Terms of Service
Welcome to 1Q!
These Terms of Service (“Terms”) constitute a binding agreement between 1Q.com (“1Q”, “we”, “us” or “our”) and you (“you” or “your”) and govern your use of the 1Q.com website (the “Website”) and our related services, including our mobile applications (collectively, the “1Q Services”), and your use of and participation in the 1Q Services. These Terms apply to both individuals or entities who submit questions (these questions are referred to as “Askverts” in these Terms) through the 1Q Services (“Askers”) and to individuals who respond to these Askverts (“Responders”). These Terms also apply to any person browsing the Website or accessing the 1Q Services for any reason, including but not limited to, those individuals using the Website through the referral program (these users, Askers and Responders are collectively referred to in these Terms as “Users”). You acknowledge that these Terms are a binding legal contract between you and 1Q, even though they are electronic and are not physically signed by you and 1Q, and that they govern your use of the 1Q Services. If you do not agree to these Terms, you should immediately leave this page and not access or use the 1Q Services.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how claims you and we may have against each other are resolved, including an agreement and obligation to arbitrate disputes (see Section 20 below). Subject to limited exceptions, this Agreement requires you to submit claims you have against us to binding arbitration. You will only be permitted to: (a) pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
BY accessing or using the 1Q SERVICEs YOU REPRESENT AND WARRANT TO US THAT (A) YOU HAVE READ AND UNDERSTAND THESE TERMS; and (B) YOU ARE OF SUFFICIENT LEGAL AGE TO LEGALLY ENTER INTO THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND the applicable COMPANY OR ORGANIZATION TO THESE TERMS, AND THE TERM “YOU” SHALL BE DEEMED TO include the applicable COMPANY OR ORGANIZATION.
Terms and Conditions Applicable to Responders
1. Responder Terms. If you use the 1Q Services as a Responder that responds to Askverts, the following terms will apply to you:
(a) Accounts. In order to participate in the 1Q Services as a Responder, you will be required to create an account with us (“Account”). Accounts may not be shared and may only be used by one individual per Account. By using your Account, you certify that all information you provide is complete, accurate, and current. You agree to update your Account information as it changes (such as a change of address or change of name). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the 1Q Services (or any portion thereof). You are responsible for maintaining the security and confidentiality of your Account and the associated password. You are responsible for any activities that take place under your Account or password, regardless of whether you authorized the activity. We are not liable for any loss or damages arising from your failure to comply with this obligation. If you become aware of any unauthorized access or activity to your Account, you must notify 1Q as soon as possible at firstname.lastname@example.org.
(b) 1Q Services Requirements. In order to participate in the 1Q Services as a Responder, you will need telecommunications access to a mobile phone compatible with the 1Q Services. You will also be responsible, at your expense, for all third-party devices, personal computers, hardware or software that are required to access or use the 1Q Services and any telecommunications access and telephone service required to access or participate in the 1Q Services and all related third-party service fees (including ISP charges). Certain messaging, service and other standard fees and charges may be applied by your carrier. Please check your plan with your carrier to ensure that you are aware of any applicable fees and charges.
(c) Confidentiality Obligations. You agree to keep any and all content (including, but not limited to, written, video, images, audio or multimedia content) received in an Askvert confidential. Any publication, dissemination, distribution, copying, or sharing is strictly prohibited and considered a breach of these Terms, and you may be sued for damages. You may receive Askverts to test new product ideas that are still in the early stages of development. The products themselves, and the ideas and concepts regarding their manufacture and use, represent confidential information of the Asker that is working to obtain this data. By participating in an Askvert, you agree as follows:
(i) to hold in confidence the secrecy of any technical or business information about the Asker’s products which are disclosed, or made available to you directly or indirectly, or you otherwise receive incidental to your participation in an Askvert; to avoid discussing the applicable Asker’s technical or business information in public places where it might be overheard; to avoid discussing the applicable Asker’s technical or business information with friends and family members, or anyone else; to accept a moral and legal obligation not to use or disclose any confidential technical or business information during and after participation in an Askvert; and
(ii) not to copy, publish, disseminate, distribute, broadcast, use, reuse, or share any content (including, but not limited to, written, video, images, audio or multimedia content) that is provided to you in connection with an Askvert, including, without limitation, capturing or sharing any applicable content in a screenshot or by other photographic or electronic means; and
(iii) the products to be shown to you, and described to you, in connection with the Askverts are highly confidential and proprietary to the Asker submitting the Askvert, and you will not give them or expose them to any third-party or discuss with anyone your experiences concerning them. The products shown to you, and described to you, are not available for sale and no offer for sale is being made to you. By participating as a Responder in the 1Q Services, you agree that any compensation you receive (monetary or otherwise) will be sufficient for participation, which includes your agreement to abide by the confidentiality terms set forth in these Terms.
