any data or medical information they upload or generate within the Platform. Users must provide all
necessary documentation and information required for the use of the Platform. User shall not upload
personal identifying data (PII) to the Platform and shall verify that any data used in the Platform is fully
anonymized. Medical or surgical planning data should be used with the Platform without including any
personal patient identifiers.
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3.5 Automated Segmentation: Any automated segmentation provided as part of the Services is
intended for evaluation and guidance purposes only. For clinical-grade segmentation, Users must
request this service separately, which may be subject to additional charges. The platform is not
responsible for the outcomes based on the automated segmentation. Users also have the option to
upload to the Platform their own segmentation data, which they are responsible for ensuring meets
clinical and regulatory standards.
3.6 Data Aggregation and Statistical Analysis. The Platform may aggregate data from multiple Users
and use cases to improve the Services, conduct statistical analysis, and enhance the Platform
functionality. Such data aggregation will be done anonymously to protect User confidentiality. The
company may publish aggregated statistical data in marketing materials or within the Platform, provided
that such data will not contain any identifiable user information and will remain anonymous.
4. Limited Use License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, non-
transferable, non- assignable, non-sub-licensable, worldwide, limited, revocable right and license to use
the Service for your own use only and as permitted by the features of the Service according to the terms
and subject to the conditions of this Agreement (the “Use License”). The Use License granted to the
hereunder is for internal use only and shall not provide for any use that is for the benefit of any other
person or entity. Company reserves all rights not expressly granted herein in the Service. Company may
terminate this license at any time for any reason or no reason.
5. User Accounts
You may access the Service and functionality that we may establish and maintain from time to time and
in our sole discretion subject to this Agreement. We may maintain different types of accounts for
different types of Users. To access certain features or areas of the Service, you may be required to
provide certain personal information as part of a registration or log-in process.
When creating your “User Account”, you must provide accurate and complete information, and you
must keep this information up to date. You are solely responsible for the activity that occurs on your
User Account, and if you are required to provide a password for your User Account, you must keep it
secure. You must notify Company immediately of any breach of security or unauthorized use of your
User Account. Company will not be liable for any losses caused by any unauthorized use of your User
Account.
Company reserves the right, but is not obligated, to reject and/or remove any User Content that
Company believes, in its sole discretion, violates any of these provisions.
You may control your User Account. By providing Company your email address and other contact
information, you consent to our using such contact information to send you Service-related notices,
including any notices required by law. Such notices may be provided to you by email, or any other
contact form you may provide us with and you agree to receive such notices. We may also use your
email address or phone number to send you other messages, such as changes to features of the Service
and special offers. If you do not want to receive such notifications, you may opt out or change your
preferences in your settings page. Opting out may prevent you from receiving notification including
notices regarding updates, improvements, or offers. You will not be able to opt-out from receiving
service and payment connected notifications from the Company.
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6. User Content
Some features of the Service may allow Users to submit, post, display, provide, or otherwise make
available content or information (any such materials a User submits, displays, provides, or otherwise
makes available on the Service is referred to as “User Content”).
User shall not upload or otherwise make available User Content that includes any content that is false,
abusive, unlawful, obscene, harmful, or that contains any information or content that you do not have a
right to make available under any law or under contractual relationships. You agree that any User
Content that you post does not and will not violate third-party rights of any kind, including without
limitation any Intellectual Property Rights (as defined herein) or any rights of privacy.
WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU
CREATE REMAINS YOURS. Company has the right (but not the obligation) in its sole discretion and
without an obligation to provide reasoning, to remove any User Content that is shared via the Service.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or
through the Service, you expressly grant, and you represent and warrant that you have all rights
necessary to grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-
exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit and
make derivative works of all such User Content in whole or in part, and in any form, media or
technology, whether now known or hereafter developed, for use in connection with the Service and
Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and
redistributing part or all of the Service.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright
rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights,
goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come
into existence, and all applications therefore and registrations, renewals and extensions thereof, under
the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
You have obtained and are solely responsible for obtaining all consents as may be required by
law to post any User Content relating to third parties.
