Thank you for using the Limited mobile device application (the “App”) and/or Limited website (the “Site”, and collectively with the App, the “Platform”), which is developed and made available by Limited Technologies, Inc. (the “Company”). These Terms of Service (“Agreement”) govern your browsing, viewing and other use of the Platform, including transactions you agree to enter into with other users on the marketplace accessible through the Platform (the “Marketplace”).
Please read this Agreement carefully, as it (among other things) provides in Section 18 that you and the Company will arbitrate certain claims instead of going to court and that you will not bring class action claims against the Company unless you opt out as provided in such agreement to arbitrate. Please only create a Platform account or otherwise use the Platform if you agree to be legally bound by all terms and conditions herein. If you are viewing this on your mobile device, you can also view this Agreement via a web browser at https://help.limited.co/en/articles/5702751-terms-of-service. Your acceptance of this Agreement creates a legally binding contract between you and the Company. If you do not agree with any aspect of this Agreement, then do not create a Platform account or otherwise use the Platform.
Note for Children. Use of the Platform by anyone under the age of 13 is prohibited. By using the Platform, you represent and warrant that are you at least 13 years of age. Minors under 18 and at least 13 years of age are only permitted to use the Platform through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision.
The Platform allows for users to upload content that may be viewed by other users. As further described below, inappropriate content, including without limitation content that is obscene, pornographic or defamatory, is not allowed and is subject to removal in the Company’s sole discretion. If you see any prohibited content within the Platform, please notify the Company. Users who upload prohibited content may have their accounts suspended or terminated.
How it Works. The Platform allows users to offer for sale, sell, offer to buy and buy consumer goods (“Goods”) in the Marketplace. Users can choose to make Goods available on the Marketplace for purchase by other Platform users pursuant to the terms and conditions set forth in Section 3 below. A user posting Goods for sale is referred to in this Agreement as a “Seller,” while a user buying or offering to buy Goods through the Marketplace is referred to in this Agreement as a “Buyer.” A user can act as both a Buyer and a Seller. The Marketplace may provide for the offer for sale and purchase of Goods using a variety of pricing or auction process formats made available on the Platform from time to time in the Company’s sole discretion and as selected by the Seller.
2.1 You acknowledge that all transactions for the purchase and sale of Goods you enter into in connection with your use of the Platform (“Transactions”) are between you and the other Platform user acting as a Buyer or Seller (as applicable) with respect to such Transaction. You further acknowledge that the Company is not a party to such transactions and that the Company is not a seller or a traditional auctioneer. The Company’s sole involvement in user-to-user transactions is to make available the Marketplace for Sellers to list, and for Buyers to purchase (as applicable), Goods and to facilitate payment processing services therefor provided by a third party, as further described in Section 4 below. As such, the Company shall have no liability to you with respect to any attempted, consummated or failed Transaction. Any agreement to purchase Goods within or through the Platform (including in the Marketplace) constitutes a contract directly between the applicable Buyer and Seller under the terms and conditions of Section 3 below. Any Transaction you choose to enter into is at your sole risk. The Company has no control over, does not guarantee and makes no representations or warranties of any kind with respect to, the quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a Buyer or Seller will actually complete a transaction on the Marketplace. The Company is not responsible for any non-conformity or defect in, or compliance with any recall of, any Goods listed by any Seller on the Platform or Marketplace.
2.2 You are solely responsible determining any tax obligations you may have with respect to all Transactions and making full and timely payment of any such tax obligations. Any sales tax calculation functionality provided by the Platform is provided to you as a convenience and on an “AS-IS” basis. The Seller assumes all risk of such calculations being inaccurate and should independently verify, and is responsible for ensuring, that their tax obligations are correctly calculated and paid.
Sale and Purchase of Goods
3.1 Sellers. When you act as a Seller on the Platform and make available your Goods for purchase on the Marketplace you hereby (1) acknowledge and agree that you enter into a legally binding contract with the applicable Buyer to sell an item when you accept such Buyer’s offer or bid to buy such item; (2) assume full responsibility for the Goods offered and the accuracy and content of the listing with respect to such Goods; (3) effective upon the purchase by a Buyer of such Goods through the Platform and subject to the shipping terms established by you, assign to such Buyer all of your right, title and interest in and to such Goods; (4) agree that content in your listing that violates any of the Company’s policies may be modified, obfuscated or deleted at the Company’s sole discretion; (5) agree that you will not sell, and will promptly remove all listings for any, Goods recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the Goods pose a health or safety hazard as specified by any governmental agency; and (6) represent and warrant to such Buyer that, prior to such purchase, you hold all legal title to such Goods and that you have not granted to any third party any rights or licenses of any kind with respect to such Goods that conflict with Buyer’s purchase of such Goods. As a Seller you are solely responsible for establishing shipping terms for your Goods and for the shipment of Goods to any Buyer of such Goods.
