Last Updated: July 31, 2022
Effective Date: July 11, 2022
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE PLATFORM OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION OR MASS ARBITRATION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
YOUR CONTINUED USE OF THE PLATFORM IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE PLATFORM.
CONTINUED ACCESS AND USE OF THE PLATFORM AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS THERETO.
We are committed to making the Platform accessible for all users and will continue to take steps necessary to ensure compliance with applicable laws. If you have difficulty accessing any content, feature, or functionality of the Platform, please contact us.
What’s Contained in these Terms
- Your Use of the Platform & Code of Conduct
- Our General Rights in Operating the Platform
- User Content
- Our Intellectual Property
- Copyright Violations and the DMCA
- Public Forums
- Third Party Content
- Interactive Chat and Chatbots
- Text Message Marketing
- Disclaimer of Warranty
- Limitation of Liability
- Disputes, Arbitration and Class Action Waiver
- Terms for Users in Certain Geographic Locations
- Other Policies
- Updates to this Agreement
- Contact Us
Our Platform permits you to register for an account to use the Platform (a “User Account”). In general, you are not obligated to register for a User Account, but certain sections of the Platform are only available to Users who have registered for a User Account. We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active User Account for the Platform at any given time, and you may not allow other people to use your User Account to access the Platform.
2. Your Use of the Platform & Code of Conduct
While using our Platform, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use a Platform for any fraudulent or unlawful purpose, and you may not take any action to interfere with a Platform or any other party’s use of a Platform. In addition, we expect users of the Platform to respect the rights and dignity of others. For example, you may not do any of the following without our consent:
- Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through a Platform any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including, but not limited to, unauthorized or unsolicited advertising;
- Post to or transmit through the Platform any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
- Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to a Platform;
- Impersonate any person or entity or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity in connection with a Platform, or express or imply that we endorse any statement you make;
- Violate, or attempt to violate, the security of the Platform;
- Disseminate on a Platform any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- Use scripts, macros or other automated means to impact the integrity of voting, ratings or similar features;
- Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Platform;
- Build a competitive product or service using the Platform, build a product or service using similar ideas, features, functions, or graphics as the Platform or determine whether the Platform are within the scope of any patent;
- Interfere in any manner with the operation or hosting of the Platform or monitor the availability, performance, or functionality of the Platform;
- Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Platform or to collect any information from the Platform or any other user of the Platform; or
- Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Platform.
In addition to other obligations outlined in these Terms, you acknowledge that you will not use the Platform for commercial purposes or promotional purposes.
Linking. You are granted a limited, non-exclusive right to create text hyperlinks to the Platform for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking website does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Platform root directory, we grant to the operators of public search engines permission to use spiders to copy content from the Platform for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such content, but not caches or archives of such content. We may revoke these permissions at any time.
3. Our General Rights in Operating the Platform
We reserve the following rights with respect to our operation of the Platform:
- We may modify, terminate, or refuse to provide Platform at any time for any reason, without notice;
- We may remove anyone from the Platform at any time for any reason, solely in our discretion. This right is not modified by any other section of these Terms;
- We reserve the right to access your account in order to respond to requests for technical support, to maintain the safety and security of the Platform, and for other legitimate business purposes, as necessary, in our discretion;
- We may, but have no obligation to, monitor any content that appears on the Platform or review any conduct occurring through the Platform.
- If you close your account or terminate your subscription, we may keep a copy of User Content (as defined below) after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our business purposes, subject to applicable law.
- We reserve the right to remove User Content or terminate your account without warning if you violate any of the provisions of these Terms.
- We have, in our sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of the Platform or your access to the same without warning at any time.
4. User Content
You are responsible for any information, text, reviews, posts, images, videos, or other materials or content that you post on the Platform, upload to us, or transmit through the Platform (“User Content”). You agree, represent and warrant that any User Content you post on the Platform or transmit through the Platform is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through the Platform any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.
PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) except for Instructor Content, you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
5. Our Intellectual Property
As between you and Vyne Legacy, all right, title and interest in and to the Platform, including our information, software, technology, data, applications, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "Vyne Legacy Content”, and is and will remain the exclusive property of Vyne Legacy and its licensors. Vyne Legacy Content is protected by intellectual property rights both in the United States and internationally.
