Terms and Conditions

These Terms of Service (“Terms”) apply to your access to and use of: (a) the website located at https://www.thatdot.com/ (or any successor links) and all associated web pages, websites, and social media pages (the “Site(s)”) and (b) any online services (including the Site, together the “Services”) provided by thatDot, Inc., a Delaware corporation (“Company”, “we”, “our” or “us”).  

By clicking “I Accept” or by purchasing or by using our Services, you agree to these Terms and any other terms as referenced herein, including the payment and subscription renewal provisions in Section 5, and the mandatory arbitration provision and class action waiver in Section 14. BY AGREEING TO THESE TERMS, EXCEPT FOR (A) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 14, (B) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 14, OR (C) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING OR BY JURY TRIAL. If you do not agree to these Terms, do not use our Services.

We may supply different or additional terms in relation to some of our Services, including charging different or additional fees for the Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes if they are material, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in such notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.  

If you are an individual accessing or using the Services on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (“Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In such an event, references to “you” and “your” in these Terms will refer to both the individual using the Services and to any such Organization.  

If you have any questions about these Terms or our Services, please contact us at [support@thatdot.com].

Privacy

You may provide certain information to Company in connection with your access or use of our Products or Services, or we may otherwise collect certain information about you when you access or use our Products or Services. You hereby consent to receive e-mails, SMS or text messages, and other types of communication from Company via the Services using the e-mail address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to Company in connection with the Services is accurate. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy at [ Privacy Policy].

Eligibility and Use Restrictions

  1. Jurisdiction. You may only use our Services in jurisdictions authorized by Company. Use of our Services is currently authorized only in the United States.
  2. Use and Sharing. Our Services are provided to you only for your internal business use and not for the benefit or use of any third party. We may enable you to designate authorized individuals (“Authorized Users”) to use our Services, and only you (including such Authorized Users) may use our Services. You will be solely responsible for your Authorized Users and their activity in connection with the Services.

Accounts

You must create accounts in order to use some or all of our Services. You will ensure that you: (a) do not share account credentials, (b) provide accurate account information and promptly update this information if it changes, and (c) use a strong password for your or their account that is unique to our Services and not used in any other website or online service. You will maintain the security of any accounts created by you (including any of your Authorized Users). You are responsible for the activities that occur in connection with any such accounts. If you discover or suspect that someone has accessed your account or the account of one of your Authorized Users without permission, you will promptly notify Company. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.  

Prohibited Conduct 

You will not use our Services if you are not eligible to use our Services in accordance with Section 2 and will not use our Services other than for their intended purpose. Further, you will not, in connection with our Services:

  1. Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
  2. Use or attempt to use another user’s account or information without authorization from that user and Company;
  3. Sell or resell our Services;
  4. Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; 
  5. Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; 
  6. Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
  7. Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  8. Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that Company grants to the operators of public search engines permission to use spiders to copy materials from the Site(s) for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice; 
  9. Develop or use any applications or software that interact with our Services without our prior written consent;
  10. Link to any online portion of the Services in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by the Company; or
  11. Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

Enforcement of this Section 4 is solely at Company’s discretion, and failure to enforce this Section 4 in some instances does not constitute a waiver of our right to enforce it in other instances.

