LAST UPDATED: 30 MAY 2016
Please read these Terms and any applicable Additional Terms before using the Website and Services operated by OnlyChai LLC (the “Company” or “OnlyChai”). Your access to and use of OnlyChai.com (together with blog.onlychai.com the “Website”) and Services is conditioned upon acceptance of and compliance with these Terms. These terms apply to all users, and others who access or use the Website, regardless of whether or not they become a registered user.
1. Acceptance of Terms. The Service is owned and operated by OnlyChai, LLC (the “Company”) and can only be accessed and used by you pursuant to these Terms. By using the Service you represent, warrant, understand, agree to and accept the Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Service. You hereby consent to have this Agreement and any notices provided to you in electronic form.
3. Eligibility. You represent and warrant that you currently meet, and will continue to meet, the following eligibility requirements (“Eligibility Requirements”) for as long as you use the Website and Service: (i) that you are at least eighteen (18) years of age and have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein; (ii) that you comply with all laws, rules and regulations in connection with your use of the Service, including without limitation being legally authorized to work in the jurisdiction in which you seek to provide or receive services; (iii) that you are not and have not been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (iv) that you have not been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence; and (v) that neither you, nor to the best of your knowledge anyone in your home or, as applicable, the location where services are provided or received, is currently out on bail or on such person’s own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.
By using the Service, you understand and agree that the Company may rely on the above representations and warrantees as true. You understand and agree that the Company may revise the Eligibility Requirements from time to time, in its sole discretion for any reason or no reason whatsoever. You agree to discontinue using the Service if you either no longer satisfy the Eligibility Requirements or no longer wish to be bound by the Terms of this Agreement. If The Company becomes aware of or believes that there are violations of the Eligibility Requirements by any User or that the User has otherwise provided any false or misleading information, it may, among other things, in its sole discretion and without notice suspended and/or terminate such User. If your account is terminated or suspended, you agree to make no further use of the Service after termination or during suspension.
The Company does not routinely verify that the Eligibility Requirements are met by any other Users. You agree that The Company is not responsible for: (i) assuring that the Eligibility Requirements are met; or (ii) failing to suspend, terminate or prevent the use of the Service by any User. Except where expressly stated otherwise in this Agreement, you agree that you are solely responsible for conducting any appropriate background checks and obtaining references prior to engaging another User to perform services. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about whether to engage other Users to perform services, accepting any engagements offered by other Users or otherwise interacting with other Users. The Company hereby expressly disclaims, and you hereby expressly release The Company from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or in any way related to: (i) any inaccuracy, untimeliness or incompleteness of a User’s Eligibility Conditions; and/or (ii) any misstatements or misrepresentations made by any Users.
4. Limited License. Subject to these Terms, OnlyChai grants you a personal, nonexclusive, nontransferable license to use the Service and to download and use the Apps, if applicable, on any mobile device that you own or control, solely for your personal, noncommercial use except as expressly set forth herein.
The Service will be provided in the form and format as determined by OnlyChai in its sole discretion. It is possible that such form and format may not be compatible with all devices, browsers or applications or may require additional licensing terms. Except as expressly provided in these Terms, this Limited License does not include: (i) any resale or commercial use (except as expressly set forth herein) of the Service or of any content or materials contained therein ("OnlyChai Content"); (ii) modifying or otherwise making any derivative uses of the Service or any OnlyChai Content; (iii) use of any data mining, robots or similar data gathering or extraction methods; (iv) reproducing, distributing, publicly performing or publicly displaying the Service or the OnlyChai Content; (v) reverse engineering or otherwise attempting to discover any source code; or (F) any use of the Service other than for their intended purpose(s). Any use of the Service or the OnlyChai Content other than as specifically authorized herein, without the prior, written permission of OnlyChai, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
5. Location Information; Consent to Use of Data and Mobile Communications. The Service, including any applicable Apps, may implement a location feature whereby your geolocation information will automatically be collected if you provide your consent. In such event, the Service will use and share such location to enable User to determine which Users are nearby. OnlyChai may use location information to provide information and advertising to Users. PLEASE SEE THE PRIVACY SETTINGS IN THE APPS AND /OR YOUR DEVICE AND/OR UNINSTALL THE APPS FROM YOUR DEVICE IF YOU WANT TO STOP AUTOMATIC COLLECTION OF YOUR LOCATION.
