Terms of Use
WELCOME TO SNAPPHELP. We hope you find it useful. By accessing our servers, mobile applications, websites, or content therefrom, you agree to these Terms of Service (“Terms”), last updated April 14, 2016.
1. YOUR ACCEPTANCE
This is an agreement between SnappHelp Inc., a Georgia corporation (“SnappHelp™”), the owner and operator of SnappHelp™ mobile applications (the “SnappHelp™ App”), www.snapphelp.com (the “SnappHelp™ Site”), the SnappHelp™ software (collectively, including all content provided by SnappHelp™ through SnappHelp™ App and the SnappHelp™ Site, the “SnappHelp™ Service”, or the “Service”), and you (“you” or “You”), a user of the Service. Your access and use of the Service constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and SnappHelp™. If you do not agree to these Terms, you may not access or use the Service. These Terms expressly supersede prior agreements or arrangements with you. SnappHelp™ may immediately terminate these Terms or any Service with respect to you, or generally cease offering or deny access to the Service or any portion thereof, at any time for any reason. SnappHelp™ may amend the Terms related to the Service from time to time. Amendments will be effective upon SnappHelp™’s posting of such updated Terms at this location, or at www.snapphelp.com/legal/terms. Your continued access or use of the Service after such posting constitutes your consent to be bound by the Terms, as amended.
2. THE SERVICE
The SnappHelp™ Service constitutes a technology platform that enables users of SnappHelp™’s mobile applications or websites, provided as part of the Service, to arrange and schedule services with third party providers of such services, including independent third party service providers. YOU ACKNOWLEDGE THAT SNAPPHELP™ DOES NOT PROVIDE ANY OF THE SERVICES, AND SOLELY FUNCTIONS AS A TECHNOLOGY PLATFORM THAT FACILITATES THE COMMUNICATION BETWEEN THE USERS AND PROVIDERS OF SUCH SERVICES.
3. SNAPPHELP™ ACCESS
A. Subject to your compliance with these Terms of Service, SnappHelp™ hereby grants you limited, nonexclusive, non-sub licensable, revocable, non-transferrable license to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without SnappHelp™’s prior written authorization; (iii) you will not attempt to decompile, reverse engineer, alter or modify any part of the Service; (iv) you will not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; (v) you will not attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks; (vi) you will not in your use of the Service cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party; and (vii) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to use most aspects of the Service, you must register for, and maintain an active personal user Service account (“Account”). Account registration requires you to submit to SnappHelp™ certain personal information, such as your name, address, skills and services that you are willing to provide, and profile information. You agree to maintain accurate, complete, and up-to-date information in your Account. You are responsible for the profile information that you submit and that is displayed for your Account on the SnappHelp™ Service. In certain instances you may be asked to provide proof of identity to access or use the Service, and you agree that you may be denied access to or use of the Service if you refuse to provide proof of identity. You are solely responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You must notify SnappHelp™ immediately of any breach of security or unauthorized use of your Account. Although SnappHelp™ will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses to SnappHelp™ or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the SnappHelp™ servers in a given period of time than a human can reasonably produce in the same period by using a SnappHelp™ application, and you are forbidden from ripping the content unless specifically allowed. We disallow any efforts to reverse engineer our system, our protocols, or explore outside the boundaries of the normal requests made by SnappHelp™ clients. We also disallow the use of request modification tools such as fiddler or whisker or the like, or any other such activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including users’ names and addresses, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit any users of the Service for commercial purposes.