3.2 Buyers. When you act as a Buyer on the Platform and purchase Goods made available by a third party, you hereby (1) acknowledge and agree that you enter into a legally binding contract with the applicable Seller to purchase an item when you commit to buy such item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted by such Seller); (2) agree to pay to Seller all amounts due therefor; and (3) acknowledge and agree that the applicable Seller sells the Goods to you on an “AS-IS” basis, other than as expressly set forth in Section 3.1. As a Buyer you are solely responsible for providing accurate shipping information to enable Sellers to successfully ship Goods to you that you have purchased in the Marketplace.
3.3 Disputes. If you find yourself in a dispute with a Seller or a Buyer, as applicable, or another user of the Platform, we encourage you to contact the other party and try to resolve the dispute amicably. The Company may attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in the Company’s sole discretion; provided, however the Company will not make judgments regarding legal issues or claims with respect to any dispute nor will the Company have any obligation to resolve or attempt to resolve any disputes. You hereby release the Company (and its affiliates, and its and their respective officers, directors, employees and agents) from any claims, demands, and damages arising out of disputes with other users.
4.1 General. Payment processing for Transactions is provided by PayPal, Inc. (“PayPal”). Company does not collect or store your credit card information.
4.2 Transaction Processing. The Platform incorporates payment processing services offered and operated by PayPal to process payments in connection with Transactions on the Platform. In order to use the Platform to enter into Transactions, Buyers and Sellers agree that they must create an account with PayPal and agree to the (i) PayPal user agreement available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full?locale.x=en_US, (ii) collection, use and disclosure practices by PayPal set forth in the PayPal Privacy Statement, available at https:// https://www.paypal.com/us/webapps/mpp/ua/privacy-full?locale.x=en_US and (iii) PayPal Platform Seller Account Agreement available at https://www.paypal.com/us/webapps/mpp/ua/platform-seller-agreement?locale.x=en_US, each as may be updated from time to time.
4.3 Information. Buyers and Sellers agree to provide all information requested by Company and/or PayPal in connection with enabling payment processing hereunder, verifying their identities, satisfying IRS reporting obligations and complying with any legal or compliance requirements. Buyers and Sellers shall promptly notify Company and/or PayPal of any change or update to any information previously provided to Company and/or PayPal (as applicable). From time to time, PayPal may have an obligation to provide certain notices or forms, such as tax invoices, to Buyers and Sellers. Buyers and Sellers hereby agree that Company is entitled to receive such notices and forms on their behalf, without PayPal being obliged to directly provide the notices and forms to them. Upon receipt of any such form, Company shall promptly make such notices and forms available to the applicable Buyer or Seller’s account in a manner consistent with applicable law.
4.4 Modifications. Company may from time to time change the third party payment processing service upon notice to you. In such event, you acknowledge that, as a condition of your continued use of the Platform, you shall be required to: (i) agree to different terms and conditions applicable to such payment processor which may be materially different than the terms and conditions applicable to PayPal or the then-current payment processor, (ii) agree to a modified version of this Agreement and/or (iii) provide all information and take such other actions as are required by the payment processor in connection with its payment processing service. In the event you do not wish to comply with any of the foregoing requirements, your sole remedy shall be to cease using the Platform.
4.5 Liability. Sellers and Buyers acknowledge that by entering into this Agreement, creating a Platform account and/or engaging in Transactions, they are also entering into separate agreements directly with PayPal or any replacement third party payment processing service provider, that Company is not a party to such separate agreements and that Company is not an affiliate of PayPal or any replacement third party payment processing service provider. Sellers and Buyers acknowledge and agree that Company does not control PayPal or any replacement third party payment processing service provider or their performance of payment processing services, and that Company shall have no liability of any kind for any act or omission (including negligence) of PayPal or any replacement third party payment processing service provider or any claim, demand, suit, damage, judgment, liability, loss, expense or cost incurred by such Sellers or Buyers in relation to the performance or non-performance of payment processing services by PayPal or any replacement third party payment processing service provider, other than to the extent to which any of the foregoing may arise from the gross negligence or willful misconduct of Company.