(d) Restrictions. We reserve the right (but have no obligation) to restrict your ability to respond to Askverts posed through the 1Q Services, including, but not limited to, restricting Responders from the ages of thirteen (13) through eighteen (18) from responding to Askverts we deem to be of a mature or inappropriate nature.
(f) Tax Liability. You understand that any payments received from 1Q may be taxable income and you agree to comply with state and federal laws governing this possible taxable event. Specifically, if you receive more than four hundred ninety-nine and zero/100 U.S. Dollars ($499.00), or such amount subsequently specified by applicable law, from 1Q in one (1) calendar year, then you must complete and return IRS Form W-9 to us (providing your Taxpayer Identification Number). You will then receive any payments owed to you in excess of four hundred ninety-nine and zero/100 U.S. Dollars ($499.00). If you choose not to complete IRS Form W-9, then payments you receive will be capped at a maximum of four hundred ninety-nine and zero/100 U.S. Dollars ($499.00). You are responsible for paying any governmental taxes imposed on your use of the 1Q Services or receipt of any 1Q cash incentives, including, but not limited to, income, sales, use and value-added taxes and you agree to report any applicable amounts received from your participation in the 1Q Services as a Responder as required by applicable law.
Terms and Conditions Applicable to Askers
2. Asker Terms. If you are a registered Responder, you may respond to Askverts through the 1Q Services, as well as submit Askverts through the 1Q Services. If you are not registered as a Responder, you may submit Askverts through the 1Q Services, however, you will not be able to respond to Askverts as a Responder. Regardless of whether you are a registered Asker or Responder, if you submit an Askvert through the 1Q Services, the Asker Terms set forth in this Section 2 will apply to you.
(a) Responsibility for Askverts. As an Asker, you are fully responsible for the content of all Askverts you submit through the 1Q Services. By submitting an Askvert through the 1Q Services, you represent and warrant that (i) you own or have sufficient rights to post your Askverts on or through the 1Q Services; (ii) you will not submit Askverts that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights; (iii) you have fully complied with any third-party licenses relating to Askverts and shall pay all royalties, fees and any other monies required to be paid in connection with Askverts that you submit on or through the 1Q Services; and (iv) you will not submit Askverts that: (A) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (B) incite, encourage or threaten immediate physical harm against another, including but not limited to, Askverts that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (C) contain material that solicits personal information from anyone under the age of 13 or exploits anyone in a sexual or violent manner. We reserve the right (but have no obligation) to block or remove questions or Askverts you send through the 1Q Services for any reason, including but not limited to, restricting your ability to ask questions or Askverts of members from the ages of 13 through 18 we deem to be of a mature nature.
(b) Fees and Payments. Asker use of the 1Q Services is subject to the payment of certain fees. The applicable fees will be provided at the time you use the applicable 1Q Services. If you, as an Asker, choose to use 1Q Services that are subject to payment of a fee, you agree to pay the applicable amount provided on the 1Q Services at the time you use the applicable 1Q Services. These fees may change from time to time, however, we will not change the fees that you will be charged in connection with a particular Askvert if you have already submitted that Askvert through the 1Q Services. You may purchase Askverts on a “pay as you go” basis, with fees payable only in connection with a particular Askvert, or you may purchase “pre-paid credits” that will be associated with your account and that you can use in connection with different Askverts over time. If you purchase Askverts on a “pay as you go” basis, you will be charged for the full amount associated with the Askvert at the time you submit the Askvert. For example, if you request one hundred (100) responses to your Askvert, and each response costs one dollar ($1.00), you will be charged one hundred dollars ($100.00). However, if you only receive fifty (50) responses to your Askvert, instead of the requested one hundred (100) responses, you will receive a refund of the difference, in this example, fifty dollars ($50.00), to your original payment account. Similarly, if you purchase pre-paid credits that will be associated with your account, and you use those credits in connection with a particular Askvert, you will only be charged for the number of responses that you actually receive. In this case, if you request one hundred (100) responses to your Askvert, and each response costs one (1) credit, one hundred (100) credits will be deducted from the credits that you have purchased. However, if you only receive fifty (50) responses to your Askvert, instead of the requested one hundred (100) responses, you will receive a credit of the difference, in this example, fifty (50) credits, as a credit back to your account. If you have purchased pre-paid credits, you will not be entitled to a monetary refund and will only receive credits. In addition, pre-paid credits expire twelve (12) months from date of purchase, except to the extent prohibited by applicable law. ALL SALES ARE deemed FINAL once you receive a response to your Askvert. We do not give refunds, exchanges, or replacements for 1Q Services once you receive a response to your Askvert from our Responders.
