TERMS OF SERVICE
Last Updated Date: 10/02/2022
BY USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS. YOU MAY NOT USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS.
We may update the Terms at any time. If we do so, we’ll let you know either by posting the updated Terms on the Site (as defined below) or through other communications. It’s important that you review the Terms whenever we update them or you use the Service. Your continued use of the Service after we have posted any update to these Terms means that you are agreeing to be bound by the updated Terms. You may not use the Service if you do not agree to the updated Terms. You should consult these Terms each time you access the Service to view any changes. These Terms were last modified on the date indicated above. Because the Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE SECTION 16 (DISPUTE RESOLUTION) BELOW. PLEASE REVIEW SECTION 16 (DISPUTE RESOLUTION) BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.
1. Use of the Service.
- Service. The “Service” includes Sigi’Nommo’s website located at https://siginommo.com/ (the “Site”) as may be updated, relocated, or otherwise modified from time to time; all content and services Sigi’Nommo makes available through the Site; and all intellectual property rights arising out of or related to the foregoing. Any person who accesses or uses the Service, whether on their own behalf or on behalf of any third party, is an “Sigi’Nommo User”.
- License. Subject to your compliance with these Terms, Sigi’Nommo hereby grants you a non-exclusive, revocable, non-transferable right to access and view the Site to view and purchase products (the “Products”) and manage your subscription and/or account.
- Deactivation. Sigi’Nommo may, at any time and without notice to you: (1) restrict, deactivate, and/or terminate your access to the Service (or any portion thereof); or (2) terminate or modify the Service (or any portion thereof). Sigi’Nommo will not be liable to you or any third party for any termination of or modification to the Service regardless of the reason for such termination or modification. If you are dissatisfied with any termination or modification of the Service, your only remedy is to stop using the Service.
- Subcontractors. Sigi’Nommo may use subcontractors or other third parties to perform its obligations under these Terms, but Sigi’Nommo will remain responsible for all such obligations.
- Pricing. All prices for Products are quoted in U.S. Dollars. Product pricing shall be the one quoted from time to time on our Site, except where there is an error. While Sigi’Nommo strives to provide accurate Product and pricing information, pricing or typographical errors may occur. If a Product is listed on the Site at an incorrect price or with incorrect information due to an error in pricing or Product information, Sigi’Nommo will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If Sigi’Nommo is unable to contact you, the order will be treated as cancelled.
Sigi’Nommo is under no obligation to sell the Product(s) to you at the incorrect (lower) price even after we have sent you a Shipment Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized as such. All prices are exclusive of shipping charges and sales tax (if applicable). Prices may change at any time.
If you are a customer whose shipping address is outside of the United States, the final price will be shown in your local currency calculated in accordance with the applicable exchange rate at Checkout .
- Orders. Sigi’Nommo may, in its sole discretion, refuse or cancel any order for any reason. Your receipt of an order confirmation does not constitute our acceptance of an order. You will be charged upon authorization of your payment method and verification of your order information for accuracy. Once you have placed an order, you will not be able to cancel it. Sigi’Nommo may require additional verifications or information before accepting any order. Sigi’Nommo may attempt to notify you by contacting the email, billing address, or phone number you provide if all or any portion of your order is canceled or if additional information is required. If your order is canceled after your payment has been received, Sigi’Nommo will issue a credit to your account in the amount of the charge. Sigi’Nommo may limit the sales of Products to any person, geographic region, or jurisdiction. Products purchased by a user are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. Sigi’Nommo may limit the quantities of any Products that it offers and may discontinue any Product without notice. Sigi’Nommo does not warrant that the quality of any Products you purchase will meet your expectations.