Your User Content and Company’s use thereof as contemplated by this Agreement and the
Service will not violate any law or infringe any rights of any third party, including but not limited
to any Intellectual Property Rights and privacy rights.
Company may exercise the rights to your User Content granted under this Agreement without
liability for payment of any residuals, fees, or royalties.
7. Acceptable Use
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or
disclosing any part of the Platform or the Service in any medium, including without limitation by any
automated or non-automated “scraping”; (ii) taking any action that imposes, or may impose at our sole
discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid
data, viruses, worms, or other software agents through the Service; or (iv) bypassing the measures we
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may use to prevent or restrict access to the Service, including without limitation features that prevent or
restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
8. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including,
without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service
marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the
“Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of
Company and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be
deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit or create derivative works from any Company Content. Use of the Company Content for any
purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including
without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea,
you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place
Company under any fiduciary or other obligation, and that we are free to use the Idea without any
additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to
anyone. You further acknowledge that, by acceptance of your submitted Ideas, Company does not waive
any rights to use similar or related ideas previously known to Company, or developed by its employees,
or obtained from sources other than you.
9. Privacy
We care about the privacy of our Users. You understand that by using the Service you consent to the
collection, use and disclosure of information, all as set forth in our Privacy Policy that can be reviewed
at:(ADD link to PP). You further consent to have your information collected, used, transferred to and
processed by the Company. We encourage you to read our Privacy Policy on a regular basis, for a
description of such data collection and use practices.
10. Security
Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the
integrity and security of your personal information and implement your privacy settings. However, we
cannot guarantee that unauthorized third parties will never be able to defeat our security measures or
use your personal information for improper purposes. You acknowledge that you provide your personal
information at your own risk. In the event that any information under our control is compromised as a
result of a breach of security, we will take reasonable steps to investigate the situation and, where
appropriate, notify those Users whose information may have been compromised and take other steps,
in accordance with any applicable laws and regulations.
11. Third-Party Links and Information
The Service may contain links, features, or interactive tools supplied by third parties. Company does not
endorse or assume any responsibility for any such third-party sites, information, materials, products, or
services. If you access a third-party tools or service from the Service or share your User Content on or
through any third-party service, you do so at your own risk, and you understand that this Agreement
and Company’s Privacy Policy do not apply to your use of such third-party tools, products or services.
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You expressly relieve Company from any and all liability arising from your use of any third-party tools or
service.
12. Payment for Services
12.1 The use of the Services is be subject to payment of particular fees, as determined by the
Company in its sole discretion (“Fee(s)”). We will provide notice of such Fees then in effect in relation to
each of the Services. Use of the Services, may require Users to pay the applicable Fees in advance.
Company reserves the right to change its Fees at any time, upon notice to you if such change may affect
your existing subscriptions.
12.2 All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing
by Company. To the extent permitted by law (and unless specified otherwise by Company in writing), all
Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or
duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all
applicable Taxes relating to your use of the Services, or to any payments or purchases made by you. If
Company is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes
were added and collected from you for previous transactions, such Taxes may be added to the payment
of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that
you verify the existence of any additional fees you may be charged by third parties in connection with
the purchase of Services or in connection with the renewal thereof (such as international transaction
fees, currency exchange fees or fees due to banks or credit card companies). Company is not responsible
for any such additional fees or costs.
12.3 As part of registering or submitting information to receive Services, you also authorize Company
(either directly or through its affiliates, subsidiaries or other third parties) to request and collect
payment (or otherwise charge, refund or take any other billing actions) from our payment provider or
your designated banking account, and to make any inquiries Company or its affiliates may consider
necessary to validate your designated payment account or financial information, in order to ensure
prompt payment, including for the purpose of receiving updated payment details from your payment,
credit card or banking account provider (e.g., updated expiry date or card number as may be provided to
us by your credit card company).
12.4 Invoices. Company and/or its affiliated companies will issue an invoice or credit memo for any
payment of Fees or refund made to or by Company (“Invoice”). Each Invoice will be issued in electronic
form and based on the country stated in your billing address and will be made available to you via your
User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish
certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local
laws.
