Terms of Service
THESE TERMS OF SERVICE ("TERMS") ARE A BINDING CONTRACT BETWEEN SAAS GROWTH VENTURES LLC AND ITS WEB SITE ("SITE") USERS. BY ACCESSING OR USING ANY PART OF THE WEBSITE OR THE SAAS GROWTH VENTURES SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE OR THE SERVICES. IF YOU REGISTER FOR A FREE TRIAL OF OUR SERVICE, THESE TERMS WILL ALSO GOVERN THAT FREE TRIAL.
These Terms are a set of policies governing the use of the SaaS Growth Ventures Platform (as defined below) operated by SaaS Growth Ventures. The Terms contains specific policies governing use by users seeking calling or telemarketing services ("Users").
We may, in our sole discretion, modify these Terms with or without notice to you. If the modifications are material, we'll let you know by posting a notice on the Site before the modifications go into effect. The notice will designate a reasonable amount of time (the "Notice Period") after which the new terms will go into effect for all Users. If you don't agree with the new terms, please stop using the SaaS Growth Ventures Services during the Notice Period. If you continue to use the SaaS Growth Ventures Services after the Notice Period, your use of the SaaS Growth Ventures Services will be subject to the new terms going forward.
These Terms of Service are in addition to the SaaS and Service Agreement that you may enter into with SaaS Growth Ventures, the terms of each which are solely applicable to your use of the SaaS Growth Ventures Services, and shall control in the event of conflict with these Terms. These Terms, your Order Form, the SaaS and Service Agreement, if applicable, and any attachments thereto form your agreement (collectively the "Agreement") with SaaS Growth Ventures and govern the use of SaaS Growth Ventures Services.
ABOUT THE SAAS GROWTH VENTURES SERVICE
The SaaS Growth Ventures Platform is a proprietary software platform and suite of management tools that facilitate Certified Sales Agents that work to fulfill your sales and customer success needs. The SaaS Growth Ventures Platform, together with the suite of management tools and ancillary services, the "SaaS Growth Ventures Services" or simply, the "Services."
USE OF THE SAAS GROWTH VENTURES SERVICES
Users of the SaaS Growth Ventures Services are responsible for ensuring that its products and sales and marketing practices are at all times in full compliance with all applicable laws, rules and regulations, including without limitation, all local, state, federal and international: (1) product-specific offer regulations; (2) Do Not Call regulations and other applicable regulations as described in 47 CFR section 64.1200 and 16 CFR section 310, including by obtaining a SAN and providing same to SaaS Growth Ventures upon request; (3) licensing and bonding requirements; (4) consumer cancellation rules and regulations; (5) wireless calling regulations; (6) restrictions on the use of automatic telephone dialing systems and pre- recorded messages; (7) opt-out rules; and (8) disclosure obligations. User agrees that it has read and understands the FTC's Telemarketing Sales Rule ("TSR") and the FCC's Telephone Consumer Protection Act ("TCPA"), and all other applicable laws and regulations. User should review these rules with its own legal counsel or other advisors to ensure that it understands and is fully compliant. SaaS Growth Ventures does not assume responsibility for User's compliance with any of the foregoing legal requirements. Further, User shall fully defend, indemnify and hold harmless SaaS Growth Ventures and its board, employees, contractors, and representatives from and against any and all damages, losses, liabilities, claims, and costs arising from any actual or alleged failure to comply with applicable local, state, federal and international laws, rules or regulations.
REGISTRATION; USE OF THE SERVICES
You have our permission to use the Service, but only if:
- you are over 13 years old;
- you do not copy the Service or any part of the Service;
- you do not modify the Service or any part of the Service;
- you follow all the rules and restrictions we've spelled out in these Terms.
If you sign up for the Service, you will be required to create a personalized account, which includes a unique email address and a password to access the Service and to receive messages from SaaS Growth Ventures. You agree to notify us immediately of any unauthorized use of your password and/or account. SaaS Growth Ventures will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your email address, password and/or account.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user's account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user's browser or computer.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by SaaS Growth Ventures, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SaaS Growth Ventures does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does SaaS Growth Ventures adopt nor endorse, nor is SaaS Growth Ventures responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than SaaS Growth Ventures. SaaS Growth Ventures takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will SaaS Growth Ventures be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service, or transmitted to users.