Service Terms of Sale

  1. From time to time, we may also offer free trials to access some or all of the Services (“Free Services”). Such Free Services are subject to these Terms. Unless you enter into a Subscription Service or A La Carte Service agreement with us to access some or all of the Services prior to the end of your free trial period, your access to the Services will automatically terminate at the end of such period.
  2. Our Services may include both paid-for Services (“Paid Service(s)”) and Free Services. We may also offer certain Paid Services to be paid for on a recurring basis (“Subscription Service(s)”) and others on an as-used basis (“A La Carte Service(s)”). Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes, charges, fees, levies or other assessments imposed by any domestic or foreign taxing authority (“Taxes”) (collectively, “Subscription Fee(s)”). A La Carte Services may subject you to fees and Taxes charged per usage and/or terms, including transaction volume (“A La Carte Fee(s)” and, together with Subscription Fees, the “Paid Services Fee(s)”). We will invoice you on the first of each month for any A La Carte Fee(s) incurred during the immediately preceding month. By using an A La Carte Service, you agree to pay the A La Carte Fee(s) within thirty (30) days from the invoice date, unless otherwise stated in an order form. Unless otherwise stated, all Paid Services Fees are exclusive of any Taxes. You are responsible and liable for determining any and all Taxes required to be assessed, incurred, collected, paid or withheld for your use of the Services. 
  3. IF YOU ENTER INTO A SUBSCRIPTION SERVICE, UNLESS YOU CANCEL THE SUBSCRIPTION SERVICE BEFORE RENEWAL, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW FOR THE AGREED UPON MONTHLY OR ANNUAL TERM, AND THE APPLICABLE SUBSCRIPTION FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH AN ACTIVE PAYMENT METHOD ON FILE IN YOUR ACCOUNT. 
  4. IF YOU DO NOT WANT YOUR SUBSCRIPTION SERVICE TO AUTOMATICALLY RENEW, YOU CAN CANCEL YOUR SUBSCRIPTION SERVICE AT ANY TIME PRIOR TO RENEWAL BY MANAGING YOUR SUBSCRIPTION SERVICE ON THE “MANAGE SUBSCRIPTIONS” PAGE ON THE APP OR BY CONTACTING OUR SUPPORT TEAM AT [support@thatdot.com]. YOU MAY ALSO CANCEL YOUR SUBSCRIPTION SERVICE BY SENDING THE FOLLOWING CANCELLATION E-MAIL TO US. You may cancel a Subscription Service at any time, but if you cancel your Subscription Service before the end of the current subscription period, we will not refund any Paid Services Fees already paid to us
  5. We may change the Paid Services Fees at any time, but any such change will not apply to you until such time as your current Subscription Service expires or is renewed (whichever is earlier). After such time, your use of the applicable Services will be charged at the then-current Paid Services Fees. If you do not agree to these price changes, you must cancel your Subscription Services before the changes take effect through the processes set forth above in Section 5(d). If you do not cancel your Subscription Services accordingly, your Subscription Services will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and we will charge your on-file payment card or method on the first day of the renewal of the subscription term. Where a Paid Services Fee has increased, we will notify you of the relevant fee increase prior to the renewal of your Subscription Service. If you switch to a Subscription Service with higher Subscription Fees, we will restart your billing period on the date you switch to the new Subscription Service and apply a pro-rated credit of the amount not used for the old Subscription Service to the first month’s payment for the new Subscription Service. We may establish, limit, revoke and otherwise change credit and credit usage limits and terms at any time, in our sole discretion, with or without notice to you
  6. All financial transactions conducted for the Paid Services are made using one or more third-party payment processors we may engage from time to time. All such transactions are governed by the payment processors’ respective terms of use and privacy policies, which we do not control. We discuss our collection of financial information through our Privacy Policy at [Privacy Policy]. We encourage you to review our third-party payment processors’ terms of service and privacy policies before submitting your payment information. We do not process or retain your credit card, debit card, or other payment information. This information is used solely for the purpose of allowing you to sign up for and access and use the Paid Services. All billing information you provide to our third-party payment processor must be truthful and accurate and you represent that you are authorized to use the payment method in the manner contemplated here. You expressly authorize us (via our third-party payment processors) to charge the payment method you provide for any Paid Services you use. Your selection of the “I Accept” or “Purchase” or similar button on the checkout page is your electronic signature and you agree that (i) this signature is the legal equivalent of your wet or manual signature and (ii) this transaction is equivalent to an in-person transaction where your payment method is physically present. 
  7. If your payment details change, your card or other payment method provider may provide us with updated payment details. We may use these new details or details from other payment methods on file in order to help prevent any interruption to your use of the Paid Services. If you do not want to have your card or other payment method automatically updated, you can opt out of these services by contacting your financial institution. If you would like to use a different payment method or if there is a change in payment method, please send an e-mail to us informing us of such request or changes at [support@thatdot.com].
  8. The billing date will depend on the type of Paid Service (e.g., monthly or annual Subscription Service) that you choose and will be charged on the billing date indicated on your “Manage Subscription” page on the Site(s). In certain circumstances, your billing date may change. For instance, if we are unable to successfully charge your card on a given day (e.g., a federal holiday or due to technical failures). If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Subscription Service, you remain responsible for any uncollected amounts for the Subscription Service as well as any A La Carte Fees, and we will attempt to charge the payment method as you may update your payment method information. We reserve the right to cancel or suspend your Service if we are unable to successfully charge your payment method for any Paid Services.
  9. Termination of Use or Access. Company may terminate your use of the Site(s) at any time for any reason, including if you are in breach of any of these Terms which cover your use of the Site(s). By using the Site(s), you will be responsible (in accordance with these Terms) for any orders you make or charges you incur prior to such termination. Company may change, discontinue or otherwise suspend the Site(s) at any time, for any reason, and without prior notice to you.