13. Indemnity
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors,
managers, and other affiliated companies, and their employees, contractors, agents, officers and
directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the
Service, including any data or content transmitted or received by you; (ii) your violation of any term of
this Agreement, including without limitation your breach of any of the representations and warranties
above; (iii) your violation of any third-party right, including without limitation any right of privacy or
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Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content
or any content that is submitted via your User Account including without limitation misleading, false, or
inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the
Service with your unique username, password or other appropriate security code.
14. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR
OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED
WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS
DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL
MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT
THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE
OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS
AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES,
ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO
CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING
FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR
ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR INFORMATION; (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
THROUGH THE SERVICE; AND/OR (VII) USER CONTENT. IN NO EVENT SHALL COMPANY, ITS AFFILIATES,
AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE
AMOUNT YOU PAID TO COMPANY HEREUNDER OR $10,000, WHICHEVER IS GREATER.
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THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
16. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
16.1 Governing Law. You agree that: (i) the Service shall be deemed solely based in Tel Aviv, Israel;
and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us,
either specific or general, in jurisdictions other than Tel Aviv, Israel. This Agreement shall be governed by
the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. The
application of the United Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. You agree to submit to the personal jurisdiction of the courts located in Tel Aviv,
Israel for any actions for which we retain the right to seek injunctive or other equitable relief in a court
of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or
violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or
proprietary rights, as set forth in the Arbitration provision below, including any provisional relief
required to prevent irreparable harm. You agree that Tel Aviv, Israel is the proper forum for any appeals
of an arbitration award or for trial court proceedings in the event that the arbitration provision below is
found to be unenforceable.
16.2 Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES EACH OF US TO ARBITRATE
OUR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. For any
dispute with Company, you agree to first contact the Company and attempt to resolve the dispute with
us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you
after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims
for injunctive or other equitable relief as provided below) arising out of or in connection with or relating
to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding
arbitration by the Israeli Institute of Commercial Arbitration (“IICA”) and under its terms and policies -
https://eng.borerut.com/. The arbitration will be conducted in Tel Aviv, Israel, unless you and Company
agree otherwise. IICA may require you to pay a fee for the initiation of your case, unless you apply for
and successfully obtain a fee waiver from IICA. The award rendered by the arbitrator may include your
costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other
witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction. This Section shall not be interpreted as preventing Company from seeking
injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened
infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other
proprietary rights. You agree that this arbitration provision will survive the termination of your
relationship with Company.
16.3 Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF
WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER
PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE
ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS
ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE
THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND
COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION,
COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDINGS
OF ANY KIND.
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17. General
17.1 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Company without restriction. Any attempted
transfer or assignment in violation hereof shall be null and void.
17.2 Notification Procedures and Changes to the Agreement. Company may provide notifications,
whether such notifications are required by law or are for marketing or other business-related purposes,
to you via email notice, written or hard copy notice, or through posting of such notice on our website, as
determined by Company in our sole discretion. Company reserves the right to determine the form and
means of providing notifications to our Users, provided that you may opt out of certain means of
notification as described in this Agreement. Company is not responsible for any automatic filtering you
or your network provider may apply to email notifications we send to the email address you provide us.
Company may, in its sole discretion, modify or update this Agreement from time to time, and so you
should review this page periodically. When we change the Agreement in a material manner, we will
update the ‘last modified’ date at the top of this page and notify you that material changes have been
made to the Agreement. Your continued use of the Service after any such change constitutes your
acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms
of Service, do not use or access (or continue to access) the Service.
17.3 Entire Agreement/Severability. This Agreement, together with any amendments and any
additional agreements you may enter into with Company in connection with the Service, shall constitute
the entire agreement between you and Company concerning the Service. If any provision of this
Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and
effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the
entire arbitration agreement shall be unenforceable.
17.4 No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term, and Company’s failure to assert any right or provision under this
Agreement shall not constitute a waiver of such right or provision.
17.5 Contact. Please contact us at [Add email address] with any questions regarding this Agreement.