WomenMenWomenMenLast Updated on July 1, 2021
THESE TERMS OF USE (THIS “AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU”, “YOUR” or “USER”) AND REVERSIBLE INC. (“WE”, “US”, “REVERSIBLE” OR “COMPANY”), THE OWNER AND OPERATOR OF THE COMPANY’S WEBSITE AND THE REVERSIBLE MOBILE APP (COLLECTIVELY, THE “PLATFORM”). THIS AGREEMENT STATES THE TERMS OF USE THAT GOVERN YOUR USE OF THE PLATFORM. BY ACCESSING AND USING THE PLATFORM, YOU ARE INDICATING THAT YOU ACCEPT AND AGREE TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED, AND YOU MUST NOT, ACCESS OR USE THIS PLATFORM. YOUR USE OF THIS PLATFORM AND ANY SERVICES AND MATERIAL PROVIDED ON OR THROUGH THIS PLATFORM IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
You must be at least eighteen (18) years old to use the Platform. You represent and warrant to us that your registration and use of the Platform is in compliance with any and all applicable laws and regulations, and you will not use the Platform for any illegal purposes.
To access certain features, services or material available through this Platform, you must register for an account which will require you to provide, among other things, your name, address and email address and for you to create a unique username and password. When creating this account, you represent and warrant that all registration information is complete, true and accurate in all respects and that you will maintain and promptly update such information to keep it complete, true and accurate. We reserve the right to block, remove, or otherwise delete any user that provides false, inaccurate and/or incomplete information. You shall protect and maintain the confidentiality of your password and are solely and fully responsible for all activities that occur under your account, even if not authorized by you. You agree to not let anyone else access your account and to notify us immediately of any unauthorized use of your account or any other breach of security.
You may cancel your account at any time by contacting and requesting termination from here. You agree that your account is not terminated unless and until you have received email verification from the Company confirming the termination of your account. We may terminate or suspend your account without notice or liability if you violate any provisions set forth in this Agreement or if any information you provide is incomplete, untrue or not accurate.
If you are accessing the Platform through a third-party website, mobile app or service that are not owned or controlled by Company (“Third-Party Platform”) such as Facebook, Instagram, you may be required to provide your login credentials for such Third-Party Platform. By providing your Third-Party Platform login credentials to us, you are consenting to have the information in those accounts transmitted into your Reversible account. You shall only use Third-Party Platform accounts owned by you and not by any other person or entity. Any use of Third-Party Platforms to access your Reversible account is subject to the terms and conditions and privacy policies of such third parties.
The Platform is an electronic platform focusing on the fashion category, with features that include the buying/selling of certain products and social media where users can sell or purchase fashion clothing and other products (“Products”) through the Platform, search for products and be redirected to third party e-commerce websites for sale of goods (“Third-party E-Commerce Websites”) to purchase Products, communicate and share with other users thoughts about their shopping experience, Products or others, and follow other users to receive recommended information or updates. Any individual or business who uses service of our Platform to search, buy, sell and share Products is referred to as a “user”. Users of the Platform who list and offer to sell Products through the Platform or through Third-party E-Commerce Websites linked to the Platform are herein referred as “Sellers”. Users of the Platform who bid for or purchase Products listed or offered to sale by Sellers through the Platform or through Third-party E-Commerce Websites linked to the Platform are referred to as “Buyers”.
If you agree with another user on the terms of the sale of Products, you form a contract directly with such other user as set forth in Section 5. The Company is not responsible for the terms nor have control over performance of any contract between users (including but limited to shipping or payment) or any fraudulent actions of users.
You acknowledge and agree that a legally binding contract with another user (the “Sale Contract”) is formed when you and that user agree on the terms of sale and purchase of a Product. The terms of the Sale Contract include the terms set forth in this Article 5, and contractual terms accepted by you and the other user. The Company is not a party to any Sale Contract. The Company disclaims any agency or authority to act on behalf of any user, and assumes no liability for any acts or omissions of any user, either within or outside the Platform. The Company is not responsible for any users’ withdrawal from the Platform prior to their full performance of any Sale Contracts to which they are a party.
Buyer shall pay Seller the agreed price for Products that the Buyer orders and other applicable costs pursuant to the Sale Contract between the parties. Buyer and Seller shall be solely responsible for performance of their respective obligations under their Sale Contract and all tax obligations (if any) relating to the Products or Sale Contract.
You, as a user of the Platform, contract for the purchase and sale of Products directly with other users of the Platform. The Company is and will not be a party to any contract for such Products or services. Payment for Products purchased through the Platform is made directly by users via third-party payment processor providers such as PayPal or Stripe (“Payment Processors”) and not by or through the Company. The Company is not obligated to compensate any user’s failure to pay purchase price.