6. Service as Venue; Release. The Service offers tools, resources and a venue to connect those seeking wellness, fitness and exercise service providers (“Wellness Seekers”) with those seeking to provide wellness, fitness and exercise services (“Wellness Providers”). You understand and agree that OnlyChai: (i) does not employ, recommend or endorse any User and has no control over the acts or omissions of any Users; (ii) is not responsible or liable in any manner for the performance or conduct of any Users or other third parties online or offline; (iii) makes no representations or warranties about the quality of the services provided by any User or about your interactions or dealings with other Users; and (iv) does not screen Users or automatically conduct any kind of identity or background checks except as otherwise expressly stated in these Terms. Regardless of whether OnlyChai screens users or performs a background check, you should exercise caution and perform your own screening before connecting with anyone through the Service, meeting anyone, engaging Users or accepting engagements. OnlyChai hereby expressly disclaims, and you hereby expressly release OnlyChai, its officers, employees and affiliates from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Service or your interactions or dealings with other Users, including without limitation any acts and/or omissions of Users online or offline. By using the Website and Service, you acknowledge and agree that you are solely responsible for your use of the Service and the connections you make and that ALL USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.
7. Transactions Are Between Users; Release. The Service may be used to help obtain or offer services provided by Users and to facilitate payment for such services. However, Users transact solely between themselves, and OnlyChai is not a party to any transactions between Users. OnlyChai hereby expressly disclaims, and you hereby expressly release OnlyChai from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to disputes, dealings, or interactions between you and any other Users or third parties.
8. No Professional Advice; Information Only. Any information, materials, content and/or advice provided or obtained through the Service, whether by OnlyChai, Users or third parties, are for informational purposes only. If you have specific concerns or a situation arises requiring professional advice, you should consult with an appropriately trained and qualified professional. OnlyChai hereby expressly disclaims, and you hereby expressly release OnlyChai from, any and all liability whatsoever for any controversies, claims, suits, injuries, losses, harms and/or damages arising from and/or in any way related to the information, materials and content provided through the Service.
9. Use of the Website and Service. You agree to use the Service in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Service that OnlyChai, finds inappropriate or offensive or contrary to these Terms may result in suspension or termination of your account with or without notice. OnlyChai reserves the right to suspend or terminate your account with or without notice at any time in its sole discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension.
You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Service:
OnlyChai reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to OnlyChai. You may report any alleged improprieties by any User to OnlyChai by email at firstname.lastname@example.org. However, enforcement of these Terms is solely at OnlyChai's discretion, and failure to enforce in some instances does not constitute a waiver of OnlyChai’s right to enforce in other instances. In addition, these Terms do not create any private right of action on the part of any User or third party or any reasonable expectation that the Service will not contain any content or conduct that is prohibited by such Terms.
10. Account Security. You are responsible for maintaining the confidentiality of passwords and account information in connection with the Service, and you are fully responsible for all activities that occur under your account. You agree to immediately notify OnlyChai of any unauthorized use of accounts or any other breach of security.
12. User Content. "User Content" is defined as any information, content, messages, photos, and/or materials a User posts on or through the Service, submits to OnlyChai and/or submits to any other User on or through the Service or by any other medium or method. OnlyChai acts as a passive conduit for User Content, and Users, not OnlyChai, are solely responsible for the User Content they post, submit or transmit through the Website and Service. User Content, including without limitation in connection with registration and Users' profiles, is self-reported and you understand and agree that OnlyChai does not independently verify that any or all of the User Content is accurate, appropriate, timely or complete. You understand and agree that you make your own decisions and assessments about User Content and about persons to engage or engagements to accept. OnlyChai hereby expressly disclaims, and you hereby expressly release OnlyChai from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss and/or damages, arising from and/or in any way related to any User Content, including without limitation to any acts of or reliance upon other Users with respect to such User Content and/or any comments made by User about others.
You represent and warrant that you are the owner or licensee or otherwise have the right to post or submit such User Content, and you grant to OnlyChai an irrevocable, perpetual, non-exclusive, fully paid, worldwide, sublicensable license to use, copy, perform, display, reproduce, adapt, modify, prepare derivative of, and distribute such User Content and to incorporate such User Content into other works.
