By using the i.am+ products ("i.am+ products"), or by downloading, accessing or using any software or software update accompanying this Agreement, you are agreeing to be bound by the following terms and conditions of this software license agreement ("Agreement"), which is a legal agreement between you (either an individual or a single entity) and I AM PLUS Electronics Inc. ("i.am+").
Please read the Agreement carefully before using the i.am+ products, or downloading, accessing or using any software or software update accompanying this Agreement.
If you do not agree to the terms of this Agreement, please do not use the i.am+ products or download, access or use the software or software update accompanying this Agreement.
Please note that this Agreement contains a binding arbitration provision and time limit on submitting claims that affect your rights (this provision would not apply if you are a UK resident).
Please also note certain features of the i.am+ Software and Services (as defined below) transmit data through your i.am+ products or other connected devices, and could impact charges to your data plan, and that you are responsible for any such charges.
IF YOU HAVE RECENTLY PURCHASED AN i.am+ products AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE i.am+ products WITHIN THE RETURN PERIOD TO THE RETAILER OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND. PLEASE NOTE THAT RETURN PERIODS MAY VARY DEPENDING ON WHERE YOU PURCHASED YOUR i.am+ products; PLEASE VERIFY THE RETURN POLICY WITH THE RETAILER WHERE YOU PURCHASED YOUR i.am+ products.
For the avoidance of any doubt, you hereby agree that the terms of this Agreement will apply to any i.am+-branded applications that may be preinstalled on your i.am+ products, including any preloaded software which is required for the normal operation of the i.am+ products, unless such app or software is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that app or software and are incorporated herein by reference.
For information about developing software applications for i.am+ products, please visit i.am/developers
- The software (including any embedded software components and third party software), interfaces, content, associated media, printed materials, electronic documentation and any data that came with your i.am+ products, including any i.am+-branded applications that may be preinstalled on the i.am+ products (collectively "i.am+ Original Software"), as may be updated, upgraded, supplemented or replaced by feature enhancements, supplements, add-on components, bug-fixes, security or software updates, or system restore software provided by i.am+ after the date you obtain your initial copy of the i.am+ Original Software ("Software Updates"), whether in read-only memory, on any other media or in any other form, are licensed, not sold, to you by i.am+ for use only under the terms of this Agreement (the i.am+ Original Software and the Software Updates are collectively referred to as the "i.am+ Software").
- i.am+, at its sole discretion, may make available future Software Updates for your Original Software. The Software Updates may not necessarily include all existing software features or new features that i.am+ releases for newer or other models of i.am+ products. The terms of this Agreement will govern any Software Updates provided by i.am+ that replace and/or supplement the Original Software product, unless such Software Update is accompanied by a separate license in which case the terms of that license will govern.
- Subject to the terms of this Agreement, you are hereby granted a limited, non-exclusive license to use, access and run the i.am+ Software on a single i.am+ products. Except as may be provided in a separate agreement between you and i.am+, this Agreement does not allow the i.am+ Software to exist on more than one i.am+ products at a time, and you may not distribute or make the i.am+ Software available over a network where it could be used by multiple devices at the same time.
- Subject to the terms of this Agreement, you are hereby granted a limited, non-exclusive license to download Software Updates that may be made available by i.am+ for your model of the i.am+ products to update or restore the software on any such i.am+ products that you own or control. This Agreement does not allow you to update or restore any i.am+ Software that you do not control or own, and you may not distribute or make the Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time.
- For the avoidance of any doubt, this Agreement applies to any and all Software Updates that i.am+ may release, from time to time. The Software Updates may, in some cases, delete or deprecate existing functions.
- Intellectual Property.
- i.am+ and its licensors retain ownership of the i.am+ Software and reserve all rights not expressly granted herein. This Agreement does not grant you any rights to use i.am+ proprietary interfaces and other intellectual property in the design, manufacture, development, licensing or distribution of third party devices and accessories, or third party software applications, for use with i.am+ products. Some of those rights are available under separate licenses from i.am+.