3. Use of the 1Q Services.
(a) You expressly acknowledge and agree that use of the 1Q Services is at your sole discretion. You assume all risk of loss arising out of your use of the website and 1Q Services.
(b) We reserve the right to restrict your access to and use of the 1Q Services at any time for any reason.
(c) You may browse the Website or 1Q Services as a visitor. However, certain areas of the Website or 1Q Services, including sending Askverts and answering Askverts through the 1Q Services, are restricted for Askers and Responders only. Visitors agree not to attempt to access Responder or Asker areas of the 1Q Services.
4. Our Intellectual Property Rights.
(a) Limited License. Subject to your full compliance with these Terms, we hereby grant you a limited, non-exclusive, and non-transferable license to access and use the 1Q Services for your personal use, if you are an individual, and for your internal business use, if you are a business or entity.
(b) Our Intellectual Property. We reserve all right, title and interest in and to the Website and 1Q Services and all intellectual property rights therein. You understand and acknowledge that the 1Q Services and the software, code, proprietary methods and systems used to provide the 1Q Services (the “1Q Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. The 1Q Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of the 1Q Technology. Certain of the names, logos, and other materials displayed in connection with the 1Q Services constitute trademarks, tradenames, service marks or logos (“Marks”) of 1Q or other entities. You are not authorized to use any of these Marks. Ownership of all these Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the 1Q Services will be governed by the applicable third parties’ licenses and not by these Terms.
(c) Use Data; Feedback. We retain exclusive ownership of any data that is generated by your use, or our operation, of the 1Q Services, other than Your Content. Data generated by your use or our operation of the 1Q Services may be published as part of the results generated in connection with Askverts you submit through the 1Q Services, however, you will not under any circumstances have the right to publish any confidential information regarding 1Q’s business operations that you may receive or have access to in connection with your use of the 1Q Services. You agree that any ideas, feedback, or suggestions contributed by you in connection with your use of the 1Q Services, as well as any ideas, developments or inventions conceived by you as a result of your participation in the 1Q Services, shall be the property of 1Q.
5. Your Content. If you are an Asker, you may submit content or information to the 1Q Services when you submit an Askvert, and if you are a Responder, you may submit content or information to the 1Q Services when you respond to an Askvert (in each case, as applicable, this content and information constitutes “Your Content”). We do not claim any ownership rights in Your Content. However, by submitting an Askvert as an Asker, or responding to an Askvert as a Responder, you grant us and our business partners and affiliates (including, but not limited to, wireless service providers) a perpetual, irrevocable, world-wide, assignable, and transferable right and license to re-post, use, copy, reproduce, modify, create derivative works of, incorporate into other works, distribute, transmit, broadcast and otherwise publicly perform and exploit the contents of Your Content, in any form or media, anywhere, and without any notice or compensation to you of any kind, and store Your Content that will be archived, stored or otherwise transmitted in connection with the 1Q Services or other services. We will never reveal Responder names or contact information in our use of Askvert responses, however, if an Asker asks a Responder for his or her name, the Responder may voluntarily share his or her name with the Asker, and, in limited instances, Responder names may be shared in connection with a demonstration of the 1Q Services.
