Terms and Conditions

Acceptance of the Terms & Conditions

These are the Terms & Conditions for Figable – a mobile app by Figable, LLC. (“Company”, “Figable”, “we” or “us”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms of Use”) apply to your use of the Figable website and iOS and Android mobile application, including any content, functionality and services offered on or through Figable, including the Figable website and the mobile application (respectfully, the “Website” and the “App”), whether as a guest or a registered user. The Website and App and any part or component thereof may collectively be referred to herein as the “Platform.” By executing a written copy of this Agreement, or by installing, copying or otherwise using this App, you agree to be legally bound by the terms of this Agreement. If you do not agree with any term or condition, do not download, order, open, install or use the App or any product package.

Please read these Terms & conditions carefully before using Figable. Any personal data you submit to the Figable Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”), which is incorporated to these Terms of Use by this reference. A copy of the Privacy Policy is available here

Your use of the Figable Platform constitutes your acceptance of and agreement to all of the terms and conditions set forth in these Terms of Use and the Privacy Policy. 

PLEASE NOTE: THESE TERMS OF USE GOVERN HOW DISPUTES BETWEEN YOU AND FIGABLE CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (PLEASE SEE THE SECTION TITLED “ALTERNATIVE DISPUTE RESOLUTION; CLASS ACTION WAIVER” TOWARDS THE END OF THESE TERMS OF USE). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

Changes to the Terms and Conditions

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes will apply prospectively only. Any changes to the dispute resolution procedures set forth below in Governing Law and Jurisdiction shall not apply to any disputes for which the parties had actual notice as of date the change was posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Platform and Account Security

We reserve the right to withdraw or amend the Figable Platform or any aspect of that Platform, and any service or material we provide through the Platform, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Platform.

You are responsible for ensuring that all persons, including any children or minors, who access the Platform through your internet connection are aware of these Terms of Use, and that they comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. Whenever you submit information to the Figable Platform, you do so voluntarily. You are not required to provide any information to the Figable Platform but choosing not to provide information may interfere with your ability to use the Figable Platform or render the Figable Platform unavailable to you. All the information you provide on the Platform must be correct, current and complete. Figable shall not be responsible for any difficulty or loss of services you may experience due to incorrect, outdated, or incomplete information that you provide. 

If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Company of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Use or the Privacy Policy.

Platform Product Support and Changes to the Platform

Figable welcomes feedback and may voluntarily provide technical support for the Platform and the services available on the Platform. Figable is under no obligation to provide technical support under the terms of this license and provides no assurance that any specific errors or discrepancies in the Platform will be corrected.

Intellectual Property Rights

Except as otherwise specifically permitted in these Terms of Use, you may not: (a) modify or create any derivative works of the Platform or documentation, including translation or localization; (code written to published APIs (application programming interfaces) for the App shall not be deemed derivative works); (b) copy the Platform except as expressly provided in these Terms & Conditions or elsewhere by Figable; (c) separate the App, which is licensed as a single product, into its component parts; (d) sublicense or permit simultaneous use of the Platform by more than one user unless such simultaneous use is by authorized users in your Household; (e) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for the Platform or any service or product of the Platform (except to the extent applicable laws specifically prohibit such restriction); (f) redistribute, encumber, sell, rent, lease, sublicense, use the Platform in a timesharing or service bureau arrangement, or otherwise transfer rights to use the Platform; (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Platform; (h) publish any results of benchmark tests run on the Platform to a third party without the prior written consent of Figable;  (i) use the Platform by more users than have been licensed, on more computers or computing devices than the number licensed, or by more developers than the number licensed, as applicable; (j) use any illustrations, photographs, video or audio sequences or any graphics made available by Figable on the Platform separately from the accompanying text; or (k) publicly display, perform, republish, download, store, or transmit any of the material on the Platform .

The Platform and its entire contents, features and functionality (including but not limited to the App, the Website, and all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by US, EU and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. However, Figable does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through Figable.

You are permitted to use the App for your individual, personal, non-commercial use only.

If you wish to make any use of Figable material other than that set out in this section, please address your request in writing to: info@figable.com.

If you print, copy, modify, download or otherwise use any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content made available by Figable on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark or other laws.

