Terms and Conditions
All use of the Urbanoire websites, mobile sites, and applications (together, the “Urbanoire Sites”), and the content, features, and services (the “Services”) offered by Urbanoire comprise these Urbanoire Terms of Use (this “Agreement”).
In this Agreement, “Urbanoire” and “we” mean the Urbanoire company that is providing the Services to you, and with whom you are entering into this Agreement. The terms “User” and “you” mean any user of the Services. This Agreement incorporates Urbanoire’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “Urbanoire Policies”).
(1) You confirm that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services.
U.S. USERS: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES.
Urbanoire may modify this Agreement (including any Urbanoire Policies) at any time. You agree that you will review this Agreement periodically and may decide whether or not to accept a revised version of this Agreement, but your continued access and use of the Services is contingent on your acceptance of the Agreement after the date of changes. You acknowledge your acceptance of any revision of this Agreement by clicking “accept” or “agree.”
Part I – Terms for All Services
- Privacy Policy. Urbanoire is committed to putting users first. Please review our privacy policy for details about how we collect and use your information.
- Accounts. In order to receive limited access to reviews and restaurant information, you may (but it is not mandatory to) create an account with Urbanoire through the Urbanoire Sites (“Account”). However, in order to receive unlimited access to the restaurant information, revise your business details, and advertise for your business, an account is required. If you create an Urbanoire account for a business, company, organization, entity, or restaurant (a “Business,” and such account a “Business Account”), the terms “you” and “your,” as used throughout this Agreement, apply to both you and Business. If you create a Business Account, you authorize that you grant all permissions and licenses provided in the Agreement bind the Business to the Agreement. In creating an Account, you must provide complete and accurate information about yourself. Impersonation, identity fraud, making multiple accounts, or allocation of your profile to a third party without Urbanoire’s awareness are strictly prohibited. To keep the Account information correct and complete, you agree to immediately revise the Account information. You are the only one accountable for preserving the privacy of your Account, the data in your account, and with relevant law being the only exception, you are the only person using your Account, whether or not authorized by you. You agree to inform Urbanoire and reset your password immediately, if you think there has been unauthorized access to your account by a third party.
- Communications from Urbanoire. You permit Urbanoire to send you communications through electronic messages including emails, text messages (including SMS and MMS), push notifications, and or phone calls. You understand that you may be charged by your phone carrier for some communications. All communications from Urbanoire are in compliance with our privacy policy.
- Technical Requirements. Internet access through computer, mobile, or tablet devices is needed to use the Services. Charges from text message and mobile carrier data accompanying the use of the Services, including notifications from Urbanoire, are the sole responsibility of the user. Compatibility with all devices and mobile carriers is not guaranteed or ensured by Urbanoire. JavaScript (or similar technologies) may be required to use the Urbanoire Site, and some features and functionalities of the Site may not be usable without Javascript (or similar technologies).
- Modifications to Services. While making reasonable efforts to keep Urbanoire functional, Urbanoire reserves the right to modify or discontinue the Services from time to time and without notice and without limitation, by removing, adding, or modifying portions of the Urbanoire Sites and Restaurants. Urbanoire shall have no liability to you for any of the above-stated actions. You understand, agree, and accept that if you oppose to any modifications, your sole legal recourse will be to terminate your account and discontinue your use of the services. Urbanoire will enforce this section to the maximum extent permitted by law.
- Intellectual Property Rights and Grant of Rights to User. Copyright, trademark, patent, and other intellectual property laws protect the features, information, and materials provided and depicted through the Services. Urbanoire’s licensors provide the User all content, visual content, video, data, text, and other content provided by the Services (collectively, the “Urbanoire Content”) for the explicit objective of supporting the Users’ authorized use of the Services. Urbanoire may modify the Urbanoire content occasionally in its sole discretion. No license is granted to User for any other use except as explicitly stated above. Any other use of the Services or the Urbanoire Content is considered a breach of this Agreement. Urbanoire retains all rights in the Services and Urbanoire Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Urbanoire or any third party is granted under this Agreement.
- Application License. For the exclusive purpose of supporting the User’s authorized use of the Services, Urbanoire assigns User a limited, non-exclusive, non-transferable, revocable license to use the Urbanoire mobile applications, in object code form only, on User’s compatible mobile devices, which is subject to the terms and conditions of this Agreement.