Though SaaS Growth Ventures strives to enforce these Terms, you may be exposed to User Content that is inaccurate or objectionable. SaaS Growth Ventures reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user's access to the Service or take other appropriate action if a user violates these Terms of Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. E-mails sent between you and other participants that are not readily accessible to the general public, will be treated by us as private to the extent required by applicable law. SaaS Growth Ventures shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us at support at saasgrowthventures dot com
LINKS TO OTHER SITES AND/OR MATERIALS
These links are provided as a courtesy to Service users. SaaS Growth Ventures has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by SaaS Growth Ventures, and SaaS Growth Ventures is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by SaaS Growth Ventures. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
a. Termination of Repeat Infringer Accounts. SaaS Growth Ventures respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, SaaS Growth Ventures has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. SaaS Growth Ventures may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
b. DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to SaaS Growth Ventures's designated copyright agent at:
SaaS Growth Ventures 2136 Humboldt St. Santa Rosa CA 95405
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
c. Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by SaaS Growth Ventures copyright agent, SaaS Growth Ventures may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in SaaS Growth Ventures's discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
LICENSE GRANTED TO SAAS GROWTH VENTURES
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to SaaS Growth Ventures a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
Customer Data. Customer Data processed using the SaaS Growth Ventures Services is and will remain, as between you and SaaS Growth Ventures, owned by you.
SaaS Growth Ventures Services. SaaS Growth Ventures or its licensors own all right, title and interest in and to any and all copyrights, trademark rights, patent rights, database rights and other intellectual property or other rights in and to the SaaS Growth Ventures Services and documentation, any improvements, design contributions or derivative works thereto, and any knowledge or processes related thereto and/or provided hereunder.
Feedback. You hereby assign to SaaS Growth Ventures all right, title, and interest in and to any recommendations, suggestions, enhancement requests or other feedback provided by you to SaaS Growth Ventures concerning the SaaS Growth Ventures Services ("Feedback"), and SaaS Growth Ventures is free to make unrestricted use of the Feedback without any necessity of payment to you.
Third Party Products or Services. You may choose to use products or services that are provided or supported by third parties ("Third-Party Services") for use with SaaS Growth Ventures Services. Third-Party Services are provided pursuant to the terms of the applicable third-party license or separate agreement between the licensor of the Third Party Services and you, and SaaS Growth Ventures assumes no responsibility for, and specifically disclaims any liability or obligation with respect to, any Third-Party Services.
You shall be responsible for Customer Data that you provide or use through your use of the SaaS Growth Ventures Services. Further, you are solely responsible for determining the suitability of the SaaS Growth Ventures Service for your business or organization and complying with any regulations, laws, or conventions applicable to Customer Data and your use of the SaaS Growth Ventures Service. SaaS Growth Ventures will take reasonable technical and organizational measures designed to keep the Customer Data secure and to protect it against accidental loss or unlawful destruction, alteration, disclosure or access. SaaS Growth Ventures may only use Customer Data in the following manner: (i) SaaS Growth Ventures may retain a copy of the Customer Data as necessary to comply with applicable law, and (ii) SaaS Growth Ventures may use the Customer Data for the purpose of providing and improving the Services. As a condition of your use and access to the SaaS Growth Ventures Services, you hereby grant SaaS Growth Ventures a royalty-free, fully-paid up, perpetual, irrevocable, transferable and sublicenseable right to use for services optimization, new services development, and reporting purposes transactional data based on the SaaS Growth Ventures Services activity originating from you solely in an aggregate and anonymous manner that does not identify you or your users.
"Customer Data" means any content, materials, data and information that Users or their respective customers enter into the SaaS Growth Ventures Services or data that is generated from User's use of the SaaS Growth Ventures Services, including, but not limited to, any data about User, its customers, or User's website. Customer Data shall not include any component of the SaaS Growth Ventures Services or material provided by or on behalf of SaaS Growth Ventures.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service's e-mail and messaging system, will not constitute legal notice to SaaS Growth Ventures or any of its officers, employees, agents or representatives in any situation where notice to SaaS Growth Ventures is required by contract or any law or regulation. Email is also not guaranteed to be a secure means of communication.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from SaaS Growth Ventures in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that SaaS Growth Ventures provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about SaaS Growth Ventures and special offers. You may opt out of such email by changing your account settings or sending an email to support at saasgrowthventures dot com or mail to the following postal address:
Customer Support SaaS Growth Ventures 18585 Costal HWY Unit 10 #1049, Rehoboth Beach DE 19971-6147
Opting out may prevent you from receiving messages regarding SaaS Growth Ventures or special offers.