4.6 Company Commissions and Fees. Company may charge commissions or other fees to Buyers and Sellers in consideration for the use of the Platform or in connection with Transactions, as displayed within the Platform user interface from time to time. Buyer and Seller acknowledge and hereby consent to any commissions or other fees associated with a given Transaction being deducted by the Company or PayPal (or any replacement third party payment processing service provider) from Transaction amounts as displayed within the Platform user interface at the time of the Transaction.
4.7 No Refunds. Transactions cannot be reversed through the Platform. To the extent a Buyer and Seller independently agree to reversal of a Transaction, no commissions or other fees will be refunded by the Company.
5.1 You understand that all services are provided to you through the Platform on an “as-available” basis and the Company does not guarantee that the availability or operation of the Marketplace will be uninterrupted or bug free. You agree you are responsible for all content provided by you to the Platform and all activities that occur under your user account.
5.2 You hereby grant the Company a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, license to reproduce, display, transmit and otherwise use content provided by you with respect to your use of the Platform and/or Marketplace (“Your Content”) in any manner that is necessary or desirable to provide the features and functionality of the Platform and to operate the Marketplace. You also hereby grant to each user of the Platform a non-exclusive license to access and view Your Content as permitted by the functionality of the Platform. The aforementioned licenses will terminate with respect to any particular item of Your Content when you or the Company remove it from the Platform, provided that you acknowledge that such licenses survive to the extent necessary for a copy of Your Content to be retained by the Company.
5.3 In connection with Your Content, you further represent and warrant that you will: (i) not provide any of Your Content that you do not own or that is otherwise subject to any third party intellectual property or proprietary rights; (ii) not provide Your Content that violates the rights of publicity or privacy rights of any person; (iii) to the extent required under applicable law, have obtained valid written permission from each individual person whose likeness is used in Your Content sufficient to grant the Company and other users all of the license rights granted herein and sufficient to engage in any transactions relating to Your Content in the Marketplace in which you engage; (iv) not provide any content that that is unlawful, defamatory, libelous, threatening, pornographic, obscene, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (v) not post advertisements or marketing content or solicitations of business, or any content of a commercial nature other than with respect to the sale of Goods on the Marketplace as permitted herein. The Company may investigate an allegation that Your Content does not conform this to Agreement and may determine in good faith and in its sole discretion whether to remove any portion of Your Content, which the Company reserves the right to do at any time. If you are a copyright holder and believe in good faith that your content has been made available through the Platform without your authorization, you may follow the process outlined at https://help.limited.co/en/articles/5702734-dmca-policy to notify the Company’s designated agent (pursuant to 17 U.S.C. § 512(c)) and request that the Company remove such content.
5.4 You hereby acknowledge that you may be exposed to content from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the Platform, and further acknowledge that the Company does not control the content posted by Platform users and does not have any obligation to monitor such content for any purpose.
Representations and Warranties. You represent, warrant and covenant that, in connection with this Agreement or your use of the Platform, you will not and will not attempt to: (i) violate any laws, third party rights or our community guidelines and other policies; (ii) breach the terms or conditions of Section 3 with respect to any Transaction to which you are a party; (iii) re-join or attempt to use the Platform if the Company has banned or suspended you; (iv) defraud the Company or another user; or (v) use another user’s account or allow another person to use your user account. Any illegal activities undertaken in connection with the Platform may be referred to the authorities.
License to Use the App. If you have downloaded the App, then, subject to your compliance with all the terms and conditions of this Agreement, the Company grants you a limited, nonexclusive, nontransferable, revocable license to use the App on a compatible mobile device for your personal use, in each case in the manner enabled by the Company. If you are using the App on an Apple, Inc. (“Apple”) iOS device, the foregoing license is further limited to use permitted by the Usage Rules set forth in Apple’s Media Services Terms and Conditions.
Ownership; Proprietary Rights. As between you and the Company, the Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Platform and Marketplace and all usage and other data generated or collected in connection with the use thereof (the “Company Materials”). Except as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithm or programs underlying the Company Materials. The Company reserves the right to modify or discontinue the Platform or any version(s) thereof at any time in its sole discretion, with or without notice.
Third Party Sites. The Platform may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.
Mobile Services. Use of the App requires usage of data and messaging services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the App.