- International Orders. Customers who access and use the Sigi’Nommo website from outside the United States are responsible for complying with their local laws and regulations. When you place an order and select a shipping address outside of the United States you or your designated consignee are the Importer of Record and as such are authorizing Sigi’Nommo to import the goods to your destination country on your behalf. Furthermore, you agree that Sigi’Nommo may delegate the obligation to import the goods on your behalf to a subcontractor (e.g. customs broker). When indicated on the website, Sigi’Nommo through its own or third party software tools will make its best effort to calculate and collect the applicable duties and taxes and any other additional fees up front, either at Checkout or included in the Product price, but ultimately you or your designated consignee as Importer of Record are responsible to pay the applicable duties and taxes and any other import fees to your local customs authorities.
- Shipping and Returns. All orders placed through the Site and all returns are subject to our shipping and returns policies, described on the Shipping and Returns page (available at https://siginommo.com/refund_returns/). The risk of loss and title for all Products purchased by you and shipped by us pass to you upon our delivery to the carrier for shipment. The risk of loss and title for all Products purchased by you and shipped directly by one of our vendors pass from such vendor to you upon such vendor’s delivery to the carrier for shipment. It shall be your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Sigi’Nommo will not make any refunds and will not resend the Product. If you are located in Germany, the risk of loss and damage to Products pass to you in the moment after the shipment with the Products has crossed the German border (“Moment of Risk Transfer”). If carrier tracking indicates that a Product was lost in transit, you may make a written claim for replacement of (or a store credit for) the lost Product in compliance with Sigi’Nommo’s Return Policy (https://siginommo.com/refund_returns/). For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to Sigi’Nommo’s investigation and sole discretion. Sigi’Nommo cannot guarantee delivery to P.O. boxes.
- Credits. Sigi’Nommo may offer you credits that you can use to purchase Products. The provision of credits are subject to the Sigi’Nommo Shipping and Return Policy (available at https://siginommo.com/refund_returns/).
- Gift Cards. Sigi’Nommo may offer the ability to purchase and use gift cards.
- Colors. Sigi’Nommo makes reasonable efforts to display the colors of our Products that appear on this Site as accurately as possible. However, since the actual colors you see depend upon your computer and monitor, we cannot guarantee that the colors displayed to you will be completely accurate.
- Promotions. Sigi’Nommo reserves the right to refuse, suspend, or revoke promotional offers at anytime.
3. Registration; Eligibility; Restrictions.
- Sigi’Nommo Users. Sigi’Nommo might require you to complete a registration process to access certain parts of the Service. You must complete the registration process by providing us with current, complete, and accurate information, as prompted by the applicable registration form.
- Accuracy of Information. You acknowledge that if you provide any information to us that is not current, complete, or accurate, Sigi’Nommo may terminate these Terms and your continued access and use of the Service. You agree to update your information if it is no longer current, complete, and accurate.
- Eligibility. You represent and warrant that: (1) you are at least 18 years of age and capable of forming a binding contract with us; (2) you have not been previously suspended or removed from the Service; and (3) your registration and your use of the Service is in compliance with all applicable laws.
- Credentials. As part of the registration process, you might be asked to select a username, password, or other login credentials. You are responsible for maintaining the security and confidentiality of your login credentials. You agree to notify Sigi’Nommo immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at firstname.lastname@example.org or complete the form at https://siginommo.com/contact-us/. You are responsible for all use of the Service occurring under your account and all content posted with your account on the Service. You may not share your login credentials with any third party. Sigi’Nommo will not be liable for any loss that you incur as a result of someone else using your login credentials or account. You may be held liable for any losses incurred by Sigi’Nommo or a third party due to someone else using your account or login credentials.
