TERMS OF USE

Last Updated on 06 /19/2024

1. INTRODUCTION

This website, along with the products and services offered on this website (collectively, the “Services”) are made available to you in accordance with these terms and conditions of use (the “Terms”) by UCG Inc. dba Dabstract (“Dabstract”, “we”, “our”, “us”). These Terms, together with our Privacy Policy and all supplemental terms (as amended from time to time), policies and other documents that are expressly referenced in these Terms govern your use of the Services.

Please read these Terms carefully. These Terms form a legally binding contract between you and us. By downloading, accessing or otherwise using any Services in any way, you agree to be bound by these Terms.

We may change these Terms to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations to the Services; (e) improvements for clarity and consistency; or (f) any other reason within our sole discretion.

Please check these Terms frequently. We will treat your continued use of the Services as acceptance of any changes made to the Terms from the previous version. If you do not agree with the changes you should stop using the Services.

2. ARBITRATION NOTICE

In most cases if there is a dispute between us, it will be arbitrated. Additional details are below in the “MANDATORY ARBITRATION” Section.

3. USE RESTRICTIONS

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

In any way that violates or assists you in violating any applicable local, state, national or international law, rule, statute, regulation, by-law, order, protocol, code, decree, or other directive, requirement, or guideline, including, without limitation, any of the foregoing relating to anti-money laundering, anti-terrorism, and anti-corruption.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
For the purpose of exploiting any known faults or bugs in the Services.
To engage in improper or abusive trading practices.
To engage in gambling.
To impersonate or attempt to impersonate Dabstract, a Dabstract employee, officer or agent, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm or offend Dabstract or users of the Services or expose them to liability.

Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Modify, reverse engineer, decompile, prepare derivative works of, disassemble or otherwise attempt to gain access to the source code of the Services.
Use any information derived from the Services to copy, duplicate or create any offerings which compete with or are otherwise similar to the Services.
Use manual or automated means to scrape, pull, copy or otherwise obtain data or information from the Services, including for purposes of training AI models, creating products or services, or for any other purposes.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services 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 Services.
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 Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
Share, sell, or buy Accounts.
Persuade or attempt to persuade (including procuring others to persuade) other users to share any Account information.

We will report any such breach to the relevant law enforcement authorities, as applicable, and we will cooperate with those authorities by disclosing your identity to them in accordance with our Privacy Policy.

4. ELIGIBILITY

You must be at least 21 years of age to use our Services. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.

5. User Accounts and Account Security

You may need to register for a user account with Dabstract or a payment account with one of the third-party payment processors used by Dabstract to access some or all of the Services. If you register for an account in connection with the Services, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security and confidentiality of your login credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reclaim account usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, to those usernames.

6. USER CONTENT

Our Services may allow you and other users to create, post, store and share content, including but not limited to messages, text, photos, graphics, videos, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Dabstract.

You grant Dabstract a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user’s name, likeness, or identity in connection with the Services does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. Dabstract uses third parties to provide services such as payment processors. When you provide User Content in connection with these third-party tools, you may be sharing User Content with these third parties.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Services any User Content that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Is, in Dabstract’s judgment, disrespectful, inappropriate, or may expose Dabstract, our users or others to harm or liability;
May infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
Includes any statements or claims that do not reflect your honest views and experiences;
Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations;
Contains any private information of any third parties, including addresses, phone numbers and payment card information; or
Contain viruses, corrupted data or other harmful, disruptive, or destructive files.

Dabstract assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although Dabstract has no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

7. GEOGRAPHIC RESTRICTIONS

Dabstract is incorporated in the State of Nevada in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

8. PURCHASE TERMS

All purchases through the Services or other transactions for the sale of goods, services, or information formed through the Services, or resulting from visits made by you, are governed by this Purchase Terms section. Additional terms and conditions may also apply to specific portions, services, or features of the Services. All such additional terms and conditions are hereby incorporated by this reference. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SERVICES, YOU ACCEPT AND ARE BOUND BY THESE PURCHASE TERMS.

Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these terms, all products and services listed in your order. All orders must be accepted by Dabstract or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling or emailing our team.

Prices posted on the Services are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order.

Shipments; Delivery; Title and Risk of Loss. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for delays in delivery.

