Last Updated: December 23, 2019
This Agreement comprises the terms, conditions, and disclaimers ("Terms of Service") that apply to your access and use of our website and apps ("Software"), as operated by Pin High, LLC, a Utah limited liability corporation, and its affiliates and subsidiaries (collectively, "Pin High, LLC," "we," or "us"). By using the Software, you agree to be bound, without limitation or qualification, by the terms and conditions of this Agreement, regardless of whether you ("you," the "User") are a "Visitor" (which means you use the Software without a user account) or a "Member" (which means you have created a user account on the Software).
By using the data, features, tools, software, functionality, and content on the Software (together, the "Service"), and by accessing or using the Software in any way, you agree to be bound by this Agreement, as well as comply with all applicable laws. If you wish to become a Member of the Software or make use of any of the information or functionality that membership entails, you must read this Agreement and accept it in order to create an account. You will not have access to the Service if you do not agree to the Terms of Service and the Privacy Policy and to any future amendments thereto.
This Agreement may be amended by us from time to time. Any and all changes to this Agreement will be posted on the Software. In addition, the Agreement will always indicate the date it was last revised. We may notify you of any changes at the email address associated with your account, and you agree to accept email communications, links to and our posting of any revised Terms of Service on our Software, and you agree that any of these means of our communicating a change in the Terms of Service constitutes adequate notice to you. Your continued use of the Service indicates your agreement to be bound by any such revisions. Please carefully review all of the Terms of Service before accessing the Software. By accessing and using the Software, you agree to the version of the Agreement posted at the time of access or use.
You must be at least 18 years of age to use the Service. By accepting this Agreement, you represent and warrant that you are 18 years of age or older and are of legal age and capacity to enter into and be bound by this Agreement. If you are acting on behalf of a company or entity, you represent and warrant that you have the legal authority to bind such company or entity.
Pin High, LLC maintains policies and practices regarding the use, protection, and privacy of your personal information (the "Privacy Policy"). By accepting this Agreement, you also accept the Privacy Policy. This policy may be updated from time to time at our discretion. Updates are made effective upon posting to the Software.
The Service is a feed aggregator, feed reader, news reader, Pin High, or simply aggregator, which aggregates web content such as online newspapers, blogs, and more into one location for easy viewing.
Use of the Service as described in this Agreement requires that you become a Member of the Software by creating a user account ("Account"). To create an Account, you will be required to provide certain registration information ("Registration Information") which may include, but is not limited to, your name, email address, username, password, and any other contact information you provide. The requisite Registration Information may change from time to time.
You agree you will be responsible for maintaining the confidentiality of your secret password, which along with your username allows you access to your Account and the Service. If you become aware of any unauthorized use of your account or disclose of any part of your Registration Information, you agree to contact us immediately.
You agree to receive all notices and communications from us electronically, posted on our Software and delivered to the email address associated with your Account. All communications in electronic format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you revoke your consent by notifying us of your decision to do so. If you revoke your consent to receive communications electronically, we will terminate your right to use our Service.
You agree that it is your responsibility to update or change that email address and keep it current, as necessary. We will treat your provision of an invalid email address or any subsequent problems of delivery to a previously valid email address as a withdrawal of your consent to receive electronic communications. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you notice thereof in accordance with applicable law.
The Software Service allows Members to access and consolidate web content ("Content") from one or more accounts held at third-parties with which the Member maintains customer relationships ("Third Party Accounts"). Such Content includes, but is not limited to blog posts, social posts, and account history. As a Member of the Software, and by accessing and using the Service, you expressly authorize and direct Pin High, LLC to electronically retrieve Content from Third Party Accounts on your behalf. In order to access your Third Party Accounts and securely retrieve and store your Content, Pin High, LLC may contract with third-party technology providers.