- i.am+ Services.
- General. The i.am+ Software may enable access to i.am+-branded services or applications preinstalled on your i.am+ products (such as i.am+'s One Number, Maps, What's Playing, Fitness and Workout) and other i.am+ and third party services and websites (collectively and individually, "Services"). Such Services are owned by i.am+, its affiliated companies, its third party service suppliers and licensors or other third parties.
- Neither i.am+ nor any of its licensors, third party service or content providers guarantee the availability, timeliness, quality, accuracy, completeness, or reliability of any information, including location data or any other data displayed by any Services. Reliance on such information is at your sole risk, and you should consult with professionals in the appropriate circumstances before acting or relying upon any such information.
- i.am+, its affiliates, agents, principals, or licensors reserve the right to change, suspend, remove, or disable access to any Services at any time and without notice. In no event shall i.am+ be liable for the removal of or disabling of access to any such Services. i.am+ may also impose limits on the use of or access to certain Services, in any circumstances and without notice or liability.
- Availability. The i.am+ Software and Services are not available in all languages or in all countries or regions. i.am+ makes no representation that such Services are appropriate or available for use in any particular location or for any particular audience.
- Connectivity. The i.am+ Software and Services may be restricted or unavailable from your service provider. Use of some features of the i.am+ Software or Services may require Wi-Fi or cellular data connection.
- Data plan. Some features of the i.am+ Software may require access to the internet and may be subject to restrictions imposed by your network or internet provider. In addition, your enjoyment of some features of the i.am+ Software may be affected by the suitability and performance of your data access. Unless the i.am+ products is connected to the internet through Wi-Fi connection, the i.am+ Software will access the internet through your mobile network, which may result in additional charges depending on your payment plan.
- Additional Terms & Fees. Access to or use of the i.am+ Software and Services may require you to accept additional terms and may be subject to additional fees. By using these Services you agree to the applicable terms for those Services and related fees, if any.
- User Account. Access to or use of the i.am+ Software and Services, including certain features or applications, may require registration with a user account, which will include a unique username and password combination ("User Account"). To protect your User Account, keep your password confidential. You are responsible for the activity that happens on or through your User Account. Try not to reuse your User Account password on third-party applications. If you learn of any unauthorized use of your password, please report it to us at firstname.lastname@example.org.
- Content. You understand that by using any of the Services, you may encounter content that may be deemed vulgar, indecent, explicit, offensive or objectionable, and that the results of any search may automatically and unintentionally generate links or references to indecent or objectionable material. Nevertheless, you agree to use the i.am+ Software and Services at your sole risk and that i.am+, its affiliates, agents, principals, or licensors shall have no liability to you for content that may be found to be vulgar, offensive, indecent, or objectionable.
- User Submission. To the extent that you upload any content through the use of the Services ("User Submission"), you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload such content and that such content does not violate any terms of service applicable to the i.am+ Software or the Services. You further represent that the User Submission does not: (i) violate any applicable laws, including but not limited to applicable local laws and privacy and data collection laws; (ii) infringe upon any third party rights, including privacy or proprietary rights; (iii) include any fraudulent, defamatory, offensive, harassing or threatening material.
- Compliance. To the extent you choose to use or access the i.am+ Software or the Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws.
- Remote erasure. Certain Services may enable you to erase the data stored on your i.am+ device. Your password will be required before anyone (including you) can active remote erasure. i.am+ shall bear no responsibility for your failure to protect your device with a passcode, for returning your device to you or for any loss of data on your device.
- Location Services. Certain Services may offer location-based features (such as a feature that enables you to locate your i.am+ device when it is lost, or navigation within Maps) ("Location Services") that rely upon device-based location information using GPS, WiFi hospot and cell tower location, and various location-related and usage information may be sent to i.am+, including the real-time geographic location of your i.am+ products, in order to process your request and help improve such Services.