Ownership; Use of Services

Company and its licensors own all rights, title and interest, including all intellectual property rights, in and to (a) the Services and any program or marketing materials provided by Company to you via the Services and (b) any works generated by or through the Services, including reports and any other information generated, published, displayed, transmitted or made available to you in or by the Services, excluding any User Data (defined below) or Third-Party Materials (defined below), and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services and Third-Party Materials including all intellectual property rights therein and thereto, are reserved by Company and its licensors. Subject to your compliance with these Terms (including Section 4), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable right to access and use our Services solely for your internal use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

User Information

1. User Data. Some Services may require you to provide, upload, input, store or otherwise make data, content or other information (“User Data”) for the Services to operate as intended. Certain features of the Services may not be available without such User Data. You own all your User Data. To the extent permitted by applicable law, you hereby grant Company a non-exclusive, royalty-free, transferrable and sublicensable license to access, use, reproduce, display, modify, and prepare derivative works based on the User Data to provide the Services and any related support to you, to otherwise perform Company’s obligations to you under these Terms, for our internal operations and research and development purposes, providing benchmarks, and for improving, supporting or otherwise providing the Services. You may provide certain information to Company in connection with your access or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive emails, SMS or text messages, and other types of communication from Company concerning the Services using the email address or other contact information you provide in connection with the Services.  

2. Feedback. You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, reviews, or other information about Company or our Services (collectively, “Feedback”). We may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or Services, or to improve or develop new products, services, or the Services in Company’s sole discretion. Company will exclusively own all improvements to, or new, Company’s Site(s) or Services based on any Feedback. Company may treat Feedback as nonconfidential.  

Trademarks

Our trademarks and our logos, our product or service names, our slogans and the look and feel of the Services, including any Company content, are our intellectual property and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. You hereby grant to Company a nonexclusive, worldwide, royalty-free, fully paid-up license and right to identify you as a customer of the service (including the use or display of your trademarks, registered trademarks, product names, and logos for marketing and promotion purposes), including on the Company’s Site(s) and in marketing materials. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.  

Third-Party Materials

  1. Our Services rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, third-party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that (a) the use and availability of the Services is dependent on third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate.
  2. Specifically, certain items of independent, third-party code may be utilized in connection with the Services that may be subject to open-source licenses (“Open-Source Software”). The Open-Source Software is licensed to us under the terms of the license that accompanies such Open-Source Software and may be licensed to you under the terms of the same license or through other terms. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-Source Software only to the extent the license terms of such Open-Source Software do not permit these Terms to supersede the terms of the license for such Open-Source Software.  
  3. We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.  
  4. We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Company and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Company Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (iv) your conduct in connection with the Services. You will promptly notify Company Parties of any third-party Claims, cooperate with Company Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). The Company Parties will have control of the defense or settlement, at Company’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company or the other Company Parties.