- Use Restrictions. User will use the Services and Urbanoire Content solely for personal use and the purposes as above-stated. All other uses are considered a breach of contract. Urbanoire explicitly retains all its rights under applicable laws (including state, federal, and provincial/territorial laws). Urbanoire reserves the right to remove, disable, terminate, or suspend Accounts and User Content for any or no reason, which includes User Content that Urbanoire deems is in violation of the Agreements. Removal or disabling of Accounts will be in Urbanoire’s sole digression with or without notification. Decompiling, reverse engineering, dissembling, or trying to obtain the source code or non-public APIs to the Services, except to the extent permitted by applicable law and (and then only upon notifying and receiving written consent from Urbanoire) is strictly prohibited. The use of any robot, scraper, spider, deep link, or other automatic or manual device, process or means to search, copy, access, or monitor any portion of the Services or Urbanoire Content, except as explicitly permitted by Urbanoire is strictly prohibited by the User or a third party. In Urbanoire’s sole determination, any action that infringes on or imposes an unreasonable or disproportionately large load on the Services or Urbanoire’s infrastructure is strictly prohibited. Modifying any Services or Urbanoire Content is strictly prohibited. Creating any spinoff or copied product from any of the foregoing is strictly prohibited. Removing or concealing any propriety or other notices contained in the Services is strictly prohibited. The utilization of any device, software, or routine that will obstruct, impede, or attempt to interfere with the functionality of the Services is strictly prohibited. Copying, leasing, renting, or providing access to or sublicensing any portion of the Services or Urbanoire Content to a third party is strictly prohibited. Using any portion of the Services of Urbanoire content to provide to a third party is strictly prohibited. Including any portion of the Services or Urbanoire Content into any product or service to offer to a third party is strictly prohibited. Using the Services or Urbanoire Content for any illegal purpose is strictly prohibited. Publicly circulating data or materials about the performance of the Services or Urbanoire Content or accessing or using the Services or Urbanoire Content for competitive analysis or benchmarking purposes is strictly prohibited. Urbanoire makes no representation that features or services on the site are appropriate or available for use by all persons in all geographical locations or available for use outside the United States although the Urbanoire Sites may be globally accessible. Persons who choose to access this site do so in their own volition and are subject to comply with their local law. Urbanoire reserves the right to limit access, features, and services to any person or geographic location.
- United States Government End Users. Urbanoire’s Content and Services are “commercial items” as outlined in 48 C.F.R. 2.101 consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users access any Urbanoire Sites with only those rights pursuant to the terms and conditions of this Agreement.
- Export Control. It is strictly prohibited to export or re-export any Urbanoire Sites or other aspects of the Services (or any replica or variation of the aforementioned) in violation of applicable law, including but not limited to, the United States and foreign export laws and regulations. You represent and warrant that you are not in a country to which the United States has embargoed goods or has applied any economic sanctions, or a country that has been designated by the U.S. Government as a “terrorist supporting” country. You represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Termination. Your usage, any facet of the Services, and this agreement may be terminated or suspended by Urbanoire effective immediately without notification or explanation. Without limiting the foregoing, if you are in violation of this Agreement (including any Urbanoire Policies), Urbanoire may suspend your Services. Urbanoire does not guarantee you will be granted permission to use the Services or re-establish an Account after any termination or suspension. If you or Urbanoire terminate the Agreements, or if Urbanoire suspends your account, you agree that Urbanoire shall have no liability or obligation to you for any termination of this Agreement or for any effects of any termination of this Agreement, and Urbanoire will not refund amounts already paid by the User. Users may discontinue their use of the Services at any time. Urbanoire will have no liability whatsoever for the deletion of any content stored in their Account after an Account has been terminated, and Urbanoire will not refund amounts already paid. This section will be enforced to the extent permissible by applicable law.
- Reviews, Comments, Communications, and Other Content. Comments, location information, ratings, links, images, photos, text, reviews, videos, data, sounds, votes, user profile information, direct messages, emails and communications, suggestions, questions, ideas, and other user-generated information comprise User Content and Urbanoire permits users to submit, transmit, or post User Content through, or in connection with the Service. Illegal, racist, pornographic, threatening, indecent, defamatory, false, misleading, slanderous User Content is strictly prohibited. User Content that violates intellectual property rights, infringes on a third party’s publicity or privacy rights, intentionally misleads, defames, includes hate speech, promotes illegal activity or harm to groups and individuals, promotes harm to minors, slanders, and is damaging to third parties is strictly prohibited. User content containing software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or spam is strictly prohibited. Only neutral and objective User Content is permitted and compensating someone for or being compensated for any comments or ratings are strictly prohibited. Users may not post comments or ratings for any restaurants, bars, or entities of friends, family, anyone they may be familiar with, or competitors. Misleading or false identities, fake emails, and any impersonations of people or entities are strictly prohibited. You represent that you own, have the required authorization to use and permit the use of the aforementioned User Content. With respect to User content, Urbanoire does not guarantee confidentiality and Urbanoire is not liable or responsible for User Content submitted by you, any User, or third party. Urbanoire may publicly display the name or username you provided when you post User Content. Monitoring, removing, or editing User Content is a right reserved by Urbanoire although Urbanoire has no obligation to do so. You understand and accept that Urbanoire may not frequently monitor submitted User Content. When you post User Content, you understand that Urbanoire may use your content in multiple manners including but not limited to translating, distributing, modifying, adapting, reproducing, promoting, creating derivative works, and allowing other websites and media to do so also (“Other Media”). With respect to your content, you waive any privacy rights, publicity rights, moral rights, or other rights you may have to the User Content you submit in favor of Urbanoire.