- Location data provided by any Services is provided for basic navigational or planning purposes only and is not intended to be relied upon in situations where precise location information is required or where inaccurate, erroneous, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You understand that the results you receive from the Location Services (such as Maps) may vary from actual road or terrain conditions due to factors that can affect the accuracy of the location data, such as, but not limited to, weather, road and traffic conditions, and geopolitical events. For your safety when using the navigation feature, always pay attention to posted road signs and current road conditions. Follow safe driving practices and traffic regulations, and note that walking directions may not include sidewalks or pedestrian paths. Please note that location-Based Services are not intended or suitable for use as an emergency locator system.
- Fitness Services. Certain Services may offer fitness-based features (such as Workout and Fitness) that collect certain fitness and health information ("Fitness Services").
- The Fitness Services are intended for fitness purposes only. They are not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, and should not be viewed as medical devices. They are not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease. You should consult your physician before initiating any exercise program using the Fitness Services. Be careful and attentive while exercising. If you feel pain, or feel faint, dizzy, exhausted, or short of breath, stop exercising immediately.
- By exercising, you assume inherent risks including any injury that may result from such activity. If you have any medical condition that you believe could be affected by the Fitness Services (for example, headaches, seizures, blackouts or eyestrain), consult with your physician prior to using the Fitness Services.
- AneedA. AneedA ("AneedA") is a voice-enabled intelligent digital personal assistant. AneedA may not be available in all languages or regions and features may vary by region. If your i.am+ products supports AneedA, its features may allow you to make requests, give commands and dictate text to your device using your voice.
- One Number. One Number ("One Number") is an application that may be used to connect the i.am+ products and the user’s smartphone device to simultaneously receive calls, messages and notifications, record calls, manage your voicemail and easily sync contacts and photos. One Number's features may require a Wi-Fi or cellular data connection, may not be available in all regions and may be restricted or unavailable from your service provider. You acknowledge and agree that your use of One Number is subject to the latest terms and conditions available here: i.am/legal
- Messages. The Messages feature ("Messages") may not be available in all countries or regions.
- Other applications. There are non-i.am+ applications and services that require your consent to their separate terms and conditions and privacy policies. You expressly acknowledge and agree that your use of such applications and services will be subject to the applicable terms and conditions and privacy policies.
- Third Party Materials.
- Certain Services may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites ("Third Party Materials"). Third Party Materials are provided solely as a convenience to you, and you assume any and all risks related to your access to, use of or reliance on Third Party Materials.
- By accessing to or using the Third Party Materials, you acknowledge and agree that i.am+, its officers, affiliates, licensors and subsidiaries: (i) are not responsible for examining or evaluating the content, appropriateness, completeness, accuracy, availability, reliability, timeliness, validity, compliance and non-infringement, legality, decency, quality or any other aspect of such Third Party Materials; (b) do not warrant, endorse, or guarantee the appropriateness, availability, timeliness, accuracy, completeness, or reliability of Third Party Materials; (c) shall not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials, or for any other materials, products, or services of third parties.
- Third Party Acknowledgements.
- Portions of the i.am+ Software may utilize or include third party codes, software and other copyrighted material, and may be subject to third party licensing terms (such as open source licenses). Acknowledgements, licensing terms and disclaimers for such material are available at i.am/legal, and your use of such material is governed by their respective terms.
- Any use by i.am+ of third party trademarks or service marks denotes interoperability only, and does not necessarily indicate a relationship, an endorsement by or affiliation with the trademark or service mark owner.
- Restrictions on Use.
- You agree to abide by our Acceptable Use Policy, available at i.am/legal.
- You may not, and you agree not to or enable others to rent, lease, lend, sell, redistribute, reproduce (except as explicitly permitted herein) or sublicense the i.am+ Software or the Services. Notwithstanding the foregoing, you may make a one-time permanent transfer of all of your license rights to the i.am+ Software to another party in connection with the transfer of ownership of your i.am+ products, provided that: (a) the transfer must include your i.am+ products and all of the i.am+ Software, including all its component parts, original media, printed materials and this Agreement; (b) you do not retain any copies of the i.am+ Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the i.am+ Software reads and agrees to accept the terms and conditions of this Agreement.