- Your Responsibilities. You may use the Service solely for lawful purposes, as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any third party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining, or any other means. Without limiting any of the foregoing, you may not (and you may not allow or assist any third party to):
(1) use, copy, modify, create derivative works, install, transfer, or distribute the Service, except as specifically described in these Terms and any usage limitations communicated to you;
(2) rent, lease, or otherwise permit third parties to use the Service;
(3) use the Service to provide services to third parties (e.g., as a service bureau or agency), including rebranding the Service;
(4) circumvent or disable any security or other technological features of the Service;
(5) probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
(6) gain unauthorized access to the Service, to other Sigi’Nommo Users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
(7) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms related to the Service;
(8) remove any proprietary notices or labels from the Service or any related materials;
(9) use the Service to transmit any content that is offensive, harassing, libelous, abusive, threatening, hateful, harmful, or otherwise objectionable;
(10) use the Service to distribute any viruses or other malicious code, or to transmit large amounts of data in a way that would be expected to have a detrimental effect on the Service;
(11) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or reproduce or circumvent the navigational structure or presentation of the Service or its contents;
(12) reformat, mirror, or frame any portion of the Service;
(13) harvest or collect information about other Sigi’Nommo Users without their prior written consent;
(14) restrict, discourage, or inhibit any person from using the Service;
(15) disclose personal information about a third party on the Service or obtained from the Service without the consent of such third party;
(16) violate any applicable international, federal, state, or local laws, regulations;
(17) use the Service in violation of Sigi’Nommo’s or any third party’s intellectual property or other proprietary or legal rights;
(18) express or imply that any statements you make are endorsed by us, without our prior written consent in each instance; or
(19) use or access the Service to build a competing service.
We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.
From time to time during the term of these Terms, Sigi’Nommo may disclose or make available to you information about its business. You acknowledge that all knowledge, information, and data provided by Sigi’Nommo to you that is not generally known or available publicly, whether or not marked, designated, or otherwise identified as “confidential” with respect to the business, operations and marketing of Sigi’Nommo’s products and services, and intellectual property of Sigi’Nommo that you may learn or discover, is confidential information of Sigi’Nommo and you will not use or disclose such confidential information to any third party without the express prior written consent of Sigi’Nommo.
5. Consent to Electronic Communications.
- You consent to receiving push notifications and marketing emails. If you wish to remove yourself from our email list, please use the unsubscribe link in any email received from us, or email us with “OPT-OUT”, “UNSUBSCRIBE”, “STOP”, or “REMOVE” in the subject line.
- Sigi’Nommo may also communicate with you via text message if you agree to enroll in Sigi’Nommo’s text messaging (SMS) program. You can opt-out from receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program, or just texting STOP to the number from which you currently are receiving our text messages. If you enroll in Sigi’Nommo’s SMS program, you represent and warrant that you are the account holder or customary user for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying Sigi’Nommo at email@example.com immediately. Neither we, our vendors, and/or any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify Sigi’Nommo in full for all claims, expenses and damages related to or caused in whole or in party by your failure to notify Sigi’Nommo if you change your telephone number, including all claims, expenses, and damages related to or arising under the U.S. Telephone Consumer Protection Act. If you enroll in Sigi’Nommo’s SMS program, Sigi’Nommo may suspend or terminate your receipt of automated marketing message from Sigi’Nommo if Sigi’Nommo believes you are in breach of these Terms.
6. Content Submitted to the Service.
- By sending or transmitting to us information, opinions, creative suggestions, ideas, notes, concepts, or other materials (collectively, “Materials”), or by posting such Materials to any area of the Service, you grant Sigi’Nommo and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publish and publicly use such Materials in any media now known or hereafter developed to enhance and develop the Service, including by marketing and advertising the Service, without compensation to you; provided that we will never use your name in connection with any of your Materials that we use in our own advertising and marketing materials without providing prior notice to you. None of the Materials will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any Materials. Sigi’Nommo may remove or alter any Materials at any time for any reason. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Service by any Sigi’Nommo User. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information.
- Under no circumstances will Sigi’Nommo and/or its affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Service. We cannot and do not take responsibility for the veracity, reliability, or completeness of any opinion, advice, information, or statement available on the Service.
