PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE "TERMS") CAREFULLY BEFORE USING THE CLEARSTEP WEBSITE AVAILABLE AT WWW.CLEARSTEP.HEALTH, THESE TERMS GOVERN YOUR USE OF THAT WEBSITE AND ALL TOOLS, RESOURCES AND SERVICES OFFERED THROUGH THAT WEBSITE (COLLECTIVELY, THE “CLEARSTEP SITE” OR THE "SITE").
By browsing or using the Site (including by engaging any chat features) or registering for an account you represent that (1) you agree to be bound by these Terms and that you are of a legal age to form a binding contract with Lytic, Inc ("Lytic, Inc", "we" or "us"). If you do not agree to these Terms, do not use the Site. THIS SITE IS INTENDED FOR USE BY RESIDENTS OF THE UNITED STATES.
PLEASE BE AWARE THAT THE SECTION ENTITLED "DISPUTE RESOLUTION" OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. ALSO, THESE TERMS INCLUDE A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US AND CERTAIN THIRD PARTIES THAT MAY ARISE OUT OF THE SITE.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF MARYLAND, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.
We may revise and update these Terms at any time. When changes are made, we will make a new copy of the Terms available at the Site and update the Effective Date above. If we make any material changes, and you have registered with us to create an account we may also send an email to you at the last email address you provided to us. Any changes to the Terms will be effective immediately for new users and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have an account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to such users. We may require you to provide consent to the updated Terms in a specified manner before further use of the Site is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site. Otherwise, your continued usage of the Site will mean you accept those changes. Please regularly check the Site to view the then-current Terms.
CLEARSTEP DOES NOT PROVIDE MEDICAL ADVICE
THE CONTENTS OF THE CLEARSTEP SITE, SUCH AS TEXT, INFORMATION, DATA, GRAPHICS, IMAGES, AND OTHER MATERIAL CONTAINED ON THE SITE ("CONTENT") ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE CLEARSTEP SITE.
IF YOU ARE A DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL, YOU SHOULD NOT OFFER ANY MEDICAL ADVICE OR TREATMENT ON THE CLEARSTEP SITE, NOR SHOULD YOU ALLOW THE CONTENT OF OUR WEBSITES TO SUBSTITUTE FOR YOUR OWN MEDICAL JUDGMENT, WHICH YOU SHOULD EXERCISE IN EVALUATING THE INFORMATION ON THE CLEARSTEP SITE. PLEASE THOROUGHLY REVIEW THE INFORMATION PROVIDED ON THE CLEARSTEP SITE BEFORE DECIDING WHETHER ANY OF THE HEALTHCARE PROVIDERS, PRODUCTS, SERVICES OR TREATMENTS MENTIONED ARE RIGHT FOR YOU OR OTHERS.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. CLEARSTEP DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY CLEARSTEP, LYTIC, INC EMPLOYEES, OTHERS APPEARING ON THE SITE AT THE INVITATION OF CLEARSTEP, OR OTHER VISITORS TO THE SITE IS SOLELY AT YOUR OWN RISK.
THE SITE MAY CONTAIN HEALTH- OR MEDICAL-RELATED MATERIALS THAT ARE SEXUALLY EXPLICIT. IF YOU FIND THESE MATERIALS OFFENSIVE, YOU MAY NOT WANT TO USE OUR SITE.
Some of the functionality on the Site is based on a natural language processing system, also known as a “chatbot.” No such software can correctly interpret all words, phrases, or utterances that a person can speak or write and does not replace the judgment of a physician and a complete clinical evaluation. The content relating to any triage engine and any other triage symptom checker cannot be error free in providing information based on a person entering information about certain symptoms.
Ownership, Access to and Use of the Clearstep Site
As between you and Lytic, Inc, Lytic, Inc and its third-party licensors (including, without limitation, Health Navigator, LLC and its licensors) own all right, title and interest in and to the Clearstep Site and the Content, and all intellectual property rights contained therein, including, without limitation, all software code and algorithms underlying the operation of the Site, and all trademarks and copyrighted materials contained on the Site. Subject to these Terms, Lytic, Inc grants you a non-exclusive, personal, non-transferable, non-sublicensable, revocable and limited license to access the Site for your own internal, non-commercial purposes in accordance with these Terms. Except as expressly set forth in the previous sentence, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Clearstep Site or any intellectual property rights therein or related thereto without the prior written permission of Lytic, Inc.