Disclaimers

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, OUR SERVICES AND ANY CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH (INCLUDING ANY THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ACCESS TO OUR SERVICES OR ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS) WILL BE UNINTERRUPTED. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR ANY CONTENT, THIRD-PARTY CONTENT OR THIRD-PARTY MATERIALS PROVIDED THEREIN OR THEREWITH OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY MATERIALS). ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF COMPANY, COMPANY PARTIES, AND COMPANY’S RESPECTIVE SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

Limitation of Liability

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF SUCH DAMAGES COULD HAVE BEEN FORESEEN OR IF COMPANY OR ANY COMPANY PARTIES HAVE BEEN APPRAISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARE ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF ANY STATUTORY DUTY OR OTHERWISE, IN NO EVENT WILL: (A) COMPANY OR ANY COMPANY PARTIES BE LIABLE FOR DAMAGES FOR LOSS OF PROFIT OR REVENUE, DATA THAT IS LOST OR CORRUPTED, LOSS OF GOODWILL, OR OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED BY YOU OR OTHERS; AND, (B) THE TOTAL AND CUMULATIVE LIABILITY FOR COMPANY AND ANY COMPANY PARTIES, FOR ALL CLAIMS OF ANY NATURE ARISING OUT OF THESE TERMS EXCEED THE GREATER OF FIVE DOLLARS OR THE TOTAL FEES PAID OR PAYABLE BY YOU TO COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE FIRST EVENT GIVING RISE TO A CLAIM UNDER THESE TERMS. The fees, exclusions, disclaimers, and limitations of liability set forth in these Terms are essential components of these Terms and form the basis for determining the price charged for the Services, and Company would not enter into these Terms without these limitations on its liability. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH AN EVENT THE FOREGOING LIMITATION(S) WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

Release

To the fullest extent permitted by applicable law, you release Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you reside in California, you hereby waive your rights under California Civil Code § 1542, which provides: “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.”

Dispute Resolution; Binding Arbitration

Please read the following Section 14 carefully because it requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

  1. No Representative Actions. Any dispute arising out of or related to these Terms or our Services is personal to you and Company and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
  2. Arbitration of Disputes. Except for disputes in which you or Company seeks injunctive or other equitable relief for the alleged infringement, violation or misappropriation of intellectual property, you and Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Company you will first contact Company and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Company by certified mail addressed to [Address] or by email to [support@thatdot.com]. The Notice must (a) include your name, physical address, e-mail address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. All Disputes submitted to AAA will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in the State of [Oregon]. Disputes will be resolved in accordance with the rules of the American Arbitration Association (“AAA Rules”). The most recent version of the AAA Rules is available on the American Arbitration Association website and are hereby incorporated by this reference. You either represent that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason.  
  3. These Terms affect interstate commerce, and the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.  
  4. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Company, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.  
  5. The state or federal courts of [Oregon] have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.  
  6. Any Dispute must be filed within one (1) year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Company will not have the right to assert the claim.

Governing Law

Any Claims will be governed by and construed and enforced in accordance with the laws of the State of [Oregon], except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of [Oregon]or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Claim is not subject to arbitration pursuant to Section 14, then the state and federal courts for the County of [_______, Oregon], will have exclusive jurisdiction. You and Company waive any objection to venue in any such courts.  

Modifying and Terminating Our Services

We reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to the Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by Company in writing. You also have the right to stop using our Services at any time, and you may terminate these Terms by ceasing use of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

Severability

If any portion of these Terms other than Section 14 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

Export Control

You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

Miscellaneous

  1. Company’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.  
  2. If you have a question or complaint regarding the Services, please send an email to [support@thatdot.com]. You may also contact us by writing to [Address], or by calling us at [Phone Number]. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us.  

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