4. THIRD PARTY SERVICES AND CONTENT
Information provided by our users through the SnappHelp™ Service may contain links to third party websites that are not owned or controlled by SnappHelp™. The Service may also make available third party services and content (including advertising) that SnappHelp™ does not control. SnappHelp™ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SnappHelp™ will not and cannot censor or edit the content of any third party site. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. SnappHelp™ does not endorse such third party services and content, and by using the Service, you expressly acknowledge and agree that SnappHelp™ shall not be responsible for any damages, claims or other liability arising from or related to your use of any third party websites or content. Additionally, Apple Inc., Google Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Service 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 Service in any manner. Your access to the Service using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
5 USER PROVIDED CONTENT
A. SnappHelp™ Service allows SnappHelp™ users to submit profile information, profile photos, service requests, textual, audio, and/or visual content and information, and commentary and feedback related to the services (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to SnappHelp™, you grant SnappHelp™ a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and SnappHelp™’s business and on third-party sites and services), without further notice to you, or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant SnappHelp™ the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content, nor SnappHelp™’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. The User Content may be hosted, shared, and/or published as part of the SnappHelp Service, and may be visible to other users of the Service. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by SnappHelp in its sole discretion, whether or not such material may be protected by law. SnappHelp™ may, but shall not be obligated to, review, monitor, or remove User Content, at SnappHelp™’s sole discretion and at any time and for any reason, without notice to you.
B. You shall be solely responsible for your own User Content and the consequences of posting or publishing them. Because SnappHelp™ is only acting as a repository of data, user submitted content do not necessarily represent the views or opinions of SnappHelp™, and SnappHelp™ makes no guarantees as to the validity, accuracy or legal status of any User Content.
C. In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SnappHelp™ all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage SnappHelp™ or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. SnappHelp™ does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and SnappHelp™ expressly disclaims any and all liability in connection with User Content. SnappHelp™ does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and SnappHelp™ will remove all User Content if properly notified that such content infringes on another’s intellectual property rights. Such takedown notices may be emailed to support at SnappHelp.com. SnappHelp™ reserves the right to remove User Content without prior notice. SnappHelp™ may also terminate a user’s access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had User Content removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized SnappHelp™ employees, agents, subagents, or super-agents. SnappHelp™ also reserves the right to decide whether the User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. SnappHelp™ may remove such User Content and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the SnappHelp™ Service you will be exposed to User Content from a variety of sources, and that SnappHelp™ is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content, and that such User Content is not the responsibility of SnappHelp™. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SnappHelp™ with respect thereto, and agree to indemnify and hold SnappHelp™, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the SnappHelp™ Service.
F. SnappHelp permits you to link to materials on the Service for personal purposes only. SnappHelp reserves the right to discontinue any aspect of the SnappHelp Service at any time.
6. INTELLECTUAL PROPERTY RIGHTS
The design of the SnappHelp™ Service along with SnappHelp™ created text, scripts, graphics, interactive features and the like, except User Content (as defined above), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to SnappHelp™, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. SnappHelp™ reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Service for any commercial purposes.
7. NETWORK ACCESS AND DEVICES.
You are responsible for obtaining the data network access necessary to use SnappHelp™ Service. Your mobile network’s data and messaging rates and fees may apply if you access or use the Service from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and Applications and any updates thereto. SnappHelp does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
8. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SNAPPHELP™ SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, SNAPPHELP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. SNAPPHELP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY; AND/OR (vi) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SNAPPHELP SERVICE. IN ADDITION, SNAPPHELP™ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SNAPPHELP™ SERVICE OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SNAPPHELP™ SERVICE, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SNAPPHELP™ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SNAPPHELP™ SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY USER CONTENT SUBMISSION OR OTHER ADVERTISING, AND SNAPPHELP™ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SNAPPHELP™ SERVICE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL SNAPPHELP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SNAPPHELP SERVICE, EVEN IF SNAPPHELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SNAPPHELP™ SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) YOUR USE OF OR RELIANCE ON THE SNAPPHELP™ SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE; (iii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (iv) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SNAPPHELP™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (v) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (vi) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS; (vii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (viii) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SNAPPHELP™ CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF SNAPPHELP™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (ix) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE.