Returns and Refunds. WE OFFER NO REFUNDS ON PRODUCTS DESIGNATED AS NON-RETURNABLE OR FINAL SALE.

All sales are final with the exception of malfunctioning products or incorrect product delivery. For malfunctioning products, we have a 30 day exchange policy. If you received a defective product or an incorrect product delivery, please email us at info@dabstract.com.

Except for any products designated on the Services as non-returnable or final sale, we will accept a return of the products for a refund of your purchase price, less the original and subsequent delivery and handling costs, provided such return is made within 30 days of delivery and provided such products are returned in their original condition, unopened, and with all original packaging intact. To return products, you must email us at info@dabstract.com for details on returning or exchanging your item. You are responsible for all handling charges on returned items. You bear the risk of loss during delivery. Returns must be shipped back with a tracking number.

9. OWNERSHIP; LIMITED LICENSE

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Dabstract or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services. Except as provided in these Terms, any use or reproduction of the Services or intellectual property therein is strictly prohibited. In the event of any breach of these Terms, your right to use and licenses granted in these Terms will cease immediately without notice from us.

10. SUSPENSION; TERMINATION

Dabstract may revoke or terminate your access or use the Services for any reason without notice at Dabstract’s sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate your access or use of the Services if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Services, or any other Dabstract product or service, or (iii) use the Services other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the Services immediately if Dabstract suspends or terminates your access or use the Services. Dabstract reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination. Dabstract may recover its reasonable attorneys’ fees and court costs from you for such action. These Terms will remain enforceable against you while your access or use the Services is suspended and after it is terminated.

11. Intellectual Property

The Services and any original content, features and functionality thereon are and will remain the exclusive property Dabstract and our licensors. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The Services are protected by copyright, trademark, and other laws.

The DABSTRACT word mark, DABSTRACT design mark, logo comprised of a droplet in a triangle, and PURE. POTENT. PERFECTED are the trademark and service marks of Dabstract. All packaging designs constitute the trade dress of Dabstract. All other trademarks, service marks and logos used on the Website are the trademarks, service marks, or logos of their respective owners.

You must obtain the advance written permission of Dabstract to utilize videos, video clips, photos, content from dabstract.com, our logo and other branding, metadata, anything taken from our Services to develop or train artificial intelligence or to do computer analysis, or anything else that is protected by copyright.

You hereby grant to us a royalty-free, fully paid-up, perpetual, irrevocable, worldwide, sublicensable, transferable, non-exclusive license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, whether now existing or hereafter created, any content that is available to us or other users as a result of your use of the Services, and you hereby represent and warrant that (a) you have the full right and authority to grant such license, and (b) such content and our use of the same does not and will not infringe, misappropriate or otherwise violate the intellectual property or other proprietary rights of any third party.

12. FEEDBACK

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Dabstract or our Services (collectively, “Feedback”). You hereby grant Dabstract a worldwide, irrevocable, perpetual, royalty-free license to use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Services by using the Feedback in Dabstract’s sole discretion. You understand that we may treat Feedback as nonconfidential.

13. FUNCTIONING OF THE SERVICES

We will use reasonable endeavors to maintain the operation of the Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, the Services and we may have to suspend operation of any Services without notice for repair, maintenance, improvement, security or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside of our reasonable control.

We cannot guarantee that any Services will work on or be compatible with or capable of being accessed on any particular devices, platforms, operating systems or equipment, or in conjunction with any particular non-Dabstract approved software or connectivity services. We do not accept responsibility for such equipment, software or services. We also do not guarantee that the Services can be accessed in all geographic locations.

14. THIRD PARTY SITES AND TECHNOLOGIES

THE SERVICES MAY INCLUDE TECHNOLOGIES SUPPLIED BY THIRD PARTIES. WE MAKE NO PROMISES ABOUT THOSE THIRD-PARTY TECHNOLOGIES, PRODUCTS OR SERVICES AS THESE ARE OUTSIDE OUR REASONABLE CONTROL.

ANY THIRD-PARTY TECHNOLOGIES SUGGESTED ARE NOT ENDORSED, CONTROLLED OR VERIFIED BY US. ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND WE ARE NOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST OR INCONVENIENCE CAUSED BY THE SUGGESTED TECHNOLOGIES. WE WILL NOT PROVIDE SUPPORT FOR ANY TECHNOLOGIES WHICH ARE NOT OUR OWN. WE EXERCISE NO CONTROL OVER THE COPYRIGHT, PATENT OR TRADEMARK COMPLIANCE OR LEGALITY OF THE SUGGESTED TECHNOLOGIES.