Company Trademarks

The Company name, the Figable logo. and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Figable. All other names, brands and marks are used for identification purposes only and are the trademarks or other marks of their respective owners.

Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree NOT to use the Platform

  •  In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the standards and conditions governing Content set out in these Terms of Use;

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

  • To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses or screen names associated with any of the foregoing);

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of Figable or expose them to liability;

  • Additionally, you agree not to use the Platform in any manner that could disable, overburden, damage, or impair the service or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.

  • Use any robot, spider or other automatic device, process, or means to access the Platform for any purpose, including to monitor or copy any of the material available on or through the Platform;

  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent;

  • Use any device, software or routine that interferes with the proper working of the App;

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which Figable is stored, or any server, computer or database connected to the Platform;

  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or

  • Otherwise attempt to interfere with the proper working of the Platform.

 

User Contributions

The App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display or transmit to other users (hereinafter, “post”) Content (collectively, “User Contributions”) on or through Figable.

All User Contributions must comply with the standards and conditions governing Content set out in these Terms.

You represent and warrant that you own or control all rights in and to the User Contributions. By using the Platform and making any User Contributions, you thereby grant the Company and its affiliates an irrevocable, worldwide, royalty-free, fully paid-up, perpetual license to the Company and its affiliates to display, analyze, copy, publish, or otherwise use the Content in such User Contributions in any legal manner the Company may deem necessary or appropriate. You represent and warrant that you have the right to grant the Company and its affiliates the license granted above.

You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold harmless the Company and its affiliates and licensors for any breach of that representation and warranty.

You understand and acknowledge that you are responsible for any User Contributions and the Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness 

Any content and/or opinions uploaded, expressed or submitted to the Platform, and all articles and responses to questions and other Content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company. We are not responsible or liable to any third party for the content or accuracy of any materials posted by you or any other user of the Platform.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contribution (including any Content therein) for any or no reason in our sole discretion;

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution or any Content therein violates the Terms of Use, including the standards and conditions governing Content set forth herein, infringes any intellectual property right or other right, threatens the personal safety of users of the or and the public, or could create liability for the Company;

  • Disclose your identity to any third party who claims that any Content posted by you violates their rights, including their intellectual property rights or their right to privacy;

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform;

  • Terminate your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use; and

  • Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Platform. YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LAW ENFORCEMENT AUTHORITIES OR THE COMPANY IN CONNECTION WITH ANY PENDING OR ACTIVE INVESTIGATION, OR AS OTHERWISE PERMITTED OR REQUIRED BY LAW.

 

We reserve the right to, but shall not have the obligation to, remove any Content in full or in part in our absolute and sole discretion without notice to you; however, we do not undertake to review all material before it is posted on Figable and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding Content or User Contributions, including but not limited to any transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph. In the event that you believe any Content or User Contribution is objectionable, you may contact us at info@figable.com

Content Standards

These content standards apply to any and all User Contributions and Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing:

  • User Contributions must not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • Infringe on any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;

  • Be reasonably likely to deceive any person;

  • Promote any illegal activity, or advocate, encourage, promote, facilitate, or assist any unlawful act;

  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;

  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or

  • Give the impression that the Content or User contribution emanates from us or any other person or entity, if this is not the case.

 

Copyright Infringement

If you believe that any User Contribution or Content violates your copyright, please contact us with a detailed explanation of the alleged infringement at: info@figable.com. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes and convenience. We do not warrant or make any representation to the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

Information About You and Your Visits to the App

All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate, true, and current.

Online Purchases

All purchases through our Platform or other transactions for the sale of goods, or services formed through the Platform or as a result of visits made by you are processed by Apple Pay or Google Pay, and are subject to the terms and conditions and other policies or agreements governing use of those third-parties. Please read the terms and conditions and other policies or agreements governing use of such third-parties’ payment services before making any purchase through the Platform. We do not collect or store any user’s billing information. 

Figable offers a limited version of the Platform to users free of charge. In order to enjoy and use the full version of the Platform, Figable offers an annual subscription for purchase.

You may cancel your annual subscription at any time by sending us written notice of termination to customercare@figable.com or making a cancellation request with the third-party market or provider from which you purchased your annual subscription. The price you paid for the annual subscription will be prorated based on the number of full months you have remaining under your subscription. In no event shall any refund exceed the price for which you purchased your subscription.

