Terms and Conditions
Last updated: November 25, 2020
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named C9 Companion
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to P.D.R. VC LIMITED LIABILITY COMPANY, 427 N Tatnall St #92059, Wilmington, Delaware 19801-2230.
Country refers to: Delaware, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Service refers to the Application.
App Providers means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the App Providers to You.
In-App Purchases refer to above mentioned Subscriptions and are managed by App Providers.
One-Time Session pass means free access right after signing up with C9 Companion without requirements for subscription purchase and is only valid for a maximum of 8 hours from the signup time or first App or session restart, whichever comes first
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Content refers to your data including but not limited to your notes, schedule events that will be saved on our server for your future access.
Acknowledgement
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 13. The Company does not permit those under 13 to use the Service.
Additionally, Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company, which is hereby referenced and incorporated into this Agreement. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Subscriptions
Subscription
The Service is available only with a paid Subscription. Subscriptions are purchased from and billed by App Providers from which you originally downloaded the application, not the Company or C9 Companion app or website. These purchases are subject to the terms and conditions of the App Providers.
All billing and refund inquiries must be directed to App Providers. The company does not have any access to App Providers accounts and or transactions. If you wish to confirm the type, status or duration of your subscription please refer to your App Providers account or your receipts from them.
Your Subscription can be accessed and managed from a mobile device or computer through the App Providers store platform by using the same credentials as the initial purchase. The Company cannot manage the subscriptions.
Subscription period
The subscription is offered on an annual or monthly basis. At the end of each period, the App Providers will automatically renew your Subscription unless You cancel the Subscription in advance.. The App Providers will send an e-mail in advance of the renewal containing a hyperlink to manage subscription.
Subscription cancellations
You may cancel Your Subscription renewal through the App Providers stores where you downloaded the app initially.
For Google Play Store see https://support.google.com/googleplay/answer/7018481?co=GENIE.Platform%3DAndroid&hl=en
For App Store subscription see https://support.apple.com/en-us/HT202039
You will not receive a refund for the fees You already paid for, including Your current Subscription period. You will be able to access the Service until the end of Your current Subscription period.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
All refunds will be handled through the App Providers. you will not receive a refund for the fees you already paid, including your current period, and you will continue to receive the Service ordered until the end of your current Subscription period.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
By becoming a registered user of C9 Companion you agree that you will:
- provide a valid email address.
- not let anyone else use your account.
- keep your login details, including your password and PIN (if applicable) confidential.
- only set up one account per person.
- set up your account in your own name and use an appropriate display name. You must not seek to pass yourself off as someone else or pick a display name which is offensive, defamatory, or otherwise likely to be deemed by us to be unacceptable.
- tell the truth about your age.
- notify us if you become aware of any unauthorized use of your account.
You are responsible for safeguarding the username and password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Whether or not You are a registered user, when using C9 Companion app and desktop application you must always act honestly and appropriately. Unacceptable behavior includes being abusive, offensive, defamatory, infringing anyone's privacy, trolling, harassing, or doing anything which would upset or be disrespectful to any other person.
Your initial sign up will grant you One-Time Session pass, that C9 Companion is available for either a maximum of 8 hours or until you restart the App (e.g. by closing and or reopening) or any other events that results in the session expiration and or restart, whichever comes first.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Use of application
You may use the Application only on or through available devices, and you may only make personal and non-commercial use of C9 Companion.
Account Deactivation, Closure or Deletions
You can deactivate, cancel, pause, or resume your Subscription through the App Providers where you initially downloaded the App.
You may also delete and close your C9 Companion account through a desktop computer and logging into your account via https://www.c9Companion.com/MyWorkStationView. You agree that by deleting your account you will lose access to C9 Companion, all your saved data such as notes, calendar event and any saved, uploaded and transmitted data to the company and companies third parties Service providers.
Uninvited behaviors
User Content is prohibited, and the user will be held responsible to the maximum extent permitted by applicable law, for any User behavior that: Is illegal; Is voluntary or involuntary pornographic; Is sexual or suggestive content involving minors; Encourages or incites violence; Threatens, harasses, or bullies or encourages others to do so; Is personal and confidential information; Impersonates an individual or entity in a misleading or deceptive manner; Uses speech that expresses hate, insult, or promotes violence towards a person or group based on something such as race, religion, sex, or sexual orientation; Is spam.
As a condition of your use of and access to the Service, you shall not: (a) copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, Java, CSS, JavaScript or other code; (b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service; (c) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program; (d) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (e) sell the Service or any part thereof including but not limited to user accounts and access to them in exchange for anything of value; (f) violate any applicable law, including without limitation any applicable export laws; or (g) allow another person or entity to use your identity in order to access the Service.
Personal Data.
Notwithstanding anything else to the contrary contained in this Agreement, Company’s collection, use, disclosure and sharing of any personally identifiable information you provide via the Site or use of our services shall be governed by our Privacy Policy, which is incorporated into and part of this Agreement. For further information regarding the Company's protection of your personal information, please refer to our Privacy Policy.