SNAPPHELP™’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH THIRD PARTY PROVIDERS. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICE PROVIDERS PROVIDING SERVICES REQUESTED THROUGH SNAPPHELP™ MAY NOT BE PROFESSIONALLY LICENSED, PERMITTED, OR INSURED. IN NO EVENT SHALL SNAPPHELP™ BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF THIRD PARTY SERVICE PROVIDERS. YOU AGREE THAT SNAPPHELP™ HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SNAPPHELP™ SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SNAPPHELP™ SERVICE IS CONTROLLED AND OFFERED BY SNAPPHELP™ FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. SNAPPHELP™ MAKES NO REPRESENTATIONS THAT THE SNAPPHELP SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SNAPPHELP™ SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
10. INDEMNITY
You agree to defend, indemnify and hold harmless SnappHelp, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of SnappHelp™ Service or services or goods obtained through your use of SnappHelp™ Service; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party and/or Third Party Providers, including without limitation any copyright, property, or privacy right; (iv) SnappHelp™’s use of your User Content; or (v) any claim that one of your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the SnappHelp™ Service.
11. DISPUTE RESOLUTION
ARBITRATION
You agree that any dispute, claim or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation or validity thereof, or the use of the SnappHelp™ Service (collectively, “Disputes”) will be settled by binding arbitration between you and SnappHelp™, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and SnappHelp™ are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and SnappHelp otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOU AND SNAPPHELP™ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SNAPPHELP™ SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. This “Dispute Resolution” section will survive any termination of these Terms.
ARBITRATION RULES AND GOVERNING LAW
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
ARBITRATION PROCESS
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF? doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF? doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Georgia and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
ARBITRATION LOCATION AND PROCEDURE
Unless you and SnappHelp otherwise agree, the arbitration will be conducted in Cobb County, Georgia where the primary office of SnappHelp is located. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and SnappHelp™ submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
ARBITRATOR’S DECISION
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. SnappHelp™ will seek, and does not waive any rights SnappHelp™ may have under applicable law to recover, attorneys’ fees and expenses, if SnappHelp™ prevails in arbitration.
FEES
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
CHANGES
Notwithstanding the provisions of the modification-related provisions above, if SnappHelp™ changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing SnappHelp™ written notice of such rejection by mail or hand delivery to: SnappHelp™ Inc., Attn: Dispute Resolutions, P.O. Box 70531, Marietta, GA 30007, or by email from the email address associated with your Account to: dispute_resolution@SnappHelp.com, within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and SnappHelp™ in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
11. ABILITY TO ACCEPT TERMS OF USE
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are at least 16 years old as the SnappHelp™ Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the SnappHelp™ Service. You further 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 that you are not listed on any U.S. Government list of prohibited or restricted parties. SnappHelp Inc. is the developer of the Service, with an address at P.O. Box 70531, Marietta, GA 30007, and website at www.snapphelp.com.
12. OTHER PROVISIONS
CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the State of Georgia, U.S.A., without giving effect to any conflict of law principles.
CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to SnappHelp™’s designated agent by first class mail or pre-paid post to SnappHelp™ Inc., Attn: Copyright Claims, P.O. Box 70531, Marietta, GA 30007.
NOTICE
SnappHelp may give notice by means of a general notice on the SnappHelp™ Service, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to SnappHelp™, with such notice deemed given when received by SnappHelp, at any time by first class mail or pre-paid post to SnappHelp Inc., Attn: User Notices – Legal, P.O. Box 70531, Marietta, GA 30007.
GENERAL
You may not assign these Terms without SnappHelp™’s prior written approval. SnappHelp™ may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of SnappHelp™’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, SnappHelp™, or any Third Party Provider as a result of this Agreement or use of the SnappHelp™ Service. These Terms of Service and any other legal notices published by SnappHelp™, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and SnappHelp™ concerning the use of SnappHelp™ Service, and the use of any and all Third Party services and goods obtained through the use of the SnappHelp™ Service. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SnappHelp™’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. SnappHelp™ reserves the right to amend or modify these Terms at any time, and it is your responsibility to review these Terms for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the SnappHelp™ Service. Your continued use of the SnappHelp™ Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.