"Clearstep", “Lytic”, and other related graphics, logos, service marks and trade names used on or in connection with Site are the trademarks of Lytic, Inc and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Site are the property of their respective owners.
We may update the Site, or any portion thereof, without notice to you.
As a part of Site, you may have access to materials that are hosted by another party. You agree that it is impossible for Lytic, Inc to monitor such materials and that you access these materials at your own risk.
The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site or any portion of the Site, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other portion of the Site (including images, text, page layout or form); (c) you shall not use any metatags or other "hidden text" using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Site except to the extent the foregoing restrictions are expressly prohibited by applicable law, rules or regulations (collectively, “Applicable Law”); (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Site in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Site or any Content. Any future release, update or other addition to the Site shall be subject to the Terms. Lytic, Inc, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Site terminates the licenses granted by us pursuant to the Terms. In order to access certain features of the Site, you may have to create an account. In registering an account on the Site, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Site under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your account. The Clearstep Site allows you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Clearstep or Lytic, Inc. passwords or account. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Clearstep or Lytic, Inc account and password; (3) promptly inform Lytic, Inc if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located at the bottom of every page of our Site.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lytic, Inc has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an account or use the Site if you have been previously removed by us, or if you have been previously banned from any of the Site. You must provide all equipment and software necessary to connect to the Site. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Site.
We may, but are not obligated to, monitor or review the Site and User Content (defined below) at any time. Without limiting the foregoing, we shall have the right, in its sole discretion, to remove any of your User Content for any reason (or no reason), including if such User Content violates the Terms or any Applicable Law. Although we do not generally monitor user activity occurring in connection with the Site or User Content, if Lytic, Inc becomes aware of any possible violations by you of any provision of the Terms, we reserve the right to investigate such violations, and we may, at its sole discretion, immediately terminate your license to use the Site, or change, alter or remove your User Content in whole or in part, without prior notice to you.
Disclaimers and Limitations of Liability
The use of the Clearstep Site, and the Content is at your own risk. When using the Clearstep Site, information will be transmitted over a medium that is beyond the control of Lytic, Inc Accordingly, Lytic, Inc assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Clearstep Site.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLEARSTEP AND ANY RELATED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE LYTIC, INC PARTIES (DEFINED BELOW) DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WITHOUT LIMITING THE FOREGOING, LYTIC, INC. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE CLEARSTEP SITE. THE LYTIC INC PARTIES DISCLAIM ALL EQUITABLE INDEMNITIES. YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW THE LYTIC INC PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE CLEARSTEP SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LYTIC, INC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHOULD ANY LYTIC, INC PARTIES BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF THE LYTIC, INC PARTIESSHALL BE LIMITED TO ONE THOUSAND DOLLARS (U.S. $1,000.00) OR THE MINIMUM AMOUNT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LYTIC, INC AND YOU, BUT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT OUR LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF LIABILITY OF THE LYTIC, INC PARTIES WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
You acknowledge and agree that you are solely responsible for all information, data, content and other materials that you upload, post, email, transmit or otherwise make available through the Site ("User Content").
You acknowledge that Lytic, Inc has no obligation to pre-screen any User Content, although we reserve the right in our sole discretion to pre-screen, refuse or remove any User Content. Unless expressly agreed to by Lytic, Inc in writing elsewhere, Lytic, Inc has no obligation to store any of User Content and has no responsibility or liability for the deletion or accuracy of any User Content or the failure to store, transmit or receive transmission of User Content.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Lytic Inc or Clearstep’s "Feedback" is at your own risk and that Lytic, Inc has no obligations (including, without limitation, obligations of attribution, confidentiality, or payment) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Lytic, Inc a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.
As a condition of your use of the Site, you agree not to use Site for any purpose that is prohibited by the Terms or by Applicable Law. You shall not (and shall not permit any third party) either (a) take any action or (b) make available any User Content on or through Site that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iii) interferes with or attempt to interfere with the proper functioning of Site or uses the Site in any way not expressly permitted by the Terms; or (iv) attempts to engage in or engage in, any potentially harmful acts that are directed against Site, including but not limited to violating or attempting to violate any security features of Site, introducing viruses, worms, or similar harmful code into Site, or interfering or attempting to interfere with use of Site by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" the Site.
If you believe any materials accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from any of our websites by contacting our copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If any content that you submitted has been removed as a result of a notification as described above and you believe that such content was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the content at issue.