6. Use Guidelines and Restrictions; Prohibited Use and Content. 1Q is not responsible or liable for any loss or damages arising out of any prohibited activity. You agree that you will not in connection with your use of any of the 1Q Services:
(a) Commit any activity that violates local, state, federal, or international law;
(b) Use the 1Q Services, send Askverts or respond to any Askverts in any way that distracts or prevents you from obeying any traffic or safety laws or policies, including, but not limited to, use while driving or operating heavy machinery;
(c) Abuse or harass any other user or person;
(d) Collect or store personally identifying information about other users for commercial or unlawful purposes;
(e) Impersonate any person or entity;
(f) Employ misleading email addresses or mobile numbers or falsify information in any part of any communication related to the 1Q Services;
(g) Engage in any activity which may compromise the stability or availability of the 1Q Services or use the 1Q Services to compromise the availability or stability of any third party site or service, including, but not limited to, use the network infrastructure and service in a manner that puts an excessive burden or limitation on the network;
(h) Use automated means, including, but not limited to, spiders, robots, crawlers, or the like to download data from the 1Q Services or any related server or database;
(i) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the 1Q Services or any portion thereof;
(j) Circumvent any security measures or any payment collection methods employed on or through the 1Q Services, or access or use the 1Q Services after your Account, these Terms or your access has been terminated or suspended by us;
(k) Upload, post, email, otherwise transmit or post links to any content or material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any person, or that contributes to, induces or facilitates such infringement;
(l) Upload, post, email, otherwise transmit or post links to any content or material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services or any third party software, site, equipment or service;
(m) Upload, post, email, otherwise transmit or post links to any content or material that violates any applicable law, statute, ordinance or regulation; or
(n) Rent, lease or sublicense the 1Q Services or any portion thereof.
8. Third-Party App Stores. You acknowledge and agree that the availability of the 1Q Services may be dependent on third party websites or mobile applications from which you download the 1Q Services, e.g., the Apple App Store or Google Play Store (each a “Third-Party App Store”). You acknowledge that these Terms are between you and us and not with the applicable Third-Party App Store. Each Third-Party App Store may have its own terms and conditions to which you must agree before downloading the 1Q Services from it. You agree to comply with, and your license to use the 1Q Services is conditioned upon, your compliance with the applicable Third-Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third-Party App Store are less restrictive than, or otherwise conflict with, these Terms, the more restrictive or conflicting terms and conditions in these Terms will apply.
9. Our Management of the 1Q Services; User Misconduct. We reserve the right, but do not undertake the obligation to: (i) monitor or review the 1Q Services for violations of these Terms and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (iii) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any of Your Content or any portion thereof; (iv) manage the 1Q Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the 1Q Services; (v) screen our users, Responders and/or Askers, or attempt to verify the statements of our users, Responders and/or Askers, and/or (vi) monitor disputes between you and other users or to terminate or block you and other users for violating these Terms.
10. Termination. We reserve the right
without liability to terminate or restrict these Terms, or your access to, or
use of, the 1Q Services, and any portion thereof, with or without notice, for
any reason, including but not limited to, if we believe that you have violated
these Terms. You agree that we shall not be liable to you or any third-party
for any interference with or termination of your access to the 1Q Services.
Upon termination of your account, if you have any outstanding pre-paid credits,
you will not be entitled to a refund of these credits. We are not required, and
may be prohibited, from disclosing to you the reason for termination of these
Terms or your Account. Upon termination of these Terms for any reason, Sections
1(c), 4, 14-16, and 19 through 29 shall survive any termination.
If 1Q terminates a member's account, it disables the account holder's access and ability to use the Account, but Your Content may persist on 1Q servers.
11. Responses to Askverts Do Not Constitute Medical or Legal Advice.
(a) Medical Questions. Askverts, questions, and responses to medical questions are not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created. If you think you may have a medical emergency, call your doctor or your emergency number, (911 in the United States) immediately. Content and information provided through the 1Q Services is not a substitute for professional medical advice, examination, diagnosis or treatment. Content and information provided through the 1Q Services should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on content or information provided through the 1Q Services.
(b) Legal Questions. Askverts, questions, and responses to legal questions are not intended to be legal advice or form an attorney-client relationship. If you believe you have a legal claim, contact an attorney licensed in your state (or country) immediately to discuss your options. Most state bar associations have services to aid you in finding an attorney. Content and information provided through the 1Q Services is provided for informational purposes only, with no assurance that the content and information provided through the 1Q Services is true, correct, or accurate. No action should be taken, delayed, or deferred based on the content and information provided through the 1Q Services. Content and information provided through the 1Q Services is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a private message or post it as a comment, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests. You should not delay or forego seeking legal advice or disregard professional legal advice based on content or information provided through the 1Q Services. Delay in seeking applicable legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation.
