These Terms of Service supersede all prior versions.
YOUR USE OF AND ACCESS TO THE SERVICES IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS. You accept these Terms by creating an account with us, through your use of any of the Services, or by continuing to use the Services after being notified of a change to these Terms. If you do not want to agree to these Terms, you must not access or use our Services.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SEE SECTION 12) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
The parties to these Terms are Internet MegaMeeting, LLC (referred to as “MegaMeeting”, “we”, “us” or “our”) and each User of our Service (“you”, “your”). A “User” may be either a Customer, Host or a Participant. A “Customer” is the person (typically, an entity or organization) that has subscribed to our Service. A “Host” is a person, such as an employee or independent contractor of the Customer, to whom the Customer has given the authority to host meetings and use other Services. A “Participant” is a person who has access to or uses the Services, other than a Host. A Participant is bound by these Terms, but is not entitled to the rights and privileges of a Customer or Host. A person who is a Host may also access and use the Services but in that capacity will be a Participant rather than a Host. A “person” is an individual or any type of legal entity. You represent and warrant that you have the right, authority, and capacity to enter into these Terms, on behalf of yourself and/or the entity that you represent for purposes of such access and use. You may not access or use the Site or accept the Terms if you do not have the capacity to enter into a legally binding agreement.
2. ACCESS TO THE SITE
2.1 Right to Use. Subject to these Terms, MegaMeeting grants you a non-transferable, non-exclusive, revocable, limited right to access and use the Services solely for personal use. You are responsible for obtaining all equipment and telecommunications services necessary to use our Services. You are responsible for your Users’ access and use of Services. Each subscription login gives the Subscriber the right to have one meeting at the same time. If the Subscriber wishes to have more than one meeting taking place simultaneously, the Subscriber must purchase the number of subscription logins equal to the number of simultaneous meetings desired.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on or through the Services except in compliance with these Terms and applicable law; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. If you breach these Terms, your right to use the Services will stop immediately and automatically.
2.3 Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) without notice. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. Pricing and payment terms and conditions for use of Services may be amended from time to time without notice to you, except as may be required by any separate agreement between the Customer and MegaMeeting. You agree that we will not be liable to you or to any third party for making or refraining from making any modification, suspension, or discontinuation of the Services.
2.4 No Support or Maintenance. You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the Services unless otherwise specifically provided in our documentation.
3.1 Account Creation. In order to use certain features of the Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on our website. We may suspend or terminate your Account in accordance with these Terms.
3.2 Account Responsibilities. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You are responsible for maintaining the confidentiality of your Account login information; and each Customer is also fully responsible for all activities that occur under your Account, including any use or misuse of our Services by any Host or Participant who access the Services through your Account. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3.3 Eligibility. A. We do not undertake to verify the validity or functionality of the email address provided by any User. It is a violation of these Terms for a User to supply a non-functional, fake, or impersonated email address and user name. B. The Services are available only to persons who are capable under applicable law of forming valid contracts. If you are a natural person using the Services on behalf of an entity, then by registering in the name of the entity and using the Services you represent and warrant that the entity may lawfully agree to these Terms and that you have lawful authority to bind that entity to the terms and conditions of these Terms. If you are a child (under the age of 18 years), or lack legal capacity, then you are not permitted to subscribe to the Services as a Customer. But individuals under the age of 18 or who lack legal capacity may use our Services when invited to join a meeting hosted by a Customer or Host who is 18 or older. In that case, the Customer or Host of the meeting is responsible for obtaining any parental or other consent necessary for use of the Services by persons under age 18 or who lack legal capacity under their accounts.
4. PRIVATE BRANDING / WHITE LABELING
We may permit a Customer to offer a Private Branded / White Labeled version of the Services. “Private Branded” means that we have given a Customer a special, supplemental right to employ our Enterprise product to display the Customer’s brand name(s) to its Users while masking the brand names of MegaMeeting when using the Services.