Although OnlyChai has no obligation to screen, edit or monitor User Content, OnlyChai reserves the right, and has absolute discretion, to remove, screen or edit User Content or suspend or terminate your account for any reason or for no reason, including if it believes that any User Content violates any of the foregoing rules. You agree to make no further use of the Service during suspension or after termination.
These rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
Although OnlyChai has no obligation to do so, OnlyChai reserves the right, and has absolute discretion, to remove, screen or edit User Content posted or stored on the Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing User Content you post or store on the Service at your sole cost and expense.
13. Payment Services. OnlyChai utilizes and incorporates Third-Party Services that provides Users with the ability to process payments (the “Payment Service”). Stripe, provides Payment Services in connection with the Website and Services. The Payment Services are subject to the Stripe Terms of Service and, if applicable the Stripe Connected Account Agreement (collectively, the “Stripe Services Agreement” the latter applicable to Wellness Providers). You agree to be bound by the Stripe Services Agreement, as the same may be modified from time to time by Stripe. As a condition of OnlyChai enabling payment processing services through Stripe, you agree to provide Stripe, and if applicable OnlyChai with accurate and complete information about you, your business and the transactions. You authorize OnlyChai to share information related to your use of the payment processing services provided by Stripe.
By using the Payment Service to process payment you acknowledge and agree: (i) that you have downloaded or printed the Stripe Services Agreement and agree to be bound by the same. Please note that OnlyChai is not a party to the Stripe Services Agreement and has no obligations or liability to you of any kind under the Stripe Services Agreement. If you have questions regarding the Stripe Services Agreement, please contact Stripe at support.stripe.com/email
14. Third-Party Reporting Agencies. OnlyChai may utilize or make available to Users certain third-party consumer reporting agencies that perform, among other things, criminal records checks, sex offender registry checks, motor vehicle records checks and identification verifications (collectively, “Reports”). OnlyChai does not automatically request Reports. OnlyChai does not provide, and is not responsible or liable in any manner for, the content of Reports, and it does not endorse or make any representations or warranties regarding the reliability of such Reports including without limitation the accuracy, timeliness or completeness of any information in the Reports. OnlyChai does not independently verify information in the Reports.
You hereby consent to the collection, use and disclosure of the information in the Reports. You understand and agree that OnlyChai may, in its sole discretion, review and rely on the information in the Reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User. If you are the subject of a Report, you may contact the applicable third-party reporting agency to dispute the accuracy, timeliness or completeness of such information. OnlyChai reserves the right to suspend and/or terminate you or other Users based on information in the Reports or for any other reason, or no reason, in OnlyChai’s sole discretion.
Note the following limitations in Reports: Except as otherwise expressly provided in these Terms, OnlyChai does not automatically run Reports on any Users - you should not assume that Reports have been run. Records not available to third-party consumer reporting agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Reports. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions from foreign countries and nolle prosequi will not be reported.
15. Fair Credit Reporting Act. If you obtain Reports that are governed by the Fair Credit Reporting Act, 15 USC 1681 ("FCRA"), you hereby represent and warrant that you will comply with the FCRA, which can be found at: http://www.ftc.gov/os/statutes/031224fcra.pdf or at www.ftc.gov in connection with your use of such Reports. The third-party consumer reporting agency responsible for the Reports provides a summary of FCRA rights for Users who authorize such Reports, and the third-party consumer reporting agency responsible for the Reports also provides notice when Users are terminated based on information in such Reports. You agree to comply with any applicable provisions of the FCRA relevant to you at all times. OnlyChai hereby expressly disclaims, and you hereby expressly release OnlyChai from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages, arising from and/or in any way related to the Reports.
16. Paid Memberships. Access to certain services and features of the Service require a paid membership (“Paid Membership”). Upon registration for a Paid Membership, you agree to pay OnlyChai the applicable membership fees at the prices then in effect, and you authorize OnlyChai to charge your chosen payment method in connection therewith. OnlyChai reserves the right to correct any payment errors even if it has already requested and/or received payment.
OnlyChai may use third-party payment processing services to process credit card payments and information in connection with the payment of membership fees and other amounts payable in connection with the Service (see Payment Services above). OnlyChai hereby expressly disclaims, and you hereby expressly release OnlyChai from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to OnlyChai’s use of third-party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about OnlyChai’s use of payment processing services, please contact OnlyChai by email at email@example.com.