Your use of the Platform under these Terms does not give you additional rights in the Platform or ownership of any intellectual property rights associated with the Platform, including, but not limited to, any rights to use our trademarks, logos, domain names, and other distinctive brand features. Subject to your compliance with and the limitations set forth in these Terms, Vyne Legacy grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform to fulfill your personal purposes.
6. Copyright Violations and the DMCA
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA"). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.
If you believe that any content on the Platform infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:
a.) A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
b.)The URL or other specific location on the Platform that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;
c.) Your name, mailing address, telephone number and email address;
d.) The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
e.) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f.) A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.
We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:
a.) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
b.) Your name, mailing address, telephone number and email address;
c.) If you are in the United State, the following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal jurisdiction in which you are located]." If you are not in the United States, the following statement “I consent to the federal jurisdiction where Vyne Legacy is located.”;
d.) The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
e.) The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
f.) Your signature, in physical or electronic form.
Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Further, we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Platform.
7. Public Forums
As part of the Platform, we may host message boards or User-generated content, reviews, and other interactive features or services through which the Users or other third parties can post or upload content or otherwise interact with the Platform (each, a “Forum”). We do not endorse any content posted in Forums, cannot guarantee the accuracy or authenticity of such content, and are acting only as a passive conduit for such content. WE RESERVE THE RIGHT TO REMOVE ANY FORUM CONTENT, OF ANY VARIETY, AT ANY TIME FOR ANY REASON.
Our Rights: You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate content you post to a Forum before allowing it to be posted on any Forum; (b) monitor Forum content; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any content and the circumstances surrounding its transmission, to any third party in order to operate the Platform, to protect us, other Users and other visitors to the Platform, to comply with legal obligations or governmental requests, to enforce these Terms, or for any other reason or purpose we deem appropriate.
8. Third Party Content
Any statements, opinions or other information provided by third parties and made available on the Platform are those of the respective author(s) and not Vyne Legacy. We do not endorse, or guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third party content on the Platform. ANY CONTENT PROVIDED THROUGH THE PLATFORM IS FOR EDUCATIONAL PURPOSES ONLY. WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY VYNE LEGACY CONTENT, AND ANY TESTIMONIAL, DESCRIPTION, OR OPINION POSTED ON THE PLATFORM TO THE MAXIMUM EXTENT ALLOWED BY LAW.
We may provide on the Platform, solely as a convenience to Users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave the Platform. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked site is authorized to use any of our trademarks, logos or copyright symbols.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
9. Interactive Chat and Chatbots
Chatbots: Chats may use interactive, automated computer programs and similar technologies to provide customer service via the Chat (“Chatbots”). Chatbots often work by using “natural language processing” technology to understand your questions and inputs and respond to them with relevant information or follow-up inquiries. Our Chatbots typically identify that you are interacting with a computer program and not a human, sometimes by a “Powered by…” or a similar legend in the Chat or by setting up the Chat in such a way that its apparent that a Chatbot is used. Chatbots use technology to respond to your inputs without human intervention. Although Chatbots are automated, your inputs and responses may be viewed and accessed by our real people, possibly in real time. Be aware that some Chatbots may connect you to one of our human representatives.
Some portions of the Platform may be made accessible as mobile websites or other applications that you can download to your phone, tablet, television, or other devices (“App”) via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the service provider (“App Store Provider”). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD-PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD-PARTY SERVICE.
When you use one of our Apps, you are subject to additional terms from the App Store Provider. These terms may give us, and the App Store Provider, additional rights while posing additional obligations or restrictions on you. Please review such terms, you are solely responsible for reviewing and understanding those terms and ensuring you have the latest version.
If you downloaded an App from the Apple “App Store,” you are subject to Apple’s Licensed Application End User License Agreement, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. If you downloaded an App from the “Google Play” store, you are subject to the Google Play Terms of Service available at: https://play.google.com/about/play-terms/index.html. If you used a different third-party service, check with the applicable App Store Provider to determine what additional terms may apply.
12. Text Message Marketing
BY PARTICIPATING IN A TEXT MESSAGE CAMPAIGN, YOU ARE AGREEING TO THE DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY.
The Platform may allow you to download certain content. Vyne Legacy makes no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with Vyne Legacy or a third party, for example, an agreement with a mobile application store.