Any right to offer a Private Branded version of the Services is subject to Customer entering into an additional, separate agreement that sets forth the specific terms and conditions thereof acceptable to MegaMeeting. That agreement (the “White Label Agreement”) will also incorporate these Terms as well as certain mandatory end user and privacy terms. Customer is not authorized to associate its business and brands with any trademark, service mark, trade name, logo, advertising or other commercial symbol confusingly similar to our Marks, nor to state or imply that MegaMeeting endorses Customer’s business, products or services.
5. OWNERSHIP OF INTELLECTUAL PROPERTY
5.1 Reservation of Rights. The Services and their entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, but excluding User Content, defined below) are owned by MegaMeeting, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website or Services (other than User Content), except (i) to the extent expressly permitted in a White Label Agreement to which you and we are parties, and (ii) through use of our API. You also must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Services. No right, title, or interest in or to the Services or any content on our website is transferred to you, and all rights not expressly granted are reserved by us; however, we claim no ownership of any User Content. There are no implied licenses or other rights granted under these Terms.
5.2 Copyright/Trademark Information. Copyright © 2020 Internet MegaMeeting, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on our site or with our Services are our property or the property of our licensors or other third parties. Our Marks include: “Internet MegaMeeting”, “MegaMeeting.com”, “MegaMeeting Starter”, “MegaMeeting Pro”, “MegaMeeting Enterprise”, “MegaMeeting Private Branding”, “MegaMeeting Screen Sharing” and “MegaMeeting White Label”. You are not permitted to use our Marks without our prior written consent or the consent of such third party that owns the Marks.
6. USER CONTENT
6.1 User Content. “User Content” means information that you send, transmit, display or upload in using the Services.
A. You alone are responsible for your User Content, including its legality, reliability, accuracy, and appropriateness. You represent and warrant that (i) you have the legal right and consent of any necessary third party to send, transmit, display or upload User Content and that User Content be processed and used in accordance with these Terms; (ii) you have given third parties any required notices with respect to User Content; and (iii) such processing and use of User Content does not violate, misappropriate, or infringe any rights of any third party.
B. You may expose yourself to liability if, for example, your User Content violates our Acceptable Use Policy. We are not responsible or liable to you or to any third party for the legality, content or accuracy of User Content posted by you or any other User. You assume all risks associated with use of your User Content, including any reliance on its legality, accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You may not represent or imply to others that MegaMeeting provides, sponsors, or endorses User Content.
C. MegaMeeting and the other Protected Parties (defined in Section 7) have no responsibility or liability for (i) User Content transmitted or viewed with our Services, (ii) errors or omissions in User Content, or (iii) any loss or damage of any kind incurred as a result of the use of, reliance on, access to, or denial of access to User Content. We are not obligated to monitor, block, or remove User Content; however, we may do so at any time without notice to you if we determine that it violates these Terms.
6.2 Backup and Virus Protection. If any User wishes to keep their User Content secure, then the User must encrypt such information, and maintain the security of encryption codes and keys, independently of MegaMeeting. This is because we do not control the security of any User’s communications channels, bandwidth, or information technology infrastructure. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. MegaMeeting may, for its own benefit in order to protect its systems against failures and loss of data and to enable resumption and continuation of its website in that event, may maintain parallel, redundant, backup, or other archival systems. Our current policy is to store recordings of meetings conducted through the Service on Amazon servers for as long as the Customer remains an active client in good standing. However, other archived information also is subjected to routine deletion and replacement with more recent material without notice to you and without any responsibility to you. Such archived information may vary from time to time depending upon the technology we use and your information may be included in such archived information, but in all events we do not operate or maintain such systems for your benefit. You are also responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data.
6.3 License. You retain copyright and any other rights that you already hold in User Content you submit, post or display on or through, the Services. You hereby grant (and you represent and warrant that you have the right to grant) to MegaMeeting an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in all events solely for the purposes of including your User Content in the Site and providing Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
6.4 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
A. You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
B. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service 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; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, violate the regulations, policies or procedures of such networks (including by a denial-of-service attack or a distributed denial-of-service attack), or otherwise attempt to interfere with the proper working of the Service; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other User’s use and enjoyment of the Service; (vii) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or (viii) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from our site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
6.5 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms, or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with these Terms and/or reporting you to law enforcement authorities.