OnlyChai may offer limited-time, free trial memberships or other promotions from time to time at its sole discretion. In some cases, which will be disclosed at the time of sign-up, these promotions may automatically convert to Paid Memberships if you do not cancel within a designated time frame. In such instances, if you continue your membership after the end of the free trial or promotional period, you will be charged the price then in effect. To avoid such charges, you must cancel your membership prior to the end of the free trial or promotional period by calling OnlyChai at ###-###-####, by emailing at firstname.lastname@example.org, or through your account settings.
17. Automatic Renewal and Cancellation. Paid Memberships and some paid features (“Features”) may be automatically extended for successive renewal periods of the same duration as the Paid Membership and/or Feature term originally selected (as indicated at the time of sign-up). IF YOU SIGN UP FOR A PAID MEMBERSHIP OR FEATURE THAT IS SUBJECT TO AUTOMATIC RENEWAL, YOU AGREE THAT THE TERM OF SUCH PAID MEMBERSHIP OR FEATURE WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH TERM UNLESS AND UNTIL YOU CANCEL PRIOR TO THE END OF THE CURRENT TERM BY CALLING ONLYCHAI AT 1-###-###-####, BY EMAILING AT CONTACT@ONLYCHAI.COM OR THROUGH YOUR ACCOUNT SETTINGS. At or near the time of each renewal, you authorize OnlyChai to charge your selected payment method the then-current, applicable fee in accordance with the Paid Membership or Feature you selected. Upon cancellation, you will have access to the Paid Membership and/or Feature benefits until the end of the then current Paid Membership and/or Feature term, and the Paid Membership and/or Feature will not be renewed after that term expires. You will not be eligible for a refund of any portion of the Paid Membership and/or Feature fees paid for the then-current Paid Membership and/or Feature period, except as expressly provided in these Terms. OnlyChai is not responsible for and will not reimburse any fees incurred by you from your bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by OnlyChai.
18. Prohibited Uses. The Service is for the use of individuals only and may not be used in connection with any commercial endeavors (other than the direct employment of Wellness Providers) without the express written consent of OnlyChai. The Service may not be used by any person or organization to recruit in connection with another website or service or to solicit, advertise, or contact others for employment, contracting, or any other purpose unrelated to or affiliated with OnlyChai without express written permission from OnlyChai. You agree not to use User Content in order to contact, advertise, solicit, or sell to others without their express consent.
You agree not to collect User Content or any other information, materials or content obtained through the Service, including without limitation names, phone numbers, email addresses, profiles, copyrighted text, or job listings. You agree not to misuse or misappropriate information, materials or content, or any information obtained through use of the Service, whether by manual or automated means, including without limitation though web scraping, without express written permission from OnlyChai. Should OnlyChai have a reasonable basis to believe that you violated this section, OnlyChai reserves the right, in addition to other remedies and at its sole discretion, to assess, and you will be obligated to pay $10,000 per day for scraping, as liquidated damages in order to offset the costs, expenses and losses that can not be calculated.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ONLYCHAI FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, INCURRED BY ONLYCHAI IN ANY WAY RELATED TO YOUR:
YOU FURTHER AGREE THAT YOU WILL COOPERATE, AS REQUESTED BY ONLYCHAI OR SOMEONE ON ITS BEHALF, IN THE DEFENSE OF SUCH CLAIMS. ONLYCHAI RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY SUCH CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF ONLYCHAI.
IF PERMITTED BY LAW, YOU AGREE TO RELEASE ONLYCHAI FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO ONLYCHAI’S OWN NEGLIGENCE, INCLUDING, WITHOUT LIMITATION, ANY NEGLIGENCE RELATING TO:
This release does not include claims, suits, injuries, loss, harm or damages arising from OnlyChai’s gross negligence or willful tortious conduct.
21. Suspension and Termination. OnlyChai may restrict, suspend and/or terminate your account for any reason or for no reason at all with or without notice. You agree to make no further use of the Service or the OnlyChai Content during suspension or after termination. OnlyChai reserves the right, but does not undertake a duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive remedy against you for continuing to use the Service or the OnlyChai Content during suspension or after termination. You agree that OnlyChai may recover reasonable attorneys’ fees and court costs from you for such actions. Even while your membership is suspended and after it is terminated, these Terms will remain enforceable against you. All other terms that by their nature may survive suspension and/or termination of these Terms shall also be deemed to survive such suspension and/or termination.