Figable may offer in-App purchases to its users. Any in-App purchase is non-refundable. Errors or complaints regarding in-App purchases should be directed to customercare@figable.com. In the event that Figable determines in its sole discretion that an error or defect has prevented you from obtaining or using your in-App purchase, Figable will either fix the error or defect or provide you with in-App credits. 

Linking to the Website

You may link to our Website homepage, or make reference to the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish or post a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish or post a link from any website that is not owned or controlled by you.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage.

The website from which you are linking must comply in all respects with the standards governing Content set out in these Terms of Use.

You agree to cooperate with us in our efforts to cause any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice, or to remove any link you post without notice.

Links from the App

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and shall not be held responsible for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites for which links are made available on the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

Provision of any service by Figable shall not create any obligation for Figable to continue to develop, productize, support, repair, offer for sale or sue, or in any other way continue to provide or develop the Platform either to Users or to any other party. OUR CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR INSTALLATION OR USE OF THE PLATFORM, AND ANY DOCUMENTATION PREPARED OR GENERATED IN CONNECTION THEREWITH, SHALL NOT EXCEED THE AMOUNT OF FEES PAID TO US BY YOU IN CONNECTION WITH YOUR USE OF THE PLATFORM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, and its licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Platform, including, without limitation, any use of content or information made available to you  on the Platform, services and products other than as expressly authorized in these Terms of Use.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of these Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Figable with respect to the Platform and your use of the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.Governing Law

These Terms of Use and your use of the Platform will be governed by, and will be construed under, the laws of the State of Delaware, without regard to choice of law principles. 

Alternative Dispute Resolution; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND FIGABLE CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU AND FIGABLE TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

 

Informal Resolution Process

To expedite resolution and reduce the cost of any dispute, controversy or claim between you and Figable (a “Claim”), you agree to first attempt to negotiate and resolve any dispute you may have with Figable or your use of the Platform in good faith and informally for at least thirty (30) days prior to initiating any formal proceeding (the “Informal Resolution Period”). You must provide notice to Figable in writing including your name, address, contact information, the facts giving rise to the Claim, and the relief requested, before the Informal Resolution Period commences. During the Informal Resolution Period, all offers, promises, conduct and statements, whether oral or written, made in the course of negotiations by the parties, their agents, employees, and attorneys are confidential, privileged, and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties to the extent permitted by law. 

Binding Arbitration

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE YOUR RIGHTS TO RESOLUTION OF CLAIMS IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN. 

Arbitration shall be commenced and conducted under the American Arbitration Act Rules (the “AAA Rules”) in effect at the time the arbitration is initiated, and, where appropriate, the AAA Rules’ Supplementary Procedures for Consumer Related Disputes, both of which are available at the American Arbitration Association website www.adr.org. Notwithstanding the foregoing, if requested by you and proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. You agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after the names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the American Arbitration Association. 

As part of the arbitration, both you and Figable will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claims. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claims. The arbitrator will decide the substance of all Claims in accordance with applicable law and will honor all claims or privilege recognized by 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 having jurisdiction thereof. 

Your arbitration fees and your share of arbitrator compensation will be governed by the AA Rules (and, where appropriate, limited by the AAA consumer Rules), provided that the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules. 

The following types of Claims may be, but are not required to be, arbitrated pursuant to the procedure set forth above:

  • Small claims actions within the scope of small claims court jurisdiction and brought on an individual basis;

  • Applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or

  • Claims that may not be subject to arbitration as a matter of law, including but not limited to any waiver of class action found to be unenforceable by a court of competent jurisdiction.

 

Class Action Waiver

Except as otherwise required by applicable law, you agree that any arbitration will be limited to the Claim between you and Figable individually. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. 

Feedback

All notices of copyright infringement claims should be directed to: info@figable.com.

All other feedback, comments, requests for technical support and other communications relating to Figable should be directed to: feedback@figable.com.

Contact Info

Copyright (C) 2019 Figable, LLC. All rights reserved.

Product Site: www.figable.com

If you have any questions, please contact us via info@figable.com

Thank you for using Figable.

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