Prohibited Uses. As a condition of your use of the Platform, you will not use the Platform for any purpose that is unlawful or prohibited by this Agreement. You may not use the Platform in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform. You agree not to scrape or otherwise use automated means to access or gather information from the Platform, and agree not to bypass any robot exclusion measures we may put into place. In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we believe (in our sole discretion) is false or misleading (including a profile that impersonates a third party).
Additional Terms. When you use certain features or materials on the Platform, or participate in a particular promotion, event or contest through the Platform, such use or participation may be subject to additional terms and conditions posted on the Platform. Such additional terms and conditions are hereby incorporated within this Agreement, and you agree to comply with such additional terms and conditions with respect to such use or participation.
Termination. You may terminate this Agreement at any time, for any reason or for no reason, by deleting your Platform account by contacting us at [email protected]. Note that deleting the App from your device will not terminate your Platform account. You agree that the Company, in its sole discretion and for any or no reason, may terminate this Agreement, your account or your use of the Platform, at any time and without notice. The Company may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that the Company shall not be liable to you or any third-party for any such termination. Sections 2, 4.3, 4.5, 4.7, 5, 6 and 8 through 19 (inclusive) will survive any termination of this Agreement.
Apple. You hereby acknowledge and agree that Apple, Inc.: (i) is not a party to this Agreement; (ii) has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform; (iii) is not responsible for addressing claims by you or any third party relating to the Platform, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; (iv) has no responsibility to investigate, defend, settle or discharge any claim that the Platform or use thereof infringes any third party intellectual property rights; and (v) is a third party beneficiary of this Agreement with the right to enforce its terms against you directly.
Disclaimers; No Warranties. THE PLATFORM (INCLUDING THE MARKETPLACE) AND ANY INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification. You agree to indemnify and hold the Company and its affiliated companies, and each of their officers, directors, employees, contractors, attorneys and agents (the “Representatives”), harmless, and at the Company’s request defend the Company and its Representatives, from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees (any of the foregoing, a “Claim”), arising out of or relating to: (i) your use or misuse of the Platform (including the Marketplace), Your Content, your entry into or performance of any Transaction, your breach of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of the Company’s willful misconduct or gross negligence; (ii) your breach of any applicable law or regulation in connection with your use of the Platform (including the Marketplace); and (iii) any dispute between you and any other user of the Platform. The Company reserves 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.
Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE PLATFORM (INCLUDING THE MARKETPLACE), INCLUDING YOUR USE THEREOF, ANY OTHER INTERACTIONS WITH THE COMPANY, OR ANY INTERACTIONS BETWEEN YOU AND A SELLER OR BUYER (INCLUDING WITH RESPECT TO ANY ATTEMPTED, CONSUMMATED OR FAILED TRANSACTION), EVEN IF THE COMPANY OR A COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM (INCLUDING THE MARKETPLACE) EXCEED FIFTY U.S. DOLLARS.
18.1 Agreement to Arbitrate. This Section 18 is referred to herein as the “Arbitration Agreement.” The Company and you agree that any and all controversies, claims, or disputes between you and Company arising out of, relating to, or resulting from this Agreement, the Platform (including the Marketplace), shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. THE COMPANY AND YOU IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY EITHER COMPANY OR YOU.
18.2 Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
18.3 Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 17. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against the Company.
18.4 Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
18.5 Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Platform users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
18.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
18.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
18.8 Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 18.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 18.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
18.9 Opt Out. You may opt out of this agreement to arbitrate in this Section 18. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days after the date that you first became subject to this Arbitration Agreement . The opt out notice must state that you do not agree to the agreement to arbitrate and must include your name, address, phone number, your user account to which the opt out applies and a clear statement that you want to opt out of this Arbitration Agreement. You must sign the opt out notice for it to be effective. This procedure is the only way you can opt out of this Arbitration Agreement. You must use this email address to send your opt-out notice to the Company: [email protected].
Miscellaneous. The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after the Company provides notice to you of the Changes, whether such notice is provided through the Platform user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. Under this Agreement, you consent to receive communications from the Company electronically. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Platform (including the Marketplace) that is not subject to arbitration under Section 18 shall be filed only in the state or federal courts in California (or a small claims court of competent jurisdiction) and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a Change to this Agreement made by the Company as set forth herein.
More Information; Complaints. The services hereunder are offered by Limited Technologies, Inc., located at 340 S Lemon Ave #2090, 91789 Walnut, CA, email: [email protected], telephone: (213) 260-0353. may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (800) 952-5210. Hearing impaired users can call (800) 735-2929 (TTY) or (800) 735-2922 (Voice).