The Platform and these Terms are in effect until terminated by you or Vyne Legacy. We may terminate these Terms by notifying you using any contact information we have about you or by posting such termination on the Platform. You may terminate these Terms by providing written notice of termination, including your detailed contact information and your account information, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Platform and any related features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
The provisions of these Terms concerning the protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you must destroy all content obtained from the Platform and all copies thereof; (ii) you will immediately cease all use of and access to Platform; (iii) we may delete or disable access to any of your User Content or Vyne Legacy content at any time; (iv) and we may, in our sole discretion, delete your User Account. You agree that if your use of Platform is terminated pursuant to this Agreement, you will not attempt to use Platform under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Platform after termination will be a violation of this Section, which survives any termination.
Even after the termination of this Agreement or of your Account or access to the Platform, any User Content you have posted or submitted may remain on the Platform indefinitely.
15. Disclaimer of Warranty
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON THE PLATFORM OR ON ANY OTHER SITES LINKED TO OR FROM THE PLATFORM. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE PLATFORM IS DONE AT YOUR OWN RISK. THE CONTENT OF THE PLATFORM IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF OUR PLATFORM IS ENTIRELY AT YOUR OWN RISK.
16. Limitation of Liability
WE AND ANY OF OUR AFFILIATES, DIVISIONS, AND RELATED ORGANIZATIONS AS WELL AS OUR AGENTS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE PLATFORM, ANY VYNE LEGACY CONTENT, OR EXTERNAL LINKS ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.
RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.
You agree to indemnify, defend and hold Vyne Legacy and all of our directors, officers, employees, agents, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with the Platform; or (iii) the User Content or other information you provide to us through the Platform. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
18. Disputes, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
No Class Actions: YOU AND WE AGREE THAT ANY CLAIMS OR ARBITRATION RELATED TO THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR MASS ARBITRATION. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: Vyne Legacy, 7171 W 95th St Ste. 501, Overland Park, KS 66212. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. Except in the event of a Coordinated Claim (as defined below), if you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.
Coordinated Proceedings: If 20 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals ("Coordinated Claims"), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and counsel for Vyne Legacy shall each select five cases to proceed first in arbitration in a bellwether proceeding ("Test Cases"). The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against Vyne Legacy. Individuals bringing Coordinated Claims shall be responsible for up to $250 of their filing fees or the maximum permissible under the applicable arbitration rules.
Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Missouri exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
19. Terms for Users in Certain Geographic Locations
The following terms apply to Users that are residents of certain jurisdictions:
New Jersey Users: If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
California Users: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Users Outside of the United States: WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON THE PLATFORM ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE PLATFORM IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORM OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Platform do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.
Despite the above, as a consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to these Terms heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND RESERVES THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT.
We may limit the availability of the Platform, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms, as well as all other documents related to it, including notices and correspondence, will be in the English language only.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:
L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.
Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.
Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Platform, please send an e-mail to [email protected] You may also contact us by writing to Vyne Legacy, 7171 W 95th St Ste. 501, Overland Park, KS 66212.
Exceptions to Liability Limitations: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
Australia: Where any Act of Parliament implies any condition or warranty in relation to your use of the Platform and that Act prohibits exclusion of that term, then that term is included. To the maximum extent permitted by law, our liability for any breach of such a non-excludable term is limited to the supplying of the products or services again.
20. Consent to Communication
Parental Controls: Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such sites.
22. Other Policies
These Terms apply exclusively to your access to, and use of, the Platform as a User and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of the Platform and are included as part of this Agreement whether they reference these Terms or not.
Other policies and agreements are typically found by navigating the Platform, typically by checking website headers and footers and by reviewing hyperlinked terms.
Should Vyne Legacy employ you, none of the materials provided on the Platform constitute or should be considered part or of an employment contract or an offer for employment.
23. Updates to this Agreement
We may revise or otherwise change or update these Terms from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to these Terms, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review these Terms―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Platform. Your continued use of a Platform will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Platform, an email to the address we have on file, or a message in your User Account.
If any provision of these Terms is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.
25. Contact Us
If you have questions about these Terms, or if you have technical questions about the operation of a Platform, please contact us by emailing to [email protected] You may also contact us by writing to Vyne Legacy, 7171 W 95th St Ste. 501, Overland Park, KS 66212.
If you have any questions or comments about Vyne Legacy or our services or have other customer service needs, please click here for information on contacting our representatives