All payments for sale of Products within the Platform will be made through PayPal, Stripe or other Payment Processors. For the purpose of the process of payment, users shall register and create their valid accounts in PayPal, Stripe or other Payment Processors and provide their valid credit, debit card or bank account information to such Payment Processors. Payments for sale of Products within Third-party E-Commerce Websites will be governed by relevant policies of Third-party E-Commerce Websites. Please review relevant payment policies of Third-party E-Commerce Websites before you make any payment through Third-party E-Commerce Websites.
Users of the Platform will be liable for any taxes, handling fees or payment processing fees (if applicable) required to be paid for sale of Products under any Sale Contract.
The Company reserves the right (but not the obligation) upon request from Buyer or Seller, or upon notice of any potential fraud, unauthorized charges or other misuse of the Platform, to (i) place on hold any payment of purchase price, shipping costs or other out of pocket expenses, or (ii) refund or provide credits, or arrange for PayPal, Stripe or other Payment Processors to do so.
We currently charge no service fee for the sale of Products completed through our Platform nor for any other service the Platform provides. However, we may reserve the right to begin to charge Sellers and/or users of the Platform either commission fees or subscription fees based on the price of the Products sold through our Platform as a Platform fee in the future (the “Platform Fee”). The Company reserves the right to charge a Platform Fee and subsequently change the rate of such Platform Fee at any time with or without notice to you. If the Company does start to charge Platform Fee or subsequently changes any Platform Fee, which we reserve the right to do in our sole and absolute discretion, we may provide notice of such change in Platform Fee on the Platform itself or via an email to you. Your continued use of the Platform after the charge or change of any Platform Fee becomes effective constitutes your agreement to pay the changed amount of Platform Fee.
You agree to provide accurate, current and complete information when and as required for accessing and/or using this Platform. The Company’s Privacy Policy explains how your personally identifiable information is collected, used and disclosed. You agree to be bound by the terms of Company’s Privacy Policy which can be found at Privacy Policy. We respect your privacy and will use information provided by you only in accordance with this Agreement and the Privacy Policy.
All information, content, text, words, images, logos, graphics, interfaces, icons, audio, video sounds, data compilations, software, downloads, and other material or content displayed on or made available through the Platform (collectively, “Content”), excluding User Content which users hereby grant us a license to use as set forth in Section 8.4, is the property of the Company and protected by United States and international copyright and other laws.
Subject to your compliance with this Agreement, the Company hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access and make personal noncommercial use of the Platform and the Content. You may not copy, modify, reproduce, retransmit, publicly display or perform, distribute or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Platform and Content automatically terminates without notice to you. All rights not expressly granted to you in this Agreement are reserved and retained by the Company.
You hereby represent and warrant that you will not, and will not induce or encourage any third-party to: (a) attempt to disable or circumvent any security mechanisms used by the Platform or otherwise attempt to gain unauthorized access to any portion of the Platform or any other systems or networks connected to the Platform, or to any server of Company or its third-party service providers, by hacking, password “mining,” or any other illegal or unlawful means; (b) use any “deep-link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy or monitor any portion of the Platform or any Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Platform or with any other person’s use of the Platform; (d) track or seek to trace any information on any other person who visits the Platform; use the Platform or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; (e) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any proprietary software used to provide or maintain the Platform or any Content or that is otherwise applicable to the Platform or any Content; (f) remove, obscure or alter any legal notices, including without limitation notices of intellectual property rights appearing in or on the Company’s proprietary information or any materials delivered to you by Company; or (g) reproduce, distribute, display, modify or make derivative uses of the Company’s proprietary information or the Content, or any portion thereof (except for any Content for which you have been given written permission), except as expressly provided herein.
The Platform may offer you the opportunity to post and/or submit profile information, Products posting, videos, photos, reviews, comments, ratings, chat messages with other users, and other content on the Platform (collectively the “User Content”). By submitting User Content, you grant to Company an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, exhibit and display such User Content throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without compensation or acknowledgement of its source. You further agree that Company is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Company without any monetary or other obligation to you. To the maximum extent permitted by law, you waive any and all “moral rights” you may have in User Content.
You agree not to post on or transmit to the Platform or otherwise provide to the Company any User Content or other material that:
You are solely responsible for your User Content and you agree to defend, indemnify and hold harmless Company and its owners, shareholders, officers, directors, employees, contractors, representatives, agents, successors and assigns from and against any losses, expenses, liabilities, claims, costs and damages (“Claims”) arising from your User Content, including but not limited to, any Claim(s) arising out of breach of this Agreement or for infringement of copyright, trademark, patent or other proprietary rights. You understand and acknowledge that User Content may be published, and that Company has no obligation to keep such User Content confidential. You further agree that any User Content you provide does not contain any confidential, proprietary or trade secret information of any third-party. We have no obligation to store, keep copies or return any User Content.
