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AGREEMENT
These Terms of Use (the "Agreement") constitute a legally binding agreement by and between Feedback Guru and
you or your company (in either case, "You" or "Your") concerning Your use of Feedback Guru’s website,
platform and mobile application (collectively the "Website") and the services available through the Website
(the "Services"). By using the Website and Services, You represent and warrant that You have read and
understood, and agree to be bound by, the Agreement and Feedback Guru’s Privacy Policy (the "Privacy
Policy"). IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING
THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE
THE WEBSITE AND CEASE USING THE SERVICES.
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PRIVACY POLICY
By using the Website, You consent to the collection and use of certain information about You, as specified
in the Privacy Policy. Feedback Guru encourages users of the Website to frequently check Feedback Guru’s
Privacy Policy for any changes.
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CHANGES TO AGREEMENT & PRIVACY POLICY
FEEDBACK GURU RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO
YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR
RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER
UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless Feedback Guru
obtains Your express consent, any revised Privacy Policy will apply only to information collected by
Feedback Guru after such time as the revised Privacy Policy takes effect, and not to information collected
under any earlier Privacy Policies.
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ELIGIBILITY
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, ARE A
RESIDENT OF THE UNITED STATES OR A BUSINESS ENTITY ORGANIZED UNDER UNITED STATES FEDERAL OR STATE STATUTE,
AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual
using the Website or Services on behalf of a company further represents and warrants that they are
authorized to act and enter into contracts on behalf of that company. This Agreement is void where
prohibited.
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LICENSE
Subject to Your compliance with the terms and conditions of this Agreement, Feedback Guru grants You a
non-exclusive, non-sublicensable, revocable, non-transferable, and limited license to access and use the
Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent
of Feedback Guru. All rights not expressly granted hereunder are reserved by Feedback Guru. This Agreement
grants You no rights in or to the intellectual property of Feedback Guru or any other party. Feedback Guru
retains ownership of the Website and Services and all right, title, and interest therein, including without
limitation all intellectual property rights therein, and You acknowledge and agree that Your are acquiring
only a limited right to use the Website and Services as licensed hereunder. The license granted in this
section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that
You breach any provision of this Agreement, Your rights under this section will immediately terminate.
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USER INFORMATION / PASSWORD PROTECTION
In connection with Your use of the Services, You may be required to complete a registration form. You
represent and warrant that all information You provide on any registration form or otherwise in connection
with Your use of the Website and Services will be complete and accurate, and that You will update that
information as necessary to maintain its completeness and accuracy by visiting Your account profile on the
Website.
You may also be asked to provide, or may be given, a user name and password in connection with certain of
the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not
use the account, user name, or password of someone else at any time. You agree to notify Feedback Guru
immediately of any unauthorized use of Your account, user name, or password. Feedback Guru shall not be
liable for any loss that You incur as a result of someone else using Your password, either with or without
Your knowledge. You may be held liable for any losses incurred by Feedback Guru, its affiliates, officers,
directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or
password. You must also promptly notify Feedback Guru if any credit card that You have provide to us is
lost, stolen, or used without permission.
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THIRD-PARTY WEBSITES
The Website is linked with the websites, platforms and services of a number of third parties ("Third-Party
Websites"), some of whom have established relationships with Feedback Guru and some of whom do not. Feedback
Guru does not have control over the content and performance of Third-Party Websites. FEEDBACK GURU HAS NOT
REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR
SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, FEEDBACK GURU DOES NOT REPRESENT,
WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR
QUALITY OF THE INFORMATION, MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. FEEDBACK
GURU DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM,
WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
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SERVICE AND PRICING DESCRIPTIONS
Feedback Guru attempts to be as accurate as possible in its product and service descriptions and pricing
information; however, Feedback Guru cannot guarantee that product and service descriptions and/or
specifications, pricing or any other content on the Website are accurate, complete, reliable, current or
error-free. In the event that information is incorrect due to typographical, informational, technical or
other errors, Feedback Guru will not be liable for any loss or discrepancy with accurate data. Without prior
notice, Feedback Guru may revoke your registration, suspend your ability to use certain parts of the Website
or Services, and/or terminate your access to the Website or Services at any time in our discretion. Feedback
Guru may also modify, suspend, or discontinue the Services.