Intellectual Property
Trademarked names and famous sayings along with common questions appear throughout this Application with no intention of infringement. Rather than use a trademark symbol with every occurrence of a trademarked name, names are used in an editorial fashion, with no intention of infringement of the respective owner's trademark. The information in this Application is distributed on an "as is" basis, without warranty. Although every precaution has been taken in the preparation of this work, neither the Application nor the Company shall have any liability to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the information contained in this Application.
All copyrights and other intellectual property rights in the Site, including without limitation all software and written and graphical content included in the Site, are owned by the Company. The C9 Companion logos and any other marks used in the App are trademarks of the Company or their respective owners. Such marks may not be used without the prior written consent of the Company. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved. In agreeing to these Terms, you also agree that the rights in the Service and the Company Software the C9 Companion App, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any of the Company Software and or algorithms, unless you are expressly permitted to do so under an open-source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition.
App Decision Making Function
The decision-making feature of the App is for informational and entertainment purposes only. Nothing submitted to the App and associated Web Site is treated as confidential. The App is not intended for any life effecting events or decision making. The App does not provide financial, medical or legal advice. By using the App decision making feature, you acknowledge that the company bares no responsibility with regards to the decisions and the consequences of them.
App Calorie Counting Function
The calorie counting function of the App utilizes information from the USDA official database. Calculated total calorie intake is the modified and re-written Revised Harris-Benedict Equation that give approximate calories burn at rest. This function is intended solely for informational purposes as an approximation of total calories. Nothing in the App or Services is intended or implied to be medical advice. You assume full responsibility for how you chose to use this information.
App Note Taking and Scheduling Functions
The Note Taking and scheduling functions of the App saves your data in the Company secured Database hosted by Amazon AWS services and Apple or Google Calendar Apps if you grant the required permissions. While we use commercially reasonable efforts to protect the data, no technology, data transmission or system can be guaranteed to be 100% secure. In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your data, we will notify you as soon as we become aware of the issue. The Company does its utmost at all times to protect and preserve your data but You agree that the Company cannot and does not guarantee the security of your information against any possible hackers, attacks, and or loss or compromise of Your information.
You retain copyright and any other rights you already held in your Content before you submitted, saved, or displayed it on or through the Service. But you agree to grant the Company a limited license as defined in this document, so we can make your data accessible and usable on the Service. This limited license and other rights you grant in these Terms, are the only right assigned to the company and We acknowledge and agree that We do not obtain any right, title or interest from you under these Terms in any of your Content.
Illegal or Commercial Use
You agree and acknowledge to not use and or share the content of the App for illegal or commercial use.
Limitation of Liability
The C9 engine has been trained on more than 2 million textual data points using quotes and sayings of various people within the last 2 centuries. You agree that generated textual data as a response to your questions and or comments are done through the C9 algorithm. Although every precaution has been taken in the preparation of this work, You agree that to the Company makes no guarantee that the Service will be free from defamation, foul language, miss information, advice, vulgarity, offensiveness and or implications of discriminatory language against any groups, ethnicity and religions.
Company Limited License
In order for the Service to operate, the Company must obtain from you certain limited license rights to process your Content that is covered by intellectual property rights so that technical actions we take in operating the Service are not considered legal violations. Accordingly, by using the Service and using our App for uploading and saving Content, you are granting the Company a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) and reproduce such Content to enable the Company to operate the Service. You also agree that the Company has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion.
You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as your Content is stored with us), and include a right for Company to make such Content available to, and pass these rights along to, others with whom Company has contractual relationships related to the provision of the Service (such as Amazon AWS service for storing your data in the database), solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if we determine such access is necessary to comply with our legal obligations.
If you elect to use any third-party service or application that is integrated with our App (such as Google Calendar or Apple Calendar), you also agree that the licenses granted to Company in the preceding paragraph shall apply to Content that is submitted or uploaded through such third party service or application. The Company does not assume any responsibility for, or liability on account of, the actions or omissions of such third-party applications or service providers.
Your Feedback to Us
You assign all rights, title, and interest in any feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.
Right to Modify the Service
In agreeing to these Terms, you also agree that the company in its sole discretion, to implement new features and functions as part of and/or supplementary to the Service, including changes that may affect the previous state and experience of operation of the Service or Company Software and App. It is our expectation that such changes will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of API calls, additional premium functions that might be added to the software in the future and impose other limitations at any time, with or without notice.
You also acknowledge that a regular maintenance, system updates and other Companies actions in improving the software may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any part of the Service. However if you find that any such modifications or interruption of the Paid Service adversely affects you, you may notify our Customer Support team, explain the adverse impact the modification has created and we do our best to rectify and address your problem where possible. You can always request the App Providers for termination of your Paid Service as billing and subscriptions and refunds are not managed by the Company.
