SoulSence Terms of Use

Welcome to SoulSence (“SoulSence ”, “us”, “our”, and “we”), provider of the SoulSence platform including: the application (App), website, and services (referred to as ‘Platform’). These Terms of Use explains the how you may use the Platform (website, App, and service). By downloading, accessing or using the Platform, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the SoulSence Privacy Policy. SoulSence reserves the right to make unilateral modifications to these terms. This Agreement applies to all visitors, users, and others who download, access or use the ‘Platform’ (“Users”). PLEASE READ THIS AGREEMENT CAREFULLY, IF YOU DO NOT AGREE WITH ALL OF THESE TERMS IN ITS ENTIRETY, DO NOT ACCESS AND/OR USE THE PLATFORM. THESE TERMS OF USE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PLATFORM. BY ACCESSING OR THE PLATFORM, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, ARE OF LEGAL AGE TO FORM A BINDING CONTRACT, AND YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) WITH SOULSENCE. THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Account

Your account gives you access to the Platform and functionality that we may establish, maintain, redesign, restructure and modify from time to time and in our sole discretion. When connecting the Platform to third-party services, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User’s account without permission.

When creating your account, you must provide accurate and complete information and  represent and warrant that you are at least thirteen (13) years of age. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.  “Strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) are encouraged with your account. SoulSence must be notified immediately of any breach of security or unauthorized use of your account. SoulSence will not be liable for any losses caused by any unauthorized use of your account.

Creating an account with a false identity, information or for the purpose of impersonating, misleading, confusing, deceiving or misrepresenting yourself or others is prohibited.

SoulSence reserves the right in its sole discretion to suspend or terminate your Account and/or refuse any and all current or future use of the Platform at any time for any reason.

We may require modification of your account name, content or information anytime at our discretion if they are offensive, infringe on any rights, can be confused with other users, are reserved by SoulSence or to meet future requirements.

You agree that SoulSence will not be liable to you or to any third party for any suspension or termination of your Account or any refusal of any use of the Platform.


Third Party Services

The Platform allows users to connect with Third Party Services such and social networks, media, music apps, sites and services. You represent that you are entitled to grant us access to your Third Party accounts so we may access, make available, and store any information, content, or other materials that you have provided to or stored without violating any terms and conditions by connecting your accounts to SoulSence.

PLEASE NOTE SoulSence has no obligation to pay any fees for your account access or usage and no responsibility or liability for your relationships with Third Party Services which are governed by your third party agreements. We do not claim liability for content or personally identifiable information that may be provided from your third party accounts for accuracy, non-infringement, accuracy or legality.


License

SoulSence grants, for your personal use, a non-commercial, non-transferable, non-exclusive, revocable limited license for the Platform. We make no representation that the Platform is appropriate for use in locations other than the United States.

You agree to comply with the terms, services and license agreements of all third party services and application stores (Apple, Google, etc) while using, accessing or installing the Platform.


Restrictions

Your limited license restricts you from renting, selling, leasing, transferring, copying, distributing, licensing, assigning, modifying, reverse engineering, deconstructing, creating derivative works, reverse compiling, commercially exploiting, creating similar or competitive apps, websites, services or content. You may only use the Platform for the intended purposes stated in the Terms or intentionally granted through the Platform.

You agree that SoulSence will not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform and with or without notice to you, may at any time for any reason, modify, suspend, or discontinue the Platform.  

SoulSence has no obligation to provide you with any support, maintenance, corrections, updates, upgrades, bug fixes, in connection with the Platform.

Any update that is offered may amend these Terms without specific notice to you.

Use of the Platform acknowledges review and acceptance of the updated terms.

The intellectual property rights including, but not limited to, copyrights, patents, trademarks, names, product, logos and trade secrets in the Platform (excluding content created by the user) are the sole property of SoulSence and subject to protection under U.S. and foreign copyright laws. Unless expressly granted in writing, these Terms or access provided to the Platform do not grant you rights or license to use or transfer any property of SoulSence outside of the basic Terms for use. All rights not granted in these Terms are reserved by SoulSence and there are no implied licenses granted under these Terms.

Feedback

You agree to not submit any feedback that is confidential or proprietary and that you have all rights to submit feedback. Feedback supplied to SoulSence will be treated as non-confidential, non proprietary and may be exploited either commercially or non-commercially. By submitting feedback you grant SoulSence a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format and create derivative works without obligation.

User Content

Content you share in the Platform is publicly viewable.

You are solely responsible for the content you share, submit or publish and may be liable if your content violates the Terms, Privacy or rights of  SoulSence, other users or third parties. SoulSence has no liability to you or third parties for the accuracy or completeness of your content.