Links to Other Sites
Lytic, Inc or Clearstep may provide links to third-party websites. Lytic, Inc does not recommend and does not endorse the content on any third-party websites. Lytic, Inc is not responsible for the content of linked third-party sites, sites framed within the Clearstep Site or third-party sites provided as search results, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
Indemnity and Release
You agree to release, defend, indemnify, and hold Lytic, Inc, its partners, and its and their respective officers, directors, employees, agents, licensors, content developers, contributors, and suppliers ("Lytic, Inc Parties") harmless from and against any claims, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) your User Content; (b) your violation of the Terms; (c) your violation of any rights of another party, including any users; or (d) your violation of any Applicable Law. Lytic, Inc reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, the Terms or your access to the Site.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
If Lytic, Inc becomes aware of any possible violations by you of these Terms, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, including by disclosing any of your information or User Content, any and all applicable legal authorities.
In the event that Lytic, Inc determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Site, we reserve the right to: (a) warn you via email, delete any of your User Content, terminate your account or your access to the Site, notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or pursue any other action which Lytic, Inc deems to be appropriate.
Term and Termination
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Site unless terminated earlier in accordance with the Terms. Notwithstanding the foregoing, if you used the Site prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Site (whichever is earlier). You may terminate your account or access to the Site at any time by closing your account and ceasing all use of and access to the Site. Termination of your account or access to the Site also includes deletion of your password and all related information, files and User Content associated with or inside your account (or any part thereof). Lytic, Inc will not have any liability whatsoever to you for any suspension or termination, including for deletion of your User Content. All provisions of the Terms which by their nature should survive, shall survive termination of your account or access to the Site, including without limitation, ownership provisions, warranty disclaimers, indemnification, and limitation of liability.
The Site can be accessed from countries around the world and may contain references to services and Content that are not available in your country. These references do not imply that Lytic, Inc intends to announce such services or Content in your country. The Site are controlled and offered by Lytic, Inc from its facilities in the United States of America. We make no representations that the Site or Content are appropriate or available for use in other locations. Those who access or use the Site from other countries do so at their own volition and are responsible for compliance with local law.
Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Lytic, Inc and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site or to any aspect of your relationship with Lytic, Inc, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify,; and (2) you or Lytic, Inc may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
Arbitration Rules and Forum.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Incorporating Services Ltd. 3500 South DuPont Highway in the City of Dover, County of Kent, 19901. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available athttp://www.jamsadr.com/rules-streamlined-arbitration/
; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available athttp://www.jamsadr.com/rules-comprehensive-arbitration/
. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Lytic, Inc will pay them for you. In addition, Lytic, Inc will reimburse all such JAMS's filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator.
The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Lytic, Inc. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under Applicable Law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial.
YOU AND LYTIC, INC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Lytic, Inc are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled "Applicability of Arbitration Agreement" above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in the state of Maryland. All other claims shall be arbitrated.
30-Day Right to Opt Out.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Lytic, Inc, 600 S Frederick Avenue, Suite 104, Gaithersburg, MD or [email protected]
, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Except as provided in the subsection entitled "Waiver of Class or Other Non-Individualized Relief" above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement.
This Arbitration Agreement will survive the termination of your relationship with Lytic, Inc.
Notwithstanding any provision in these Terms to the contrary, we agree that if Lytic, Inc makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30 days of such change becoming effective by writing Lytic, Inc at the following address: Lytic, Inc, 600 S Frederick Avenue, Suite #104, Gaithersburg, MD.
The communications between you and Lytic, Inc use electronic means, whether you visit Site or send Lytic, Inc emails, or whether Lytic, Inc posts notices on the Site or communicates with you via email. For contractual purposes, you (1) consent to receive communications from Lytic, Inc in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Lytic, Inc provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Lytic, Inc’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Lytic, Inc shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Lytic, Inc agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts located in Gaithersburg, Maryland.
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Maryland, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Where Lytic, Inc requires that you provide an email address, you are responsible for providing Lytic, Inc with your most current email address. In the event that the last email address you provided to Lytic, Inc is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Lytic, Inc’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Lytic, Inc at the following address: 600 S Frederick Ave, St#104, Gaithersburg, MD 20877. Such notice shall be deemed given when received by Lytic, Inc by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of these Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
You may not use, export, import, or transfer the Site or any portion thereof except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Site, and any other applicable laws.
Questions or comments regarding this Site or these Terms should be submitted by emailing us at [email protected]
or via U.S. mail to: Lytic, Inc, 222 Merchandise Mart Plaza, Suite 1230, Chicago, IL 60654