Right to Engage Third Parties
We engage with some third parties (“Service Providers”) to provide technical or other services relating to all or part of the Service, and you hereby agree that such involvement by these Service Providers is acceptable. As an example, we use Amazon AWS for running our servers and storing your data in the RDS database. You acknowledge that granted limited license by You to the Company are transferable to these third-party companies so we can offer you the service.
Right to Update Our Software
In connection with any changes to the Service or modifications to the software and service, Company will provide the updated app through the App Providers store, it is your obligation to make sure that the App Provider store has proper settings for auto or manual update of the App in your device . In all cases, you agree to permit the Company to deliver these updates to you (and you to receive them) as part of your use of the Service.
Claim Against Company
If you have any concerns with respect to the operation of the Service or any Company Software we encourage and ask you to contact our Help team (help@pdrvc.com), We want to ensure that you have an excellent experience. You also agree to let us know by contacting us first well in advance before taking any other actions.
Age Restriction
You acknowledge that you are a person of age older than 13. If you are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Services, please contact us, and we will endeavor to delete that information from our databases
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its subsidiaries be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, defamation, foul language, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the State of California, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. It is Your responsibility to ensure that your use of the Application complies with all local, state and national laws.
Indemnification
You hereby indemnify and agree to defend and hold harmless The Company, its officers, directors, employees, and agents from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or Your actions under this Agreement.
Respond to Copyright or Other Intellectual Property Violations
We respond to clear and complete notices of alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in these Terms (which we believe to comply with the United States Digital Millennium Copyright and other applicable laws). If you believe that your intellectual property rights have been violated, please notify our Compliance team according to the instructions provided by our IP Rights Compliance Program and we will investigate. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and Company does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf.
Designated Copyright Agent:
PDRVC LLC
427 N Tatnall St #92059
Wilmington, DE 19801
Phone: 4242341109
Email: help@pdrvc.com
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Alternative Dispute Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Initiating a Formal Claim
If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved by the processes set forth in these Terms. Company provides the Service to you on the condition that you accept the dispute resolution provisions described below, so if you initiate any claim against Company in any other manner, you shall be in violation of these Terms and you agree that Company shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse Company for its reasonable costs incurred in defending against such improperly initiated claim. You agree that prior to initiating any formal proceedings against Company, you will send us a notice to our attorneys at help@pdrvc.com and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, You and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either You or we may initiate formal proceedings according to these Terms.
Except where our dispute is being resolved pursuant to an arbitration as explain in this document, if you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Company must be resolved exclusively by a state or federal court located in Los Angeles, California. You agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes.
Alternative Dispute Resolution Process
Unless you are subject to the Arbitration Agreement set out here, and subject to any applicable laws, if a claim arises between you and Company where the total value of such claim is less than US$10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person. This “Alternative Dispute Resolution Process” shall be initiated by either party sending notice to the other, in which event you and Company agree to use our reasonable efforts to agree within thirty (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the “Arbitration Manager”) according to the following requirements: (i) neither party shall be required to attend any proceeding in person, (ii) the proceeding will be conducted via written submissions, telephone or online communications or as otherwise agreed upon, (iii) the fees for the Arbitration Manager will be borne equally by the parties or be submitted to the Arbitration Manager to determine as part of the dispute and (iv) the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement.
Arbitration Agreement
If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you and The Company agree that any and all disputes or claims that have arisen or may arise between us - except any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights - shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Our arbitration proceedings would be conducted by the American Arbitration Association ("AAA") under its rules and procedures applicable at that time, including the AAA's Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures and obtain a form for initiating arbitration proceedings at the AAA's website. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different The Company users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
The AAA rules will govern the payment of all filing, administration, and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise.
If the amount of any claim in an arbitration is US$10,000 or less, The Company will pay all filing, administration and arbitrator fees associated with the arbitration, so long as (i) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration and (ii) your claim is not determined by the arbitrator to be frivolous. In such case, we will decide to pay all necessary fees directly to the AAA. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, The Company will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse The Company for all fees associated with the arbitration paid by The Company on your behalf, which you otherwise would be obligated to pay under the AAA's rules.
You and the company agree, as part of the arbitration agreement, that each of us may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding. we refer to this as the “prohibition of class and representative actions.” unless both you and we agree otherwise, the arbitrator may not consolidate or join your or our claim with another person's or party's claims, and may not otherwise preside over any form of a consolidated, representative or class proceeding. the arbitrator may only award relief (including monetary, injunctive, and declaratory relief) in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). any relief awarded cannot affect other the company users.
Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then this entire Arbitration Agreement shall be null and void. The remainder of these Terms and this Section (Claim Against Company) will continue to apply.
Claims Are Time-Barred
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
The provisions of this section entitled “Claims Are Time-Barred” shall be deemed to constitute a separate written legally binding agreement by and between You and Us.
Special Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us via email at help@pdrvc.com or mail to PDRVC LLC, 427 N Tatnall St #92059, Wilmington, DE 19801.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: help@pdrvc.com
By visiting this page on our website: www.c9Companion.com/contact