WARRANTIES AND DISCLAIMER
Warranties. You hereby represent and warrant to SaaS Growth Ventures that: (a) you have all requisite rights and authority to use the SaaS Growth Ventures Services under these Terms and to grant all applicable rights herein; (b) you are responsible for all use of the SaaS Growth Ventures Services associated with your account; (c) you are solely responsible for maintaining the confidentiality of your account names and password(s); (d) you agree to immediately notify us of any unauthorized use of your account of which you become aware; (e) you agree that SaaS Growth Ventures will not be liable for any losses incurred as a result of a third party's use of your account, regardless of whether such use is with or without your knowledge and consent; (f) you will use the SaaS Growth Ventures Services for lawful purposes only and subject to this Agreement; (g) any information you submit to SaaS Growth Ventures is true, accurate, and correct; and (h) you will not attempt to gain unauthorized access to the SaaS Growth Ventures Services, other accounts, computer systems, or networks under the control or responsibility of SaaS Growth Ventures through hacking, cracking, password mining, or any other unauthorized means. Disclaimer. THE SAAS GROWTH VENTURES SERVICES, DOCUMENTATION, AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND SAAS GROWTH VENTURES: (a) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE; AND NON-INFRINGEMENT; AND (c) DOES NOT WARRANT THAT THE SAAS GROWTH VENTURES SERVICES, DOCUMENTATION OR SITE ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE SAAS GROWTH VENTURES SERVICES, DOCUMENTATION OR SITE. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF SAAS GROWTH VENTURES TO ANY THIRD PARTY. USE OF THE SAAS GROWTH VENTURES SERVICES, DOCUMENTATION AND SITE ARE AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAAS GROWTH VENTURES OR ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you. In that event, such warranties are limited to the maximum extent permitted by, and for the minimum warranty period allowed by the mandatory applicable law.
Indemnification by SaaS Growth Ventures. SaaS Growth Ventures will defend you against any claim, demand, suit or proceeding made or brought against you by a third party alleging that the Services infringes or misappropriates such third party's intellectual property rights (a "Claim against you"), and will indemnify you from any damages, attorney fees and costs finally awarded against you as a result of, or for amounts paid by you under a settlement approved by SaaS Growth Ventures in writing of, a Claim against you, provided you (a) promptly give SaaS Growth Ventures written notice of the Claim against you, (b) give SaaS Growth Ventures sole control of the defense and settlement of the Claim against you (except that SaaS Growth Ventures may not settle any Claim against you unless it unconditionally releases you of all liability), and (c) give SaaS Growth Ventures all reasonable assistance, at SaaS Growth Ventures's expense. If SaaS Growth Ventures receives information about an infringement or misappropriation claim related to the Services, SaaS Growth Ventures may in its discretion and at no cost to you (i) modify the Services so that they are no longer claimed to infringe or misappropriate, (ii) obtain a license for your continued use of that Services in accordance with these Terms, or (iii) terminate your subscription for the Services upon 30 days' written notice and refund you any prepaid fees covering the remainder of the term of the terminated subscription. The above defense and indemnification obligations do not apply if (1) the allegation does not state with specificity that the Services are the basis of the Claim against you; (2) a Claim against you arises from the use or combination of the Services or any part thereof with software, hardware, data, or processes not provided by SaaS Growth Ventures, if the Services or use thereof would not infringe without such combination; (3) a Claim against you arises from Services under an Order Form for which there is no charge; (4) a Claim against you is based on traditional cloud contact center functionality that is or was in general use in the industry; or (5) a Claim against you arises from Customer Data, a Third Party Application or your use of the Services in violation of this Agreement, the documentation or applicable Order Forms.