6.6 Content May Be Offensive. Your use of the Service may expose you to materials that you consider salacious, obscene, pornographic, hateful, misleading, fraudulent or otherwise objectionable from other Users. You understand and accept this risk. You shall not target children with, and shall not permit children to have access to User Content that should reasonably be considered salacious, obscene, pornographic, hateful, misleading, fraudulent or otherwise objectionable. Nothing in this section shall be construed as authorizing you to transmit, post, deliberately access, or otherwise communicate unlawful materials or otherwise violate our Acceptable Use Policy.
6.7 Feedback. If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we will have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate without compensation to you. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
6.8 High-Risk Use. Our Services are not designed or intended for use during high-risk activities which include hazardous environments requiring fail-safe controls, weapons systems, aircraft navigation, control, or communications systems, and/or life support systems.
6.9 Recording. Some of our Services provide functionality that allows you to record audio, video and data shared during sessions. By using this functionality, you give us consent to store recordings for meetings or webinars that you join, if such recordings are stored in our systems. You are solely responsible for complying with all disclosure, consent, and other applicable laws applicable to your use of recording functionality. If you or another User does not consent to being recorded, you or the User can leave the meeting or webinar. We disclaim all liability for your recording of audio, video or shared data.
OUR SITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND MEGAMEETING (AND OUR AFFILIATES, SUPPLIERS, EQUITY-HOLDERS, EMPLOYEES, MANAGERS, OFFICERS, SUPPLIERS, SERVICE PROVIDERS, AND OTHER CONTRACTORS; COLLECTIVELY, THE “PROTECTED PARTIES”) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. MEGAMEETING (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT OUR SITE OR SERVICES 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 OUR SITE OR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MEGAMEETING (OR THE PROTECTED PARTIES) 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, OUR SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, OUR SITE AND SERVICES 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, MEGAMEETING’S TOTAL LIABILITY (TOGETHER WITH THE OTHER PROTECTED PARTIES) TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SITE, OUR SERVICES, OR THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE GREATER OF THE TOTAL OF PAYMENTS YOU HAVE MADE FOR OUR SERVICE DURING THE THREE (3) MONTHS PRECEDING THE OCCURRENCE GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
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.
9. COPYRIGHT POLICY
We expect that Users of our Services will respect the intellectual property rights of others. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our Users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, 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.
MegaMeeting’s Agent for Notification of Claimed Infringement is:
Internet MegaMeeting, LLC
17328 Ventura Blvd, #320
Encino, CA 91316
By Telephone: 818-783-4311
10.1 General. You agree to indemnify and hold Internet MegaMeeting and the other Protected Parties harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without a MegaMeeting manager’s prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10.2 Litigation Holds. If we are required to store, hold or produce information arising from use by you or your User pursuant to subpoena, investigative demand, or similar legal requirement, then you will reimburse us and our contractors for the reasonable costs and expenses (including fees and charges of experts, advisors and attorneys), of collecting, holding, storing and producing such information.
11. THIRD-PARTY LINKS & ADS; OTHER USERS
11.1 Third-Party Links & Ads. The Service may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). We do not control, and we are not responsible for, any Third-Party Links & Ads. We provide access to Third-Party Links & Ads only as a convenience to you, and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, 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 Third-Party Links & Ads.
11.2 Other Users. Each User is solely responsible for its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. Your interactions with other Service Users are solely between you and such Users. You agree that we 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 Site user, we are under no obligation to become involved.
11.3 Release. To the fullest extent permitted by applicable law, you hereby release and forever discharge MegaMeeting (and each other Protected Party) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Users or any Third-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 THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
12. ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER; LIMITATIONS PERIOD
12.1 Arbitration Agreement. Please read the following Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
12.1.1 Applicability. 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 us 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.
12.1.2 Arbitration Rules. An arbitration shall be initiated through the American Arbitration Association (“AAA”). 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. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States (in which case the arbitration will be held in a location agreed to by you and us). 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 AAA. 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.