You agree that any submitted content will not violate any Acceptable Use policies and is not sponsored, endorsed or provided by SoulSence.

You agree to not provide any content or information that violates the confidentiality, rights or obligations you have to third parties.

We do not guarantee confidentiality for your content and you are responsible for any content that personally identifies you or third parties.  

We have no obligation to backup, archive, secure, transmit or restore your content and it may be deleted without notice for any reason.

SoulSence has no obligation to screen content, but reserves the right to refuse or delete any content or information for any reason at its discretion, including, but not limited to, user profiles, symbols, emojis, posts or expressions of any kind which appear on your user account, and comments you provide on other users, music, or accounts.

We hold no liability to you or to any third party for content or information removal.

Users own their own content and warrants, represents and affirms they have the necessary rights and permission to share, post or publish content to the Platform and grant SoulSence a perpetual, irrevocable, transferable, nonexclusive, royalty-free and fully paid, worldwide license to use, distribute, share, reproduce, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit the user content, and to grant sublicenses of the foregoing rights, for the purposes of including the user content in the Platform and operating, improving, marketing and providing the Platform.

By sharing, posting or publishing content to the Platform you irrevocably waive any claims and assertions of moral rights or attribution with respect to your content and grant each user of the Platform a non-exclusive license to access your User Content through the Platform, and to use, reproduce, distribute, share, display and perform the user content as permitted through the functionality of the Platform and under these Terms.

Users of the Platform are responsible for their own content. You acknowledge and agree that SoulSence is not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users of the Platform are solely between you and such users. You agree that SoulSence will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Platform, we are under no obligation take any action or refrain from taking any action or otherwise to become involved.


Acceptable Use Policy

The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Platform to collect, upload, transmit, display, or distribute any Content or material that:

*is harmful to minors, unlawful, tortious, threatening, invasive of another’s privacy, vulgar, defamatory, false, abusive, harassing, intentionally misleading, harmful, trade libelous, obscene, pornographic, sexually explicit, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable

*violates any laws, regulations,restrictions of a third-party or any third-party rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

* is, contains or links to any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

*is, contains or links to any computer viruses, worms, or any software intended to damage or alter a computer system or data

You also agree not to:

*collects, gathers or assembles information or data regarding other users, including email addresses, profiles or private information without their consent;

*harass, bully , abuse, provoke, troll, or otherwise interfere with any other user’s use and enjoyment of the Platform;

*attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Platform) by any other means

*interfere with, disrupt, or burden  servers or networks connected to the Platform, or violate the regulations, policies or procedures of any networks;

*use software, automated agents, scripts to create multiple accounts on the Platform, or to generate automated searches, requests, queries, strip, scrape, or mine data from the Platform

Violations of Terms & Acceptable Use

SoulSence reserves the right to investigate violation of these terms. If, SoulSence  believes that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. SoulSence is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Platform, including your content, account information and metadata to comply with applicable laws, legal process or governmental request;

*enforce the Terms,

*respond to any claims of 3rd party rights violation

*protect the rights, property or personal safety of SoulSence, its users or the public

If SoulSence determines, at its sole discretion, breach of terms, use, or activity detrimental to SoulSence we reserve the right to terminate your account and access to the Platform. On termination of your account and access you shall not re-register or use any means to continue to access the Platform.  

Application Stores

These terms are between you and SoulSence and not with the application Store and that delivered the app.

The application store has no responsibility or obligation for maintenance and support services with respect to the Platform or content provided.

Any product warranties express or implied by law, to the extent not effectively disclaimed, are the responsibility of SoulSence. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify the application store , and the application store will refund the purchase price for the Licensed Application and that, to the maximum extent permitted by applicable law, the application store will have no other warranty obligation whatsoever with respect to the Licensed Application. Any claims relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation should be addressed to SoulSence and not the application store. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the application store, and its subsidiaries, are third party beneficiaries of these terms, and that, upon your acceptance of the terms and conditions, the application store will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof.


Indemnification

You hereby agree to indemnify, defend and hold harmless SoulSence, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from your (or your Child user’s) violation of these terms, violation of applicable laws or regulations, use of (or inability) to use the Platform, user created or 3rd party content, any activity from your account (by you or a 3rd party), claims of copyright infringement, intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;


3rd Party Links, Ads & Brand Content

Third-Party Links, Ads & Brand Content (referred to collectively as, “3rd Party Links”). The Platform may contain links to 3rd Party websites and services, and/or display advertisements for third parties. Such 3rd Party Links are not under the control of SoulSence, and we are not responsible for any 3rd Party Links. SoulSence provides access to these 3rd Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to 3rd Party Links. You use all 3rd Party Links at your own risk, and should apply caution and discretion in doing so. When you click on any of the 3rd Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such 3rd Party Links.