Indemnification by you. You will defend SaaS Growth Ventures and its affiliates against any claim, demand, suit or proceeding made or brought against SaaS Growth Ventures by a third party alleging that any of your Customer Data or your use of your Customer Data with the Services infringes or misappropriates such third party's intellectual property rights, or arising from your use of the Services or Customer Data in an unlawful manner or in violation of the Agreement, the documentation, or Order Form (each a "Claim against SaaS Growth Ventures"), and you will indemnify SaaS Growth Ventures from any damages, attorney fees and costs finally awarded against SaaS Growth Ventures as a result of, or for any amounts paid by SaaS Growth Ventures under a settlement approved by you in writing of, a Claim Against SaaS Growth Ventures, provided Uphift.ai (a) promptly gives you written notice of the Claim against SaaS Growth Ventures, (b) gives you sole control of the defense and settlement of the Claim against SaaS Growth Ventures (except that you may not settle any Claim against SaaS Growth Ventures unless it unconditionally releases SaaS Growth Ventures of all liability), and (c) gives you all reasonable assistance, at your expense.
Exclusive Remedy. This Section states the indemnifying party's sole liability to, and the indemnified party's exclusive remedy against, the other party for any type of claim described in this Section.
LIMITATIONS OF LIABILITY
Disclaimer of Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, SAAS GROWTH VENTURES WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, COVER, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, GOODWILL, WORK STOPPAGE, LOST PROFITS OR LOSS OF BUSINESS, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH LOSSES.
Damages Cap. UNDER NO CIRCUMSTANCES WILL SAAS GROWTH VENTURES'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR OR YOUR AUTHORIZED USERS' USE OF THE SAAS GROWTH VENTURES SERVICES (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNT PAID BY YOU TO SAAS GROWTH VENTURES FOR THE SAAS GROWTH VENTURES SERVICES GIVING RISE TO THE CLAIM UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY IN CERTAIN INSTANCES, PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW (AND OUR LIABILITY SHALL BE LIMITED OR EXCLUDED AS PERMITTED UNDER MANDATORY APPLICABLE LAW). Independent Allocations of Risk. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of the risks of these Terms between the parties. This allocation is reflected in the pricing offered by SaaS Growth Ventures to you and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms, and each of these provisions will apply even if the warranties in these Terms have failed of their essential purpose.
MANDATORY ARBITRATION, WAIVER OF CLASS ACTIONS; GENERAL
General. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SAAS GROWTH VENTURES SERVICES, DOCUMENTATION OR THE SITE, INCLUDING WITHOUT LIMITATION FOR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, WILL BE RESOLVED BY BINDING ARBITRATION CONDUCTED BEFORE ONE ARBITRATOR, RATHER THAN IN COURT. The arbitration shall be administered by the Judicial Arbitration and Mediation Services http://www.jamsadr.com ("JAMS") pursuant to JAMS' Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the "JAMS Rules"). Either party may initiate the arbitration. The arbitration will be conducted in San Francisco County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Payment of all fees will be governed by JAMS Rules. The parties shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any claim(s) arbitrated under these Terms and, with the exception of disclosure to attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.
No Class Actions. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND MAY NOT BE CONSOLIDATED WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY AND CANNOT BE BROUGHT AS A CLASS ACTION OR ON A REPRESENTATIVE BASIS. You acknowledge and agree that you and SaaS Growth Ventures are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and SaaS Growth Ventures otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If a court decides that this subsection is not enforceable or valid, then sections in this and other paragraphs will be null and void, but the remainder of these Terms will still apply.
Smaller Claims. If your claim(s) total is less than US $2,500.00, then: (i) SaaS Growth Ventures will reimburse filing fees up to a maximum of US $1,000.00, unless the arbitrator determines that your claims are frivolous; (ii) SaaS Growth Ventures will not seek attorney's fees and costs, unless the arbitrator determines that your claims are frivolous; and (iii) you may choose whether your participation in the arbitration will be conducted on the basis of documents provided to the arbitrator, through a telephonic hearing or by in-person hearing.
Provisional Remedies. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
Governing Law and Venue. These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of California, U.S.A., without reference to its choice of law rules to the contrary. For purposes of determining the governing law, the parties agree that SaaS Growth Ventures is the proponent of these Terms. Notwithstanding the parties' agreement to mandatory arbitration, either party may seek any interim or preliminary injunctive relief from a court of competent jurisdiction in San Francisco, CA, as necessary to protect the party's rights or property pending the completion of arbitration. The parties submit to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in San Francisco, California, U.S.A.
Last Updated: November 2018