- You may not, and you agree not to or enable others to exploit the i.am+ Software or the Services in any unauthorized way, including but not limited to, using the i.am+ Software or the Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity.
- You may not, and you agree not to or enable others to, copy, modify, decompile, decrypt, reverse engineer, attempt to derive the source code of, disassemble or create derivative works of the i.am+ Software, the Services or any services provided by the i.am+ Software or any part thereof (except as expressly permitted by this Agreement, or only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the i.am+ Software).
- The i.am+ Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
- The i.am+ Software is for personal and non-commercial use solely. The i.am+ Software may not be used for any performance or benchmark testing with any third party products or services.
- No use of or access to the i.am+ Software may be made by automated or recorded scripting or queries, or by any unauthorized i.am+ unless expressly permitted hereunder.
- You agree to use the i.am+ Software and the Services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the i.am+ Software and Services.
- Using the i.am+ Software and Services in some circumstances can distract you and may cause a dangerous situation (for example, you should avoid typing texting while driving a car or using headphones while riding a bicycle). By using the i.am+ Software and the Services you agree that you are responsible for observing rules that prohibit or restrict the use of any devices (for example, the requirement to use hands-free options for making calls when driving).
- You agree that the Services contain proprietary content, information and material that are owned by i.am+, its affiliated companies, its third party suppliers and licensors or other third parties, and are protected by applicable intellectual property and other laws, including but not limited to copyrights. You agree that you will not use such proprietary content, information or materials other than for permitted use of the i.am+ Software and the Services or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or i.am+.
- You further agree not to use the i.am+ Software or the Services in any manner to harass, abuse, stalk, threaten, defame, fraud or otherwise infringe or violate the rights of any other party (including privacy or proprietary rights), and that i.am+ is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the i.am+ Software or the Services.
- You hereby agree to use the i.am+ Software and the Services in accordance with applicable law and regulations.
- Age. The i.am+ Software and the Services are aimed at a general audience and are not directed to children under the age of 13.
- Copyright Policy.
If you would like to report about a violation of copyrights or trademark, please email us at email@example.com.
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically or otherwise cease to be effective without notice from i.am+ if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the i.am+ Software. Sections 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17 and 18 of this Agreement shall survive any such termination.
- Disclaimer of Warranties.
- We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.
- Except as otherwise expressly stated herein, you expressly acknowledge and agree that, to the extent permitted by applicable law, use of the i.am+ Software, the Services and any services performed by or accessed through the i.am+ Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
- Except as otherwise expressly stated herein, to the maximum extent permitted by applicable law, the i.am+ Software and Services are provided "AS IS" and "AS AVAILABLE", with all faults and without warranty of any kind, and i.am+ (including its affiliates, agents, principals or licensors) hereby disclaims all warranties and conditions with respect to the i.am+ Software and Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.
- Except as otherwise expressly stated herein, i.am+ does not warrant against interference with your enjoyment of the i.am+ Software and Services, that the functions contained in, or services performed or provided by the i.am+ Software will meet your requirements, or that the operation of the i.am+ Software and Services will be uninterrupted or error-free, that any service will continue to be made available, that defects in the i.am+ Software or Services will be corrected, or that the i.am+ Software or the Services will be compatible or work with any third party software, applications or third party services. Installation of the i.am+ Software or Services may affect the availability and usability of third party software, applications or third party services, as well as i.am+'s services and products.
- You further acknowledge that the i.am+ Software and Services are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the i.am+ Software or Services could lead to death, personal injury, or severe physical or environmental damage, including without limitation the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems.
- Except as otherwise expressly stated herein, No written or oral information or advice given by i.am+ or an i.am+'s authorized representatives shall create a warranty. Should the i.am+ Software or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
- Limitation of Liability.