Release

You hereby release and forever discharge SoulSence (and our officers, employees, agents, successors, and assigns) from, and hereby relinquish and waive, each and every past, present and future dispute, right, claim, demand, obligation, liability, action and cause of action of every kind and nature (including property damage, death, and  personal injuries), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform (including any interactions with, or act or omission of, other users of the Platform or any 3rd Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ANY CONTENT, PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE PLATFORM ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS,  WITH ALL FAULTS AND WITHOUT WARRANTY OR LIABILITY OF ANY KIND. SOULSENCE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS AND LIABILITY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORM AND ANY CONTENT, PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE PLATFORM EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PLATFORM, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS ON DURATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOULSENCE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM , HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF SOULSENCEHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOULSENCE AND YOU.


Term & Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Platform. You may terminate your Account at any time, for any reason, by following the instructions on the Platform or uninstalling the App. We may suspend or terminate your account and rights to use the Platform at any time for any reason at our sole discretion, including for any use in violation of these Terms. On termination of your rights under these Terms, your Account and right to access and use the Platform will terminate immediately. Termination of your Account may involve deletion of your User Content associated with your Account from our live databases. SoulSence will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.


Copyright Policies

We reserve the right to delete any content that infringes on an active copyright and delete the account or access of any user that infringes on a copyright, intellectual property or violates copyright law.

If you believe that shared content or material infringes on an active copyright (pursuant to 17 U.S.C. § 512(c)) please provide the following:
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

SoulSence
c/o Gene Hogsett
5042 Wilshire Blvd #950
Los Angeles, CA 90036

support@soulsence.me

Term Revisions

These Terms may be revised,  if there are substantial changes, the updated terms will be posted on the Platform. Your continued use of the platform means you accept and agree to be bound by the revised terms. The revised terms will be effective immediately for new users of our Platform.

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury

Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with SoulSence and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by SoulSence that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and SoulSence, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to SoulSence should be sent to:

SoulSence
c/o Gene Hogsett
5042 Wilshire Blvd #950
Los Angeles, CA 90036

After the Notice is received, you and SoulSence may attempt to resolve the claim or dispute informally. If you and SoulSence do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. If you reside outside of the U.S. the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or SoulSence pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and SoulSence , and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and SoulSence.
(g) Waiver of July Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and SoulSence in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND SoulSence WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Arbitration Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(l) Survival. This Arbitration Agreement will survive the termination of your relationship with SoulSence.
(m) Small Claims Court. Notwithstanding the foregoing, either you or SoulSence may bring an individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within California, for such purpose.
(q) Governing Law. These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Disclosures

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Export

You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from SoulSence, or any products utilizing such data, in violation of the United States export laws or regulations.

Events

While SoulSence is generally supportive of third party events and may provide branded promotional materials to help organizers. SoulSence does not sponsor, oversee or in any way control third party events. You hereby acknowledge and agree that your attendance and participation in any event is entirely at your own risk and SoulSence does not bear any responsibility or liability for the actions of any users or any third parties who organize, attend or are otherwise involved in any events.

Competitions and other promotions

SoulSence users may promote competitions, promotions, prize draws and other similar opportunities on the Platform. SoulSence is not the sponsor or promoter of these Third Party Promotions, and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer or are otherwise involved in any promotion of these Third Party Promotions. If you wish to participate in any of these Third Party Promotions, it is your responsibility to read the terms and conditions applicable to the relevant Third Party Competition and to ensure that you understand the rules and any eligibility requirements, and are lawfully able to participate in such Third Party Promotions.

Communications

SoulSence use electronic means for communications, through the Platform emails, or notices posted on the Platform. For contractual purposes, you consent to receive communications from SoulSence in an electronic form; agree that all terms and conditions, agreements, notices, disclosures, and other communications that SoulSence provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hard-copy writing. The foregoing does not affect your non-waivable rights.

Force Majeure

SoulSence shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

These Terms constitute the entire agreement between you and SoulSence for use of the Platform. Our failure to enforce or exercise any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party, You or SoulSence,  is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SoulSence’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms and conditions set forth in these Terms shall inure to the benefit of and be binding upon permitted assignees. SoulSence may freely assign these Terms.

Copyright & Trademark Information

Copyright © 2017 SoulSence.

All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.