9 Limitation of Obligation
THE SERVICES) (COLLECTIVELY, вЂњPLASTIQ PARTIESвЂќ) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OUR WEBSITE, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) IN NO EVENT SHALL PLASTIQ, AND ITS AFFILIATES (AND THOSE THAT PLASTIQ WORKS WITH TO PROVIDE. THE TOTAL OBLIGATION OF THIS PLASTIQ EVENTS (IN AGGREGATE) FOR YOU OR ANY THIRD EVENTS IN VIRTUALLY ANY CIRCUMSTANCE IS BOUND TO YOUR ACTUAL QUANTITY OF DIRECT DAMAGES REALLY INCURRED IN THE SIX (6) MONTHS BEFORE THE DATE UPON THAT THE APPLICABLE CAUSE OF ACTION AROSE. Some jurisdictions don’t allow the exclusion or limitation of incidental or consequential damages so that the above limitation or exclusion may well not connect with you. Such instance, the obligation associated with the Plastiq Parties shall be limited by the best level allowed under relevant legislation.
10 Disclaimer of Warranties
THE PLASTIQ PARTIES OFFER the SERVICES ON AN вЂњAS ISвЂќ AND вЂњAS AVAILABLEвЂќ AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ALL KINDS, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE EXCLUSIVELY DISCLAIM a IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR THE PARTICULAR FUNCTION AND NON-INFRINGEMENT. THE PLASTIQ EVENTS ARE NOT ACCOUNTABLE FOR YOUR OR PLASTIQвЂ™S FAILURE TO PERFORM OBLIGATIONS UNDERNEATH THE AGREEMENT NOR WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ITEM OR SERVICE ADVERTISED OR MADE AVAILABLE FROM YOU, PLASTIQ, OR ANY ALTERNATIVE PARTY.
Plastiq won’t have any control of these products or solutions which are taken care of utilising the ongoing Services and Plastiq cannot make sure A receiver you may be working with will really finish the deal or perhaps is authorized to do this. Plastiq will not guarantee constant, uninterrupted or protected usage of any section of our provider, and procedure of y our web web site could be interfered with by many facets outside of our control. Plastiq can certainly make reasonable efforts to make sure that demands for electronic debits and credits involving bank cards are prepared on time but Plastiq makes no representations or warranties concerning the length of time had a need to finish processing because the solutions are influenced by numerous facets outside of our control, such as for example delays within the bank system. Some jurisdictions don’t allow the disclaimer of suggested warranties, so that the disclaimers that are foregoing maybe maybe perhaps perhaps not connect with you. This paragraph offers you particular protection under the law and you might also have other rights that differ with regards to the jurisdiction where you might be resident.
11.1 Complete Contract
This contract as well as other Plastiq documents, policies and/or agreements referenced herein sets forth the understanding that is entire you and Plastiq according to the solutions. Listed here parts of the Agreement and all sorts of other terms which by their nature should endure, will endure the termination with this contract: Sections 1 (Definitions), 13 (Limitation of obligation), 14 (Disclaimer of Warranties), and 15 (General). If any supply for this contract is held become invalid or unenforceable, such supply will probably be struck as well as the staying conditions will be enforced.
11.2 Intellectual Home
вЂњplastiq.comвЂќ, вЂњPlastiqвЂќ, and all sorts of logos pertaining to Plastiq, are either trademarks or registered trademarks of Plastiq or its licensors. You might not duplicate, imitate or utilize them without PlastiqвЂ™s prior written permission. In addition, all page headers, customized photos, switch icons, and scripts are solution markings, trademarks, and/or trade gown of Plastiq. You may not duplicate, imitate, or utilize them without our prior written permission. All right, name and desire for and also to the Plastiq site, any thereon that is content the Services, the technology pertaining to the Services, and any and all sorts of technology and any content produced or produced from some of the foregoing, online payday MA could be the exclusive home of Plastiq as well as its licensors.
11.3 LESSONS ACTION WAIVER AND BINDING ARBITRATION
In the eventuality of a dispute, claim, or controversy (вЂњClaimвЂќ) you are an individual under the AAAвЂ™s Consumer Arbitration Rules) between you and Plastiq, arising from or relating in any way to this Agreement, the Website, the Services, or to the relationship formed between the parties as a result of this Agreement, including Claims regarding the applicability of this arbitration clause or the validity of the entire Agreement, the Claim shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (вЂњAAAвЂќ) under the AAAвЂ™s Commercial Arbitration Rules (or if the value of the Claim is $75,000 USD or less whether or not. All Claims are at the mercy of arbitration, regardless of what concept these are generally according to. This includes Claims centered on agreement, tort (including deliberate tort), fraudulence, agency, your or our negligence, statutory or regulatory conditions, or other supply of legislation. Claims and treatments desired as an element of a course action, personal attorney general, or other representative action are at the mercy of arbitration on a person (non-class, non-representative) foundation just, while the arbitrator may award relief just on a person (non-class, non-representative) foundation. The arbitration will soon be carried out before an arbitrator that is single will likely to be restricted entirely to your Claim between both you and Plastiq. The arbitration, or any part of it, will never be consolidated with any kind of arbitration and can maybe not be carried out for a class-wide or class action foundation.
A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR A JURY AND/OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS), BUT EXCEPT AS OTHERWISE PROVIDED ABOVE, THOSE RIGHTS, INCLUDING ANY RIGHT TO A JURY TRIAL, ARE WAIVED AND ALL CLAIMS MUST NOW BE RESOLVED THROUGH ARBITRATION IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND PLASTIQ MAY OTHERWISE HAVE HAD.
If either celebration prevails into the arbitration of every Claim up against the other, the non-prevailing celebration will reimburse the prevailing party for just about any costs it paid towards the AAA associated with the arbitration, and for any reasonable lawyersвЂ™ fees incurred by the prevailing celebration regarding the such arbitration. Any decision rendered such arbitration procedures should be final and binding in the ongoing events, and judgment might be entered in a court of competent jurisdiction. Guidelines and types of the AAA might be acquired and Claims can be filed at any AAA workplace, or 335 Madison Avenue, ny, NY 10017, phone. This arbitration contract is created pursuant to a deal involving commerce that is interstate and will probably be governed by the Federal Arbitration Act, 9 U.S.C. В§В§ 1-16. This arbitration contract relates to all Claims now in presence or which could arise in the foreseeable future.