Using the Service, you may direct Pin High, LLC and its providers to access your Content by directly connecting to one or more of your Third Party Accounts using the login credentials you provide us. For this limited purpose, you appoint Pin High, LLC as your agent and authorize Pin High, LLC to use and store these login credentials. In addition, for the sole purpose of providing your Content as part of the Service, you grant Pin High, LLC a limited power of attorney, and appoint Pin High, LLC as your true and lawful attorney-in-fact, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, for the purpose of accessing your Third Party Accounts and retrieving and using your Content, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully and to all intents and purposes as you might or could do in person. You acknowledge and agree that when we access and retrieve information from third party accounts on your behalf, we are acting as your agent, and not as the agent of or on behalf of the third party. You agree that Third Party Account providers shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand that the Software Service is not endorsed or sponsored by any Third Party Account providers accessible through the Service.
We rely on third-party data providers for content and information to offer the Service, which we believe to be reliable; however, we are not responsible for and cannot guarantee the accuracy, completeness, or correctness of the data received from third-party technology providers, third-party institutions where your accounts are held, and other third-party data providers. Pin High, LLC makes no effort to review third-party data for any purpose, including but not limited to accuracy, legality, or non-infringement. Pin High, LLC is not responsible for the products, services, or data offered by third-party vendors that are displayed through the Service. Pin High, LLC encourages you to periodically confirm Content through independent sources. Such information may be more up-to-date when obtained directly from relevant websites.
Pin High, LLC also makes available links from its Software as a convenience to users, with the intention of allowing users to access additional information. However, you agree to access any websites through those hyperlinks at your own risk, following any rules and restrictions particular to those websites. Pin High, LLC will not be held responsible for the content appearing on third-party websites hyperlinked from its website, nor can Pin High, LLC make any endorsements or warranties, express or implied, with respect to the content of third-party websites, or the products or services offered on any third-party websites, including but not limited to accuracy, completeness, reliability, suitability, non-infringement, merchantability, or fitness for a particular purpose. Pin High, LLC cannot guarantee the authenticity of documents available on the Internet and reserves the right to terminate any link at any time.
We believe the Service is reliable and accurate; however, we may not always foresee or anticipate technical or other difficulties which may result in loss of data, personalization settings, or other service interruptions. You understand that the Service may contain errors, bugs, or other technical problems. You also understand that your access and use of the Software may be interrupted from time to time for any of several reasons, including without limitation scheduled updates, maintenance, repair, or equipment malfunctions. These difficulties may result in loss of data, personalization settings, or other interruptions in the Service. For this reason, you agree that, except as explicitly stated otherwise in these Terms of Service, the Service is provided "AS-IS", without warranties of any kind.
The content on the Software is made available for informational purposes only, and in all instances may not be timely or complete, and should not solely be relied upon for making any decisions. Pin High, LLC cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings. Pin High, LLC reserves the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that Pin High, LLC will not be liable to you or any third party for any modification or discontinuance of the Service. Pin High, LLC reserves the right to alter features, licensing terms, or other characteristics of any version of services it releases.
In order for us to provide accurate and timely information, we rely on you to provide us with complete, accurate, and up-to-date information, both now and in the future, regarding you and your accounts. Our ability to provide the Service is conditioned upon your submission of correct contact and account information, and never misrepresenting to us your identity or other Registration Information. You must keep your registration and account information up-to-date and accurate, or the accuracy and effectiveness of the Service will be impaired.
We want to hear from you. We welcome your feedback, comments, criticism, and suggestions (collectively, "Feedback") as this helps us to continually improve the Service. You agree that Feedback may be used by Pin High, LLC in any way, including in our products, services, advertising, and marketing. You grant Pin High, LLC a perpetual, worldwide, nonexclusive, fully transferable, royalty-free, sublicensable, irrevocable right and license to use any Feedback you provide us via email, social media, regular mail, telephone, or by any other medium. Pin High, LLC will not sell, publish, or share your feedback in a way that could identify you without your explicit permission.
Your use of the Service is offered for a fee. Additional, optional services may be made available to you from time to time for a fee. To use these services, you may be required to make payment, execute an agreement, and agree to additional terms of use. By using the applicable service and providing payment for the service, you accept the cost of the service. Pin High, LLC reserves the right, in its sole discretion, to amend or change its pricing for any services that it may offer.
Based on your Content, the Service may present information relating to third party products or services ("Offers"). Some parts of the Service may be supported by sponsored links from advertisers and display Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We may disclose when a particular Offer is sponsored.
In connection with Offers, the Service will provide links