- To the extent not prohibited by applicable law, in no event shall i.am+, its affiliates, agents or principals be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data (including without limitation course instructions, assignments and materials), business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the i.am+ Software, Services or any third party software or applications in conjunction with the i.am+ Software or Services, however caused, regardless of the theory of liability (contract, tort or otherwise), even if i.am+ has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
- In no event shall i.am+'s aggregated liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred (U.S. $100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Export Control.
You may not use or otherwise export or re-export the i.am+ Software except as authorized by United States law and the laws of the jurisdiction(s) in which the i.am+ Software was obtained. In particular, but without limitation, the i.am+ Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the i.am+ Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the i.am+ Software for any purposes prohibited by United States law.
- Government End Users.
The i.am+ Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
In the event any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed from the remainder of this Agreement, and such remainder will remain in force and effect. The parties agree to replace any such invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
- Complete Agreement & Governing Language.
This Agreement constitutes the entire agreement between you and i.am+ relating to this subject matter and supersedes all prior or contemporaneous understandings or representations, discussions, negotiations and agreements relating to the subject matter herein, whether written or oral. No amendment to or modification of this Agreement will be binding unless in writing and signed by i.am+. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern, to the extent not prohibited by local law in your jurisdiction.
- Governing Law.
Any Dispute not subject to the Arbitration Provision section below shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, in accordance with the laws of the State of California, excluding its conflict of law principles, and you and we agree to submit to the personal jurisdiction of that court. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, then: (a) this Agreement will be governed by the laws of the jurisdiction of your residence; (b) the below Dispute Resolution and Binding Arbitration Provision shall not apply to you. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
- Dispute Resolution and Binding Arbitration Provision.
- Definitions. As used in this section ("Arbitration Provision"), the terms "i.am+", "we", "us", and "our" refer to i.am+, including its subsidiaries and agents; the terms "you" and "your" refer to you as an individual as well as other individuals you allow to access or use the i.am+ Software, and any legal entity you control, work for, or represent when you access or use the i.am+ Software. The term "Claims" means all claims, disputes, or controversies between you and i.am+ of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the i.am+ Software. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.
- Informal Efforts to Resolve Dispute. If a dispute arises between you and i.am+, you should first attempt to resolve it by sending us an email to firstname.lastname@example.org or by sending the details of your complaint, including your contact information for a response, to the address or fax number listed below. We will attempt in good faith to resolve all Claims submitted this way within thirty (30) days of receipt.
- Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.
- ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.
- IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT BY MAILING OR FAXING AN OPT-OUT REQUEST TO email@example.com OR TO THE ADDRESS OR FAX NUMBER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH US, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF PRODUCTS TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
- Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the JAMS’ rules which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the applicable law, we agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.
- Arbitration Rules. The arbitration will be conducted by the JAMS ("JAMS") under its rules if you are a resident of the United States; if your use of the i.am+ Software has been principally for personal or household use, the JAMS' procedures for consumer-related disputes including the minimum fairness standards will also apply. If you are a resident of a country other than the United States, the arbitration will be conducted by the JAMS in the County of Los Angeles, State of California, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of that court in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.
- The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with at least fifteen years’ experience in consumer and technology transactions and who is also a member of the JAMS roster of arbitrators. If you and we can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then JAMS will select a neutral arbitrator who meets the qualifications. The JAMS rules are available at http://www.jamsadr.com, or by calling 1- 800 – 352- 5267 from inside the United States or +44 207 583 9808 from outside the United States.
- Initiating Arbitration. To begin an arbitration proceeding, you must follow the procedures specified by the applicable JAMS rules as described on their website at: http://www.jamsadr.com.
- Time Restriction. PLEASE NOTE YOU MUST FILE A COMPLAINT WITH JAMS OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
- Arbitration Process. Arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the JAMS that is the most convenient for you.
- The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable JAMS rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
- Law. In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California, without regard to its conflicts of law provisions. At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the JAMS rules or the applicable law.
- Confidentiality. You and us shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.
- Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of your access to or use of any i.am+ Software and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.
Contact details:I Am Plus Electronics
809 N. Cahuenga blvd.
Los Angeles, 90038