- The opinions expressed on the Service by Sigi’Nommo Users reflect solely the opinions of the Sigi’Nommo Users who post thereon and do not reflect the opinions of Sigi’Nommo. You acknowledge and agree that we have the right (but not the obligation) to monitor the Service and Materials; to alter or remove any Materials; and to disclose Materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly; to protect ourselves, other Sigi’Nommo Users, and our visitors; and to comply with legal obligations or governmental requests. If you believe a message violates these Terms or any user policies we provide, please contact Sigi’Nommo immediately at firstname.lastname@example.org or complete the form at https://siginommo.com/contact-us/ so that we can consider its editing or removal.
- You are solely responsible for your Materials and the consequences of posting them on the Service. By posting Materials, you represent, warrant, and covenant that: (i) you are the creator and owner of the Materials or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) your Materials do not and will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (B) slander, defame, or libel any other person; (iii) your Materials do not contain any viruses, adware, spyware, worms, or other harmful or malicious code; or (iv) unless you have received prior written authorization, your Materials specifically do not contain any confidential information of any third party. We reserve all rights and remedies against any Sigi’Nommo Users who breach these representations, warranties and/or covenants.
7. Optional Third-Party Plugins and Services.
- Third-Party Services. Sigi’Nommo and third parties may make available third-party products or services, including plugins, integrations, and related services (“Third-Party Services”) that you may elect to purchase or use. Any use by you of such Third-Party Services and any exchange of data between you and any Third-Party Service or Third-Party Service provider is solely between you and the applicable Third-Party Service provider. Sigi’Nommo does not warrant or provide support for Third-Party Services, whether or not they are designated by Sigi’Nommo as “recommended,” “certified,” or otherwise. Sigi’Nommo is not responsible for any violations of applicable law relating to Third-Party Services, or arising from your use of Third-Party Services.
- No Guarantee. Sigi’Nommo does not guarantee the continued availability of any Third-Party Services (or any integration with Third-Party Services or related Service features), and if such Third-Party Services or related features are discontinued, you will not be entitled to any refund, credit, or other compensation. Depending on your location, certain Third-Party Services may not be available to you.
- Sigi’Nommo IP. The Service, including any content, templates, modifications, enhancements, and updates, and all intellectual property rights therein (collectively, “Sigi’Nommo IP”), is owned by Sigi’Nommo and its licensors. No ownership rights in the Sigi’Nommo IP are transferred to you by these Terms. You do not have any rights in or to the Sigi’Nommo IP except for the limited express rights granted in these Terms.
- Trademarks. You acknowledge that Sigi’Nommo has acquired, and is the owner of, common law or registered trademark rights in the names and word marks “Sigi’Nommo”, and in the other marks and design marks displayed on the Service. You acknowledge that this name and these marks are famous and internationally known. You will not, at any time or for any reason, challenge the validity of, or Sigi’Nommo’s ownership of, the foregoing name and marks, and you waive any rights you may have at any time to do so. You may not use our name or marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. All use of the foregoing name and marks by you will insure exclusively to the benefit of Sigi’Nommo. All marks shown on the Service but not owned by Sigi’Nommo are the property of their respective owners.
- Feedbacks. If you give Sigi’Nommo feedback, comments, or suggestions concerning the Products or Service (collectively, “Feedback”), you hereby assign and agree to assign to Sigi’Nommo all right, title, and interest in and to the Feedback, and Sigi’Nommo is free to use the Feedback without payment, attribution, or restriction.
9. Usage Data.
Sigi’Nommo may collect and analyze data relating to your use of the Service that is aggregated and/or identified in such a way that it is not associated with you (“Usage Data”) and other information relating to the provision, use, and performance of various aspects of the Service and related systems and technologies (including information provided by third-party analytical tools). Sigi’Nommo may analyze, copy, process, collect, use, disclose, and reproduce Usage Data for any purpose, including for the purposes of: (1) complying with a regulatory inquiry or judicial action of a governmental body; and (2) improving the Service and developing new products, services, features, and functionality.
10. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Sigi’Nommo infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Sigi’Nommo to locate the material on the Service;
- the name, address, telephone number, and email address (if available) of the complaining party;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Sigi’Nommo a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.copyright.gov for details. Notices and counter-notices with respect to the Service should be sent to email@example.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
11. Term and Termination.
- Term. The term of these Terms will commence on the date on which you first access or use the Service in any way and will continue so long as you continue to access or use the Service, unless earlier terminated by Sigi’Nommo.
- Termination and Other Remedies. If you breach (or if Sigi’Nommo suspects you have breached) these Terms, Sigi’Nommo may, in its sole discretion, limit, suspend, or terminate your access to the Service, with or without notice. You may terminate these Terms by contacting us at firstname.lastname@example.org.
- Effect of Termination. The following Sections of these Terms will survive termination or expiration of these Terms: 1.A (Service); 1.C (Deactivation) – 1.E (Subcontractors); 2 (Products) – 4 (Confidentiality); and 6 (Content Submitted to the Service) – 21 (Contact Us). Either party’s termination of these Terms is without prejudice to any other remedies it may have at law or in equity, and does not relieve either party of liability for breaches occurring prior to the effective date of termination. Neither party will be liable to the other for damages arising solely as a result of terminating these Terms in accordance with their terms.
12. Disclaimer of Warranty.
- DISCLAIMER. SIGI’NOMMO MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS, SERVICE, THIRD-PARTY SERVICES, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE PRODUCTS, SERVICE, AND THIRD-PARTY SERVICES ARE PROVIDED “AS IS.” SIGI’NOMMO DOES NOT WARRANT THAT THE PRODUCTS, SERVICE, OR THIRD-PARTY SERVICES WILL SATISFY YOUR REQUIREMENTS, ARE WITHOUT DEFECT OR ERROR, OR THAT THE OPERATION OF THE SERVICE OR THIRD-PARTY SERVICES WILL BE UNINTERRUPTED. Some jurisdictions do not allow the exclusion or limitation of warranties, so the above limitation or exclusion may not apply to you.
- Third-Party Information. You acknowledge that any information you obtain from another Sigi’Nommo User comes from those individuals, and not from Sigi’Nommo, and that Sigi’Nommo, to the fullest extent permitted by law, is not responsible for any of the information these third parties may supply or for any statements, claims, or representations they make. To the fullest extent permitted by law, Sigi’Nommo disclaims any such statements, claims, or representations.
- Defense. At Sigi’Nommo’s option and request, you will defend Sigi’Nommo, its affiliates, and their respective directors, officers, employees, agents, and contractors (the “Sigi’Nommo Parties”) from any actual or threatened third-party claim, proceeding, or suit arising out of or based on (1) your breach of any representation, warranty, or covenant in these Terms or (2) use of the Service in a manner not authorized under these Terms (each, a “Claim”). If Sigi’Nommo requests you to defend an Sigi’Nommo Party from any Claim, Sigi’Nommo will: (1) give you prompt written notice of the Claim; (2) grant you full and complete control over the defense and settlement of the Claim; (3) provide assistance in connection with the defense and settlement of the Claim as you may reasonably request; and (4) comply with any settlement or court order made in connection with the Claim. Notwithstanding the previous sentence, you may not enter into any settlement that involves an admission of guilt or liability of any of the Sigi’Nommo Parties without Sigi’Nommo’s prior written consent. Sigi’Nommo may participate in the defense of a Claim at its own expense and with counsel of its own choosing.
- Indemnification. You will indemnify the Sigi’Nommo Parties from and pay: (1) all damages, costs, and attorneys’ fees finally awarded against an Sigi’Nommo Party in any Claim; (2) all out-of-pocket costs (including attorneys’ fees) reasonably incurred by any of the Sigi’Nommo Parties in connection with the defense of a Claim; and (3) all amounts that you agree to pay to any third party to settle any Claim.