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CONSENT TO RECEIVE EMAIL
By registering for an account, or subscribing to receive promotional communications, you consent to receive
periodic email and electronic communications from Feedback Guru and our affiliated brands products and
services.
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PROHIBITED USES
Feedback Guru imposes certain restrictions on Your use of the Website and the Services. You represent and
warrant that You will not, without limitation:
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(a) violate or attempt to violate any security features of the Website or Services;
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(b) copy or otherwise duplicate, directly or indirectly, any portion of the Website, including without
limitation, all product listings, prices or service descriptions, designs, information, photographs,
images, drawings, videos, music, text, typefaces, graphics, code, and other files, and the selection,
arrangement and organization thereof (collectively, “Feedback Guru Content”);
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(c) use any software that enables copying or duplication of the Feedback Guru Content for later off-line
viewing;
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(d) distribute, display, modify, transmit, resell, reuse, or repost the Feedback Guru Content in any
electronic form, including any online service, the Internet or any other telecommunications medium which
now exists or shall exist in the future, for any purpose, without the prior written permission of Feedback
Guru;
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(e) provide false, misleading or inaccurate information to Feedback Guru;
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(f) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or
entity;
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(g) harvest or otherwise collect information about Feedback Guru users, including email addresses and
phone numbers;
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(h) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including
without limitation browsers, spiders, bots, avatars, or intelligent agents) to harvest or otherwise
collect information from the Website for any use, including without limitation use on third-party
websites;
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(i) access content or data not intended for You, or log onto a server or account that You are not
authorized to access;
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(j) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated
system or network, or breach security or authentication measures without proper authorization;
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(k) interfere or attempt to interfere with the use of the Website or Services by any other user, host or
network, including, without limitation by means of submitting a virus, overloading, “flooding,”
“spamming,” “mail bombing,” or “crashing”;
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(l) use the Website or Services to send unsolicited e-mail, including without limitation, email promotions
or advertisements for products or services;
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(m) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading
or posting to, or transmission, display, performance or distribution by means of, the Website or Services;
or
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(n) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce
to a human-perceivable form any of the source code used in providing the Website or Services. Any
violation of this section may subject You to civil and/or criminal liability.
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INTELLECTUAL PROPERTY
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(a) Trademarks. Feedback Guru and the Feedback Guru logo” (the "Feedback Guru Marks") are trademarks or
service marks of Feedback Guru. Other trademarks, service marks, graphics, logos and domain names
appearing on the Website may be the trademarks of third parties. Neither Your use of the Website and
Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce
or otherwise use, the Feedback Guru Marks or any third-party trademarks, service marks, graphics, logos or
domain names. You agree that any goodwill in the Feedback Guru Marks generated as a result of Your use of
the Website and Services will inure to the benefit of Feedback Guru, and You agree to assign, and hereby
do assign, all such goodwill to Feedback Guru. You shall not at any time, nor shall You assist others to,
challenge Feedback Guru’s right, title, or interest in or to, or the validity of, the Feedback Guru Marks.
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(b) Copyrighted Materials; Copyright Notice. All content and other materials available through the Website
and Services are either owned by Feedback Guru or are the property of Feedback Guru’s licensors and
suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement
grant You any right, title or interest in or to any such materials.
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DISCLAIMERS; LIMITATION OF LIABILITY
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(a) NO WARRANTIES. FEEDBACK GURU, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS
ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND “WITH ALL FAULTS”.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FEEDBACK GURU, ON BEHALF OF ITSELF AND LICENSORS AND SUPPLIERS,
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. NEITHER FEEDBACK GURU NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE
SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE. NEITHER FEEDBACK GURU NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY
WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.
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(b) YOUR RESPONSIBILITY FOR DAMAGE. YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE
RISK. YOU WILL NOT HOLD FEEDBACK GURU OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY
DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO
ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS.