12.1.3 Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and MegaMeeting, 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, to award monetary damages, and to grant any non-monetary remedy or relief available under applicable law. 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 award of the arbitrator is final and binding upon you and MegaMeeting.
12.1.4 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED 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.
12.1.5 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company.
12.1.6 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.
12.1.7 Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement. In addition, either you or the Company may bring an individual action in small claims court in lieu of arbitration.
12.2 Governing Law. These Terms are governed by and shall be construed in accordance with the laws of the State of California (U.S.A.) without regard to it provisions on conflict of laws; except that the Federal Arbitration Act governs Section 12.1.
12.3 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 California State and United States Federal courts located nearest Encino, California, for such purpose.
12.4 Waiver of Jury 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.
12.5 One Year Limitations Period. To the fullest extent permitted by applicable law, you and we agree that any claim or cause of action arising or alleged to arise out of, or related to, these Terms or use of the Services must be filed within one (1) year after such cause of action arose, or else such claim or cause of action shall be permanently barred. You and we agree that this limitation applies and is intended to waive any statute or law to the contrary which might otherwise apply, unless waiver of such statute or law is prohibited by express terms thereof and you are a member of the class of persons as to whom such prohibition against waiver applies.
13. GENERAL PROVISIONS
13.1 Changes to these Terms. We may revise these Terms from time to time without prior notice. If we make any substantial changes, we may (but are not obligated to) notify you by sending you an e-mail to the last e-mail address you provided to us (if any); and in any event we will post the new provisions to our website. You are responsible for providing us with your most current e-mail address. If the last e-mail address you provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the information in the notice. Any changes to these Terms will be effective when posted on our site. Continued use of our Services following posting of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
13.2 Use Is Subject to Local Law. Our Services are intended to be offered and used only in jurisdictions where lawful. Because the Internet is global in nature, you must abide by the laws of the jurisdiction that govern your access and use of the Services. If any part of the Services is not lawful in the jurisdiction where you are located or by whose laws you are subject, then do not access or use the applicable Service in that jurisdiction.
13.3 Export. The Services may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the U.S. export laws or regulations.
13.4 Restriction of Rights Concerning Government Usage. Our Services may include material that is commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable, which were developed exclusively at private expense by Internet MegaMeeting, LLC, 17328 Ventura Blvd, #320, Encino, CA, U.S.A., 91316. U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (November 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (June 1987) and/or subject to the restricted rights provisions of FAR 52.227-14 (June 1987) and FAR 52.227-19 (June 1987), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements. No other rights are granted to the U.S. Government.
13.5 Disclosures. Our address is Internet MegaMeeting, LLC, 17328 Ventura Blvd, #320, Encino, CA, U.S.A., 91316. 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.
13.6 Electronic Communications. The communications between you and us use electronic means, whether you use the Services or send us emails, or whether we post notices on our site or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
13.7 Entire Terms. These Terms constitute the entire agreement between you and us regarding access to and use of the Services. Our failure to exercise or enforce 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” (or its variations) is deemed to be followed by “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. Your relationship to us is that of an independent contractor, and neither you or us 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 our prior written consent (except that resellers of our Service may offer and sell the Service to others, but only on and subject to these Terms). Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon successors and permitted assignees.
13.8 Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you access and/or use the Services. We may suspend or terminate your rights to access and/or use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. We 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, any provision of these Terms that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or earlier termination of these Terms, including Sections 5, 6.7, and 7 through 12.
13.9 No Insurance. In connection with the damage and liability waivers and limitations in these Terms, you acknowledge that we and the other Protected Parties are not insurers and that it is your choice and responsibility whether or not to protect your own interests by acquiring and maintaining insurance for risks associated with the Services. You hereby waive subrogation for any and all such insurable risks.
13.10 Contact Information. Our address and contact information is:
Internet MegaMeeting, LLC
Attn: Daniel Richmond
17328 Ventura Blvd
Encino, CA, U.S.A., 91316