- Your Representations and Indemnity. You agree to indemnify and hold Urbanoire harmless from and against all damages, losses, injuries, and expenses of any kind (including attorney fees and costs) resulting from: (1) any User Content submitted by you, (2) your breach of the Agreement, (3) your use of the Services, or (4) your violation of any law or the rights of a third party. You represent and warrant that User Content submitted by you is accurate, you own the rights to User Content submitted, and Urbanoire’s use of such User Content will not violate this agreement nor will it cause injury to any person or entity, infringe upon any third-party rights (which includes but is not limited to intellectual property rights, privacy rights, and publicity rights).
- Liability Limitations. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL THE URBANOIRE PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT (INCLUDING ANY CHANGES THERETO), (2) ANY USAGE OF THE URBANOIRE SITES, SERVICES, THE URBANOIRE CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE URBANOIRE SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE URBANOIRE CONTENT. URBANOIRE IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY RESTAURANT FOR WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER OR PROMOTION, OR ANY MERCHANT THAT ISSUES A MERCHANT GIFT CARD. THE LIMITATION OF LIABILITY IN THIS AGREEMENT SHALL NOT APPLY TO ANY DAMAGE ARISING FROM OUR WILLFUL MISCONDUCT AND GROSS NEGLIGENCE, NOR SHALL IT APPLY TO DAMAGE FROM INJURY TO LIFE, BODY OR HEALTH. IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE TERMS, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). You and Urbanoire understand and agree that the disclaimers, exclusions, and limitations in this Section 14 and in Section 15 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Urbanoire would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
- Disclaimer of Warranties. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND URBANOIRE CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL URBANOIRE CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. URBANOIRE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE , TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. URBANOIRE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT URBANOIRE WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. URBANOIRE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF URBANOIRE. THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Third-Party Websites, Applications and Services. Hypertext links to websites and applications ran and controlled by parties other than Urbanoire may be contained in the Services. Urbanoire does not control such websites and is not liable for such content, and such hypertext links are provided for User’s reference only. Although Urbanoire may include hypertext links to such websites or applications, this by no means denotes endorsement of the content on such websites or applications or association with their operators. Any services, content, features, or products made available through such third-party websites or applications is not the liability of Urbanoire whatsoever. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service, including any license transferability and other usage rules therein.
- Release. Restaurants and Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you (or, if applicable, any recipient of an Urbanoire Gift Card or a Merchant Gift Card) as a result of your (or such recipient’s) interaction with or visit to any Restaurant or Merchant or from any promotion, offer, product or service of any Restaurant or Merchant. Users must resolve all disputes directly with Restaurants. To the maximum extent permitted by applicable law, you hereby release the Urbanoire Parties from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, 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.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Urbanoire Parties pertaining to the subject matter of this Section 22. If you are a resident of the United Kingdom or European Union, this release shall not apply to any damage arising from our willful misconduct or gross negligence, nor shall it apply to damage from injury to life, body or health.
- Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this Section. In order for us to take action, you must do the following in your notice: (a) provide your physical or electronic signature; (b) identify the copyrighted work that you believe is being infringed; (c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it; (d) provide us with a way to contact you, such as your address, telephone number, or email; (e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and (f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed. Here is the contact information for our copyright agent: Copyright Enforcement Urbanoire, LLC. 651 N Broad St, Suite 205 #3451Middletown, Delaware, 19709 , urbanoire@gmail.com. Again, we cannot take action unless you give us all the required information.
- Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
- Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Urbanoire.
- Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
- ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. If you are a resident of the United States (including its possessions and territories), you agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Urbanoire Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”). In the case of arbitration and where permitted by law, you are thus agreeing to GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. In the case of arbitration and where permitted by law, you and Urbanoire must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR URBANOIRE MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Urbanoire will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) Urbanoire also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law. Notwithstanding the foregoing, either you or Urbanoire may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Santa Clara County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Santa Clara County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Santa Clara County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate. With the exception of Urbanoire Parties (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Urbanoire shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States), the dispute shall be exclusively brought in state or federal court located in Santa Clara County, California. For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
- Choice of Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, U.S.A, consistent with the Federal Arbitration Act (to the extent permitted by applicable law), without giving effect to any principles that provide for the application of the law of another jurisdiction. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction and/or country of residency.
- Entire Agreement The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Urbanoire regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
REVISION DATE: May 24, 2022