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(c) LIMITATION OF LIABILITY. THE LIABILITY OF FEEDBACK GURU AND ITS LICENSORS AND SUPPLIERS IS LIMITED,
AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FEEDBACK GURU OR ITS LICENSORS OR SUPPLIERS
BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR
OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR
OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY
ADVICE OR NOTICE GIVEN TO FEEDBACK GURU OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES
ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE
MAXIMUM LIABILITY OF FEEDBACK GURU AND LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE
EQUAL TO THE AGGREGATE PRICE YOU PAID TO FEEDBACK DURING THE SIX-MONTH PERIOD PRECEDING THE INCIDENT OR
INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A
REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN FEEDBACK
GURU AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
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(d) APPLICATION. THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER
DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND
FEEDBACK GURU. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE
LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY
NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND
LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
FEEDBACK GURU’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS,
WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE
WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
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GENERAL REPRESENTATIONS & WARRANTY
You represent and warrant that Your use of the Website and Services will be in accordance with this
Agreement and any other Feedback Guru policies, and with any applicable laws or regulations.
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INDEMNITY BY YOU
You agree to defend, indemnify and hold Feedback Guru harmless, and each of its owners, officers, directors,
employees, agents, affiliates, representatives, sublicensees, successors, assigns, and contractors
(collectively, the "Feedback Guru Parties") from and against any and all claims, actions, demands, causes of
action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees,
arising out of or relating to: (i) Your breach of this Agreement, including without limitation any
representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or
Services; or (iii) Your provision to Feedback Guru or any of the Feedback Guru Parties of information or
other data. The Feedback Guru Parties will have the right, but not the obligation, to participate through
counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify
or hold harmless the Feedback Guru Parties. You may not settle any Claim without the prior written consent
of the concerned Feedback Guru Parties.
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GOVERNING LAW, JURISDICTION AND VENUE
This Agreement shall be treated as though it were executed and performed in Orange County, California and,
subject to the arbitration provisions below, shall be governed by and construed in accordance with the laws
of the State of California without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU
ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE
LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its
fair meaning and not strictly for or against either party.
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(a) REQUIREMENT OF ARBITRATION. BY USING THE WEBSITE OR SERVICES, OR USING ANY PRODUCTS OR SERVICES
PROVIDED BY FEEDBACK GURU, YOU THEREBY AGREE WITH FEEDBACK GURU THAT, TO THE FULLEST EXTENT PERMITTED BY
LAW, YOU AND FEEDBACK GURU WILL RESOLVE ANY ARBITRAL CLAIM BY BINDING ARBITRATION BY THE JUDICIAL
ARBITRATION AND MEDIATION SERVICE (“JAMS”). AS USED IN THIS AGREEMENT, AN “ARBITRAL CLAIM” IS ANY CLAIM OR
DISPUTE YOU HAVE AGAINST OR WITH FEEDBACK GURU OR THE FEEDBACK GURU INDEMNIFIED PARTIES, OR ANY CLAIM
FEEDBACK GURU HAS AGAINST OR WITH YOU, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, THE
SERVICES, ANY PRODUCTS OR SERVICES PROVIDED BY FEEDBACK GURU, OR ANY ADVERTISING RELATING TO THE WEBSITE,
SERVICES OR PRODUCTS PROVIDED BY FEEDBACK GURU. EXCEPT AS OTHERWISE EXPLICITLY NOTED HEREIN, SUCH
ARBITRATION SHALL BE CONDUCTED UNDER THE JAMS STREAMLINED ARBITRATION RULES & PROCEDURES THEN IN EFFECT
(THE “STREAMLINED RULES”).
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(b) WAIVER OF RIGHT TO A JURY TRIAL. BY USING THE WEBSITE OR SERVICES, OR USING ANY PRODUCTS OR SERVICES
PROVIDED BY FEEDBACK GURU, YOU ALSO AGREE WITH FEEDBACK GURU THAT YOU AND FEEDBACK GURU HEREBY WAIVE THEIR
RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS AGREEMENT TO ARBITRATE IS HELD NOT TO
APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, FEEDBACK GURU OR THE FEEDBACK GURU
INDEMNIFIED PARTIES, BOTH YOU AND FEEDBACK GURU STILL AGREE TO WAIVE TRIAL BY JURY.