14. Limitation of Liability.
- EXCLUSION OF DAMAGES. NEITHER SIGI’NOMMO NOR ANY OF THE OTHER SIGI’NOMMO PARTIES WILL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING LOST PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, EVEN IF SIGI’NOMMO IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
- DAMAGES CAP. SIGI’NOMMO’S TOTAL LIABILITY OF ANY AND ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF: (1) THE AMOUNT OF FEES PAID BY YOU TO SIGI’NOMMO DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION); OR (2) $100.
15. New Jersey Notice.
IF YOU ARE A RESIDENT OF NEW JERSEY, SECTIONS 12.A (DISCLAIMER) AND 14 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
16. Dispute Resolution.
- Generally. If you are not a resident of the United States, this Section 16 (Dispute Resolution) will only apply to you to the extent applicable law in your country of residence permits. In the interest of resolving disputes between you and Sigi’Nommo (or any Third-Party Services provider acting on our behalf) in the most expedient and cost-effective manner, you and Sigi’Nommo agree that any dispute arising out of or in any way related to these Terms, the Products, or your use of the Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, the Products, or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the expiration or termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SIGI’NOMMO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THESE DISPUTE RESOLUTION TERMS WILL APPLY TO YOU AND SIGI’NOMMO UNLESS YOU CHOOSE TO OPT-OUT PURSUANT TO SECTION 16.I (OPT-OUT). Whether to agree to arbitration is an important business decision. It is your decision to make, and you should not rely solely on the information provided in these Terms as it is not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision. This Section 16 shall survive any termination of these Terms.
- Exceptions. Despite the provisions of Section 16.A (Generally), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (1) bring an individual action in small claims court if it qualifies; (2) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; or (3) seek injunctive or other equitable relief in a court of law to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
- Arbitrator. Any arbitration between you and Sigi’Nommo will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) then in effect, as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
- Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party within the applicable statute of limitations period (“Notice”). Sigi’Nommo’s email address for Notice is email@example.com. The Notice must: (1) describe the nature and basis of the claim or dispute; (2) set forth the specific relief sought; and (3) if you are sending the Notice to Sigi’Nommo, include your name and address (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 45 days after the Notice is received, you or Sigi’Nommo may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Sigi’Nommo must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section 16 is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section 16 or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.
- Fees; Location. If you commence arbitration in accordance with these Terms, each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephone hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Sigi’Nommo for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND SIGI’NOMMO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004, CALIFORNIA LABOR CODE § 2698 ET SEQ. WHICH ARE NOT COVERED BY THIS SECTION 16 (DISPUTE RESOLUTION)). Unless both you and Sigi’Nommo agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If Sigi’Nommo makes any future change to this arbitration provision, other than a change to Sigi’Nommo’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Sigi’Nommo’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Sigi’Nommo. If you do not send such written notice, your continued use of the Service following any such change means that you have consented to such change.
- Enforceability. If Section 16.F (No Class Actions) is found to be unenforceable or if the entirety of this Section 16 (Dispute Resolution) is found to be unenforceable, then the entirety of this Section 16 (Dispute Resolution) will be null and void and the exclusive jurisdiction and venue described in Section 19.A (Governing Law) will govern any action arising out of or related to these Terms, the Products, or your use of the Service.
- Opt-Out. Arbitration is not a mandatory condition of these Terms. If you do not want to be subject to this Section 16 (Dispute Resolution), you may opt-out of this Section 16 (Dispute Resolution) by notifying Sigi’Nommo in writing of your decision by sending an email to firstname.lastname@example.org, stating clearly your full name, address, and intent to opt-out of this Section 16. You must opt-out within 30 days of the date you first agree to these Terms or any updated Terms. Should you choose not to opt-out of this Section 16 within the 30-day period, you and Sigi’Nommo will be bound by the terms of this Section 16. You have the right to consult with counsel of your choice concerning this Section 16. You understand that you will not be subject to retaliation if you exercise your right to opt-out of coverage under this Section 16.