We reserve the right to take any action with respect to User Content that we deem necessary or appropriate in our sole discretion if we believe any User Content violates this Agreement, is inappropriate on the Platform, may create liability for Company, or may cause Company to lose (in whole or in part) the services of its internet service provider, advertisers, or other suppliers. Such action may include, but is not limited to, removing, deleting, modifying or altering User Content, either with or without notice to you.
You hereby acknowledge and agree that the Company or its licensors own, control or possess all legal right, title and interest in and to the Platform and all Content (except as otherwise stated herein regarding User Content), including but not limited to any copyrights, trademark rights, patent rights, moral rights, and other intellectual property and/or proprietary rights therein, whether such rights are registered or unregistered, and wherever in the world those rights may exist. your use of the Platform and access to the Content does not grant or otherwise confer to you ownership of any kind in the Platform or any Content that you may access on or through this Platform. Unauthorized use is strictly prohibited.
The information contained on the Platform is made available solely for general information and for facilitating connections and sale of Products between Sellers and Buyers. We do not warrant the accuracy and will not be liable for completeness, or usefulness of this information. In particular, we do not warrant and will not be liable for any real time accuracy of foreign exchange rates if we choose to provide options of displaying prices in different currencies for a product. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other users to the Platform, or by anyone who may be informed of any of its contents.
This Platform may include content provided by users or other third-parties. All statements and/or opinions expressed in or by such content, including all posts and responses to questions or requests and other material, other than the Content provided by the Company, are solely the opinions and the responsibility of the party providing such content or material. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third parties.
As part of the service the Platform provides, you may choose to post a listing for Products to be sold on the Platform (a “Listing”). You hereby acknowledge and agree that: (i) you are solely responsible for the accuracy and content of any Listing; (ii) User Content, including without limitation any Listing and messages you send to other users, that violates this Agreement or any applicable law may be modified or deleted at our sole discretion; (iii) we may modify or move your certain Listings from one category to another within our Platform at our sole discretion; (iv) we reserve the right in our sole discretion to delete any Content (including any Listings) for any reason whatsoever without notice to you, including without limitation because we believe for any reason that a Listing may include replica (and not original) or counterfeit items; (v) if you accept payment by a Buyer, you enter into a legally binding Sale Contract with the applicable Buyer, pursuant to which (A) you agree to ship your listed Products to such Buyer in accordance with your agreement with such Buyer and (B) title to and ownership of such goods automatically passes to that Buyer upon your shipment of such listed Products unless you and that Buyer agree otherwise; (vi) your sales through the Platform are transactions between you and the applicable Reversible user and not with us or any of our affiliates, we are not a party to any Sale Contract or payment transaction for such sales between you and the applicable Buyer, and we do not transfer legal ownership of applicable Products from an applicable Seller to an applicable Buyer and have no responsibility or liability in connection therewith; and (vii) you hereby represent and warrant that you are the owner of any Products that you include in a Listing, free and clear of any liens or encumbrances. We do not take, assume or transfer legal ownership of any items included in a Listing. You, as a Seller, acknowledge that you hold title to any such items, we are not a consignee, bailee, agent or auctioneer with respect to such items and we are merely an interactive service provider.
As part of the service the Platform provides, you may submit an offer to buy Products included in a Listing through the Platform or through Third-party E-commerce Websites. All Products included in Listings are provided by users and not by Reversible. You hereby acknowledge and agree that: (i) you are solely responsible for reading the full item listing before offering a bid or commitment to buy; (ii) we have not verified and are not responsible for the truth or accuracy of the information contained in the Listing or Third-party E-commerce Websites, and applicable Seller or Third-party E-commerce Websites are solely responsible for the accuracy and content of any Listing or Product information; (iii) when you use the Platform to commit to pay a certain amount of money to an applicable Seller for Products included in an applicable Listing and you are notified through the Platform that such Seller accepts such offer, you enter into a legally binding Sale Contract with such Seller to attempt in good faith to purchase such Products in accordance with the Sale Contract between you and that Seller; (iv) your purchases through the Platform are transactions between you and the applicable Reversible user and not with us or any of our affiliates, we are not a party to the Sale Contract between you and the applicable Seller or your payment transaction for such purchases, and we do not transfer legal ownership of items from the Seller to the Buyer and have no responsibility or liability in connection therewith; (v) we do not employ or control any Third-party E-commerce Websites, (vi) we do not design, manufacture, store, ship or otherwise control any goods or services made available for purchase by Reversible users or Third-party E-commerce Websites and (vii) we do not make any representations or warranties with regard to any Products made available through the Platform, including but not limited to the quality or functions of the Products, or your potential related experiences.