12. Updates to Terms and Changes to the 1Q Service. THESE TERMS MAY BE AMENDED OR CHANGED BY US AT OUR DISCRETION, WITH OR WITHOUT NOTICE, AT ANY TIME. Any applicable amendment or change will not apply with respect to any claim or dispute that arose prior to the effectiveness of the applicable amendment or change. The date at the top of these Terms indicates when these Terms were last updated. Your continued access or use of the 1Q Services following the effective date of changes to these Terms means that you accept those changes and agree to be bound by them unless you have entered into a separate, written agreement with 1Q that expressly supersedes these Terms. If any change to these Terms is not acceptable to you, you must stop using the 1Q Services.
14. Disclaimer of Warranties. THE 1Q SERVICEs ARE PROVIDED “AS-IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, TO THE FULLEST EXTENT PROVIDED BY LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY warranty REGARDING AVAILABILITY, USEFULNESS, RELIABILITY OR ACCURACY OF THE CONTENT AND SERVICES. 1Q DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY QUESTIONS/ASKVERTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE 1Q SERVICEs WILL BE UNINTERRUPTED, ERROR-FREE OR not SUBJECT TO OTHER LIMITATIONS.
15. Limitation of Liability. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF the 1Q SERVICES; ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT OR SERVICE CONTAINED ON OUR SERVERS; OR LOSS OR DAMAGES ARISING FROM THE USE OF THE 1Q Services. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE 1Q SERVICES, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT OF (A) 1Q CASH INCENTIVES EARNED BY YOU IF YOU ARE A RESPONDER, OR (B) THE FEE ACTUALLY PAID BY YOU AS A ASKER, IF ANY, IN EACH CASE DURING THE ninety (90) DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU ASSERT ANY SUCH CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16. Indemnification. You agree to indemnify and hold us harmless from any loss, liability, claim, demand or expense, including but not limited to, reasonable attorney's fees, made by any third party due to, or arising out of, your use of the 1Q Services other than as permitted pursuant to these Terms (including, without limitation, as to an Asker, arising out of the content of any Askverts submitted through the 1Q Services), or any breach or violation of these Terms. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from 1Q’s own negligent conduct.
17. Notice to New Jersey Users. Notwithstanding any terms set forth in these Terms, if any of the provisions set forth in Sections 14, 15 or 16 are held unenforceable, void or inapplicable under New Jersey law, then any applicable provision shall not apply to you but the rest of these Terms shall remain binding on you and 1Q. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms, nothing in these Terms is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
18. Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the 1Q Services, please send an email to email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.
19. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Georgia.
20. Legal Disputes and Arbitration Agreement.
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
(a) Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the 1Q Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
(b) Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 20(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the 1Q Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred Fifty and Zero/100 U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the Two Hundred Fifty and Zero/100 U.S. Dollars ($250.00) filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
(c) Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(d) Exception - Litigation of Small Claims Court Claims. Notwithstanding our agreement to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
(e) Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
(f) Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 20(b) do not apply or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Atlanta, Georgia (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Atlanta, Georgia for any litigation other than small claims court actions. In the event of litigation relating to these Terms or the 1Q Services, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law
21. Force Majeure. We shall not be held responsible or liable for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or any other cause beyond our reasonable control.
22. Notices. Except as explicitly stated otherwise, legal and other notices (including but not limited to notices of legal proceedings) shall be delivered to us by U.S. mail at 555 Glenridge Connector Suite 200 Atlanta, GA 30342, or to you at the email address you provided us (a) at the time you registered; (b) through a subsequent notice of an address change; or (c) through a posting through the 1Q Services. Physical notices shall be effective when received. Email notices allowed hereunder shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In addition, we may provide notice by certified mail, postage prepaid and return receipt requested. In these cases, notice shall be deemed given when received.
23. Non-Waiver. No delay or failure to take action under these Terms shall constitute any waiver by us of any provision of these Terms.
24. Enforceability. If any provision of these Terms is found invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
25. Assignment. These Terms are personal to you and may not be transferred, assigned or delegated by you to any other person or entity. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. These Terms will bind and inure to the benefit of each party's permitted successors and assigns.
26. Entire Agreement. These Terms (including all terms and conditions incorporated herein by reference) constitute the complete and exclusive agreement between us and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.
27. No Third Party Beneficiaries. These Terms are between you and us. There are no third party beneficiaries.
28. No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
29. Contact Information. If you have any questions about these Terms or the 1Q Services, please contact us at email@example.com.