17. Cooperation with Authorities.
18. Protected Activity Not Prohibited.
Nothing in these Terms will in any way limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in, any investigation or proceeding (“Protected Activity”) that may be conducted by any federal, state, or local government agency or commission (“Government Agencies”). In connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, Sigi’Nommo. In making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Sigi’Nommo confidential information to any parties other than the Government Agencies.
- Governing Law. These Terms are governed by the laws of the State of New York without reference to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. Subject to Section 16 (Dispute Resolution), all claims arising under these Terms will be litigated exclusively in the federal or state courts of New York, New York. The parties submit to the jurisdiction in those courts. In any proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.
- Injunctive Relief. If you breach Section 3 (Registration; Eligibility; Restrictions), Section 4 (Confidentiality), or Section 8 (Ownership), Sigi’Nommo may suffer irreparable harm, and monetary damages may be inadequate to compensate Sigi’Nommo. Accordingly, Sigi’Nommo may, in addition to any other remedies available, seek injunctive or other equitable relief in response to any such breach.
- Further Assurances. You agree to execute and deliver any documents or instruments, and take any further actions that are reasonably required, to provide the other party the full benefits and rights described in these Terms.
- Assignment. You may not assign these Terms or delegate your performance without Sigi’Nommo’s prior written consent, and any attempt to do so is null and void. Sigi’Nommo may assign or transfer these Terms without your consent. These Terms are binding upon and inure to the benefit of the parties’ permitted successors and assigns.
- Severability. If any provision of these Terms or portion of a provision is held invalid, illegal, or unenforceable (either by an arbitrator appointed pursuant to the terms of Section 16 (Dispute Resolution) or by a court of competent jurisdiction, but only if you timely opt-out of arbitration by sending us an opt-out email in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
- No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.
- Entire Agreement. These Terms constitute the entire agreement and supersede and replace any and all prior oral or written understandings or agreement of the parties relating to their subject matter. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, or supplement these Terms.
- Nature of Rights. The licenses granted under these Terms are rights in “intellectual property” within the scope of Section 101 (or its successors) of the United States Bankruptcy Code (the “Code”). Each party as licensee will have and may fully exercise all rights available to a licensee under the Code, including under Section 365(n) or its successors.
- No Third-Party Beneficiaries. There are no third-party beneficiaries of these Terms.
- Notices. All notices under these Terms must be in writing, and will be considered given: (1) upon delivery, if delivered personally or by internationally recognized courier service; (2) three business days after being sent, if delivered by U.S. registered or certified mail (return receipt requested); or (3) upon acknowledgement of receipt, if delivered by email. Additionally, Sigi’Nommo may provide notice of changes to these Terms or of other information affecting Sigi’Nommo’s customers generally through publication on the Site. Either party may update its notice address by notice to the other party in accordance with this Section. All notices to Sigi’Nommo will be sent to:
12 East 128th Street
New York, NY 10035
- Force Majeure. Sigi’Nommo will not be liable for any delay or failure to perform under these Terms as a result of any cause or condition beyond Sigi’Nommo’s reasonable control (a “Force Majeure Event”), so long as Sigi’Nommo uses reasonable efforts to avoid or remove those causes of delay or non-performance. If a Force Majeure Event causes Sigi’Nommo to delay or fail to perform its obligations under these Terms for 30 consecutive days, either party may terminate these Terms.
- Interpretation. If Sigi’Nommo provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail. Any heading, caption, or section title contained in these Terms is for convenience only, and does not define or explain any provision. Any use of the term “including” or variations thereof should be construed as if followed by the phrase “without limitation.”
20. NOTICE FOR CALIFORNIA USERS.
Under California Civil Code Section 1789.3, Sigi’Nommo Users located in California are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
21. Contact Us.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at email@example.com.