Prior to purchasing Products described on Platform from Sellers, you are advised to independently verify the applicable information and read any applicable Sellers’ sales, legal and privacy policies. Although we may choose in our sole discretion to intervene or attempt to resolve a dispute between you and the applicable Seller, you agree that we have no obligation to do so and that all transactions are ultimately solely between you and the applicable Sellers. In order to submit an offer to purchase Products through the Platform, you must be at least 18 years old and have a valid payment method (such as PayPal or Stripe account), with full authority to use it.
The Platform may provide links to Third-Party Platforms, including but not limited to Third-party E-Commerce Websites and Payment Processors, or social media platforms (e.g. Twitter, Facebook or Instagram) or advertisement links. We provide such links as a convenience to you, to help you search, buy, sell or share products, or for payment for any services and products. We do not review, approve, endorse or make any representations about such Third-Party Platforms, the companies or persons who own and/or operate them, or any information, content, software or other products and services made available through such Third-Party Platforms, or any results that may be obtained from using them. If you decide to access any such Third-Party Platforms linked to the Platform, you are solely responsible for your activities conducted in connection with such Third-Party Platforms. Your use of Third-Party Platforms is subject to the terms of use and privacy policies located on the Third-Party Platforms which may be different from this Agreement or our Privacy Policy and, therefore, we recommend that you review such Third-Party Platform privacy policies. Your interactions with other users of the Third-Party Platforms are solely between you and the other users. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party’s use or disclosure of personally identifiable information supplied to such third party by you. You further acknowledge and agree that we are not responsible if any third-party website or company removes Content, reviews, or information from the Internet.
A Product purchased by users from any Third-party E-Commerce Website linked to the Platform, is governed by and subject to the applicable policies of any Third-party E-Commerce Website, including applicable exchange and shipping policies. You agree that we are not agents of any Third-party E-Commerce Website and that Third-party E-Commerce Websites operate independently and are not under our control. Accordingly, your participation in offers or promotions of, correspondence with, or placing order with any Third-party E-Commerce Website is solely between you and that Third-party E-Commerce Website. We do not assume any liability, obligation or responsibility for any part of such correspondence, order, offer or promotion, including, without limitation, the withdrawal or modification of any such offer, promotion or order. The Company is not responsible for any changes to, or discontinuance of, any Third-party E-Commerce Website.
The Platform is offered by Reversible from its facilities in the United States of America. Reversible makes no representations that the Platform is appropriate or available for use in other locations. Users who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with local laws. Software available in connection with the Platform and the transmission of applicable data, if any, is subject to United States export control laws. No software may be downloaded from the Platform or otherwise exported or re-exported in violation of the export control laws of the United States.
The Company cannot and does not represent or warrant that the Platform, its server or any service will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements. The Platform will occasionally experience outages, during which you and other users will not be able to login, view or operate our Platform. We do not represent or warrant that the Platform and all Content is free of viruses or other harmful components and expressly disclaim and shall not be liable for damages of any kind arising from the use or unavailability of the Platform, including any viruses or other harmful components or content that may reside on or emanate from the Platform or your use or access of the Platform.
THE PLATFORM, CONTENT, MATERIAL, PRODUCTS AND SERVICES ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. THE COMPANY, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OWNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY THE “COMPANY RELEASED PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, CONTENT, MATERIAL, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PLATFORM OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, CONTENT, MATERIAL, PRODUCTS OR SERVICES WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE USE OF THE PLATFORM, CONTENT, MATERIAL, PRODUCTS OR SERVICES IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE. YOUR USE OF THE PLATFORM, CONTENT, MATERIAL, PRODUCTS AND/OR SERVICES IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM, CONTENT, MATERIAL, PRODUCTS OR SERVICES.
IN NO EVENT SHALL ANY COMPANY RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR CONTENT OR LOSS OF THE USE OF THE PRODUCTS OR CONTENT, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A COMPANY RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, IN NO EVENT SHALL COMPANY RELEASED PARTIES BE LIABLE FOR ANY MISTAKES, CONSUMER ALERTS, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY IN ANY CONTENT, NOR SHALL COMPANY RELEASED PARTIES BE LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR ANY OTHER INFORMATION OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, PERSONAL HOME PAGE OR OTHER INTERACTIVE AREA, WHETHER OR NOT PART OF THE PLATFORM.