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(c) JOINDER OF CLAIMS. YOU FURTHER AGREE WITH FEEDBACK GURU THAT NEITHER YOU NOR FEEDBACK GURU WILL JOIN
ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER
PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT NEITHER YOU NOR
FEEDBACK GURU WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.
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(d) NO EFFECT ON SUBSTANTIVE RIGHTS. THIS AGREEMENT TO ARBITRATE DOES NOT CHANGE YOUR OR FEEDBACK GURU’S
SUBSTANTIVE RIGHTS, JUST THE POTENTIAL FORUMS FOR RESOLVING DISPUTES. IN ADDITION, YOU CAN STILL BRING ANY
ISSUES YOU MAY HAVE CONCERNING THIS AGREEMENT, THE WEBSITE, THE SERVICES, OR ANY PRODUCTS OR SERVICES
PROVIDED BY FEEDBACK GURU TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES.
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(e) FINALITY, APPLICATION OF ARBITRATION AWARD. ANY ARBITRATION AWARD MADE AFTER COMPLETION OF AN
ARBITRATION IS FINAL. AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT
WAS AWARDED AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
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(f) Interpretation. This agreement to arbitrate will be governed by and interpreted under the Federal
Arbitration Act, 9 U.S.C. Sections 1-16. In rendering an award, the arbitrator shall apply the substantive
and procedural law of the State of California, without regard to its choice of laws principles. The
arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement,
nor to grant any remedy that is either prohibited by the terms of this Agreement or not available in a
court of law.
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(g) Hearings; Fees and Costs. Either party may demand that any required arbitration hearing or hearings be
conducted other than in person, even if the Streamlined Rules would otherwise have provided for an
in-person hearing. Any required hearing fees and costs shall be paid by the parties as required by the
Streamlined Rules. Each party to the arbitration shall bear their own attorneys' fees and costs in
arbitration.
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(h) Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude either
you or Feedback Guru from seeking provisional remedies in aid of arbitration, including without limitation
orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent
jurisdiction. . THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE
RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA; THE PARTIES HEREBY
WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
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(i) Information. Information on JAMS may be obtained at any office of JAMS, online at
http://www.jamsadr.com/.
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NOTICES
All notices required or permitted to be given under this Agreement must be in writing. Feedback Guru shall
give any notice by email sent to the most recent email address, if any, provided by the intended recipient
to Feedback Guru. You agree that any notice received from Feedback Guru electronically satisfies any legal
requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL
ADDRESS ON FILE WITH FEEDBACK GURU IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON
THE SENDING BY FEEDBACK GURU OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Feedback Guru by
means of: (1) Email at [email protected] ; or (2) U.S. mail, postage prepaid, to 8663 Northstar Dr.,
Riverside, CA 92508. Notice to Feedback Guru shall be effective upon its receipt.
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GENERAL
This Agreement constitutes the entire agreement between Feedback Guru and You concerning Your use of the
Websites. This Agreement and any other written agreements executed between You and Feedback Guru constitute
the entire agreement concerning Your use of the Website, and Services. This Agreement may only be modified
by a written amendment signed by an authorized executive of Feedback Guru or by the unilateral amendment of
this Agreement by Feedback Guru and by the posting by Feedback Guru of such amended version. If any part of
this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’
original intent, and the remaining portions will remain in full force and effect. A waiver by either party
of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such
term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations
hereunder will not be assignable or transferable by You without the prior written consent of Feedback Guru.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and
permitted assigns. You and Feedback Guru are independent contractors, and no agency, partnership, joint
venture or employee-employer relationship is intended or created by this Agreement. Except for Feedback Guru
Parties and Feedback Guru’s licensors and suppliers, there are no other third-party beneficiaries to this
Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement
of proprietary or other third party rights by You would cause irreparable injury to Feedback Guru, and would
therefore entitle Feedback Guru to injunctive relief. The headings in this Agreement are for the purpose of
convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or
provisions of this Agreement.