22. Intellectual Property Rights of Service. Except for the license expressly granted in these Terms, you are not granted any rights in or to the Service by implication, estoppel, or other legal theory, and all rights in and to the Service not expressly granted in these Terms are hereby reserved and retained by OnlyChai. The Service, the OnlyChai Content, and all information, materials, tools, code and content contained therein, including without limitation all text, graphics, logos, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, directories, queries, algorithms, structure, organization, and other content (collectively "Proprietary Material"), are owned by OnlyChai or its licensors or users and is protected by U.S. and international copyright law. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. OnlyChai also owns the coordination, selection, arrangement and enhancement of such Proprietary Material as a collective work and/or compilation under the United States Copyright Act, as amended.
You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without OnlyChai's prior express written permission. Furthermore, you are not allowed to post, distribute or reproduce any User Content that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject you to termination or suspension from the Service and/or civil and/or criminal penalties.
The Service contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of OnlyChai and/or the relevant right holder. The service marks, trademarks, logos and trade names appearing on this Service are owned by OnlyChai or are appearing on the Service with permission of the respective owners, and you acknowledge the rights of OnlyChai and the respective third parties therein. You may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
23. Copyright Complaints and Copyright Agent. It is OnlyChai’s policy to respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law. OnlyChai has adopted a policy of terminating, in appropriate circumstances and at OnlyChai's sole discretion, members who are deemed to be repeat infringers. OnlyChai may also at its sole discretion limit access to the Service and/or terminate the accounts of anyone who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that your copyrights or other intellectual property rights have been infringed by postings appearing on OnlyChai’s Services, you should provide OnlyChai's designated agent (as set forth below) with the following information:
Deliver the Copyright Complaints Notice with all items completed to:
24. Notice of Availability of Filtering Software. We do not believe that the Website contains materials that would typically be the subject of filtering software. Nevertheless, all users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
25. U.S. Export Controls. No part of the Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
27. Modifications to the Service. OnlyChai reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you. You agree that OnlyChai shall not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.
30. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ONLYCHAI CONTENT ARE PROVIDED ON AN "AS IS" “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
ONLYCHAI DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING:
ONLYCHAI DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. ONLYCHAI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT OR INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. ONLYCHAI HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE ONLYCHAI FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR ONLYCHAI CONTENT.
31. Assumption of Risk. You assume all risks when using the Service, including without limitation all of the risks associated with interactions with other Users. You agree to take all necessary precautions when interacting with other Users.
32. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ONLYCHAI BE LIABLE TO YOU OR ANY OTHER USER OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE OR ONLYCHAI CONTENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF ONLYCHAI TO YOU WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ONLYCHAI’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
33. Notice. Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail to the address listed below.
The arbitration shall be conducted in Newark, New Jersey, and judgment of the arbitration award may be entered by any court having jurisdiction thereof. OnlyChai may seek any interim or preliminary relief from a court of competent jurisdiction in New Jersey necessary to protect its rights pending the completion of arbitration. You agree to submit yourself to the personal jurisdiction of the State of New Jersey.
Each party will pay its own attorneys’ fees, subject to any remedies to which that party may later be entitled under applicable law. You will bear only those costs of arbitration that you would have borne had you brought a claim covered by this arbitration provision in court. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, OnlyChai will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Notwithstanding anything to the contrary, disputes may be brought before an administrative agency to the extent applicable law requires access to an agency notwithstanding the existence of this arbitration provision. Nothing in this arbitration provision shall be construed to: (i) relieve any party of the duty to exhaust administrative remedies by filing a charge or complaint with an administrative agency and obtaining a right to sue notice, where otherwise required by law; or (ii) prevent either party from cooperating with a federal or state body as required by law. However, you understand that you are not entitled to a double recovery or eligible to receive any monetary benefit from any action brought by an administrative agency except as required by law.
To commence an arbitration against OnlyChai, you must file a case with the AAA. Instructions for filing a case with the AAA can be found on its website, http://www.adr.org . You must send a copy of any filing to OnlyChai at:
Attn: Legal Department
For more information, see the AAA's claim filing page, http://www.adr.org/fileacase.
38. Contact. OnlyChai may be contacted at:
By email: email@example.com
By phone: ###.###.####