15. COMPLIANCE WITH LAWS

You represent and warrant that your use of the Services will comply with all applicable laws, rules and regulations, including, without limitation, data privacy and protection laws and United States export control and economic sanctions laws and regulations. If you are subject to regulations and you use the Services, we will not be liable if the Services do not meet those requirements. You agree, represent and warrant that (a) you will clearly post, maintain and abide by a privacy notice that complies with applicable laws, rules and regulations, (b) you will obtain and maintain all necessary permissions and valid consents to lawfully transfer data to us and to enable such data to be lawfully collected, processed and shared by us for the purposes of providing the Services, and (c) you will provide all necessary notices and obtain necessary consents required by applicable data protection and privacy laws to enable us to perform the Services.

16. INDEMNITY

You agree to indemnify and hold us harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (a) your use of the Services, (b) your violation of any laws, rules or regulations (including, without limitation, data privacy and protection laws), (c) any misrepresentations by you, or (d) your breach of these Terms.

17. LIABILITY DISCLAIMER

THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICES AND THE CONTENT AVAILABLE ON THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREE OF VIRUSES.

IN NO EVENT SHALL WE (NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Dabstract.

18. USE OF YOUR PERSONAL INFORMATION

We will use your personal data as set out in our Privacy Policy.

19. MANDATORY ARBITRATION

This Section describes the process for disputes related to the Services.

If a dispute or problem arises, users should first contact us via email at info@dabstract.com. If we cannot resolve the dispute or problem, you consent to arbitration. By using the Services, you are waiving the right to a jury trial.

Complaints. In the event of any dispute or problem please contact us in the via email in the first instance. In the event that your query is not satisfactorily resolved, you may lodge a complaint with us or request details about our complaint handling procedures.

When raising an official complaint, please set out the reason for your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint. A member of our team will consider your complaint without prejudice based on the information you have provided and information held by us.

Within 15 business days of our receipt of your complaint we will address all points raised in your complaint by sending you an email explaining how we will (i) resolve your complaint in the way you requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution.

Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

Dispute. Except as described below in the Exceptions and Opt-Out section, you agree that every dispute arising in connection with these Terms, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section-Dispute Resolution and Arbitration within 30 days after the date that you agree to these Terms by sending a letter to 1275 4th Street, No. 372, Santa Rosa, CA 95404 that specifies: your full legal name, the email address associated with your account on the Services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once we receive your Opt-Out Notice, this Section-Dispute Resolution and Arbitration will be void and any action arising out of these Terms will be resolved as set forth in Section - General. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879.

Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our address for Notice is: 1275 4th Street, No. 372, Santa Rosa, CA 95404. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“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 30 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if we have received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the 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 and the other party may seek reimbursement for any fees paid to AAA.

Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. 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.

Arbitration Relief. Except as provided in Section —No Class Actions, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by us before an arbitrator was selected, we will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgement on the award may be entered in any court having jurisdiction.

No Class Actions. YOU AGREE THAT EACH PARTY 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. Further, unless both parties 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 we make any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your Account will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability. If Section - No Class Actions or the entirety of this Section - Dispute Resolution and Arbitration is found to be unenforceable, or if we receive an Opt-Out Notice from you, then the entirety of this Section-Dispute Resolution and Arbitration will be null and void and, in that case, the exclusive jurisdiction and venue described in Section - General will govern any action arising out of or related to these Terms.

20. GENERAL

These Terms and any document incorporated by reference constitute the entire agreement between the parties with respect to its subject matter and supersede any previous terms between the parties in relation to such matters. The limitations, exclusions and restrictions in these Terms shall inure to the benefit of our licensors, successor and assigns. These Terms are drafted in the English language and may be translated into other languages. The English language version of these Terms shall prevail if there is a conflict or inconsistency or clarification required with other language versions. The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. As these Terms are personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to these Terms shall have no rights to enforce any its terms. These Terms shall be governed by and construed in accordance with the laws of the state of Illinois without regard to its conflict of law provisions.

21. CONTACT US

For answers to your questions or ways to contact us, email us at info@dabstract.com.

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