THE PLATFORM CONNECTS USERS FOR THE PURPOSES OF FACILITATING PURCHASE AND SALE OF PRODUCTS BETWEEN USERS THROUGH THE PLATFORM. THE PLATFORM WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USERS TO BUY OR SELL PRODUCTS, OR THE QUALITY, SUITABILITY OR FUNCTIONS OF THE PRODUCTS POSTED BY SELLERS, NOR WILL THE PLATFORM VERIFY THE TRUTH OR ACCURACY OF PRODUCT INFORMATION POSTED BY SELLERS. YOU EXPRESSLY WAIVE AND RELEASE COMPANY RELEASED PARTIES FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE PRODUCTS OFFERED TO BE SOLD THROUGH THE PLATFORM OR ANY SALE CONTRACT BETWEEN USERS. THE COMPANY IS NOT A PARTY TO ANY SALE CONTRACT BETWEEN USERS, NOR WILL THE COMPANY BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU AND ANY OTHER USERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING PURCHASE OR SALE OF PRODUCTS VIA THE PLATFORM (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ANY COMPANY RELEASED PARTIES’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH COMPANY RELEASED PARTIES’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to defend, indemnify, and hold the Company Released Parties (as defined above) harmless from and against any and all losses, liabilities, damages, and/or claims (including, without limitation, attorney’s fees and costs) arising from:
If you fail to strictly comply with this Agreement, the Company reserves the right, in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Platform and access Content; (b) block or prevent your future access to and use of all or any portion of the Platform and any Content; and (c) change, suspend or discontinue any aspect of the Platform, the Content or your user account. In addition, your license shall terminate immediately, without notice, if you fail to strictly comply with this Agreement. Upon any termination of your license, you will discontinue use of the Platform and any Content and the Company’s proprietary information and, if applicable, delete all copies of the Company’s proprietary information from your browser, web servers, servers and any other location where Company’s proprietary information has been saved. Upon termination of your license, you will no longer have access to the Platform or any of the Content contained thereon.
The validity, interpretation, and performance of this Agreement shall be controlled by and construed in accordance with the laws of the State of California without regards to its conflicts of laws principles.
The Company is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user of the Platform or other third party. Disputes between you and the Company are subject to this Article 16. To help facilitate expedient and cost-effective dispute resolution, you and the Company agree to first attempt to negotiate any Dispute informally for at least 30 business days from your written notice of the Dispute before initiating arbitration as stated herein.
Except as prohibited by law, any dispute, controversy, or claim regarding the enforcement or interpretation of this Agreement, your use of the Platform, your relationship with the Company, or Products (Each a “Dispute”), will be resolved through binding arbitration under the Comprehensive Arbitration Rules and Procedures of JAMS or pursuant to the JAMS Streamlined Arbitration Rules and Procedures in Santa Clara County, California. THE PARTIES UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES THEY ARE WAIVING ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of the parties to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE JURISDICTION OF ANY COURT OR JAMS TRIBUNAL IN SANTA CLARA COUNTY TO RESOLVE ANY DISPUTE OR CONTROVERSY ARISING FROM OR RELATING TO THIS AGREEMENT.
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Neither you nor the Company has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
The Company may add to, change or remove any part of the Platform, including, without limitation, any Content, at any time without prior notice to you. We also reserve the right to modify or otherwise amend this Agreement at any time. When we make changes to the Agreement, we will revise the “Last updated” date at the top of the Agreement and we will notify you of the changes by prominently posting a notice of such changes on the Platform and/or by sending you an email. We encourage you to review this Agreement whenever you visit the Platform. By continuing to access and use the Platform after any such changes have been posted, you are indicating your acceptance of such changes, even if you have not reviewed the changes.
Whenever you visit our Platform or send emails to the Company, you are communicating with Company electronically. For that reason, you also consent to receive communications from the Company electronically. We will communicate with you by email (if you have provided your email address to Company), by posting notices on our Platform or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.
The Company’s failure to exercise, partially exercise or delay in exercising any right or remedy under this Agreement shall not operate as a waiver or estoppel of any right, remedy or condition.
If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.
This Agreement and the Company’s membership agreement, as may be amended from time to time, and any other terms or privacy policies referenced herein, is the entire agreement between you and the Company and supersedes any prior agreement or understanding regarding anything connected to that subject matter.
You may not assign or otherwise transfer your rights, or delegate your performance, under this Agreement to a third-party without Company’s prior written consent. Any unauthorized transfer shall be void. Company may assign or transfer its rights or delegate any performance under this Agreement to any third-party in its sole discretion.
The Platform is operated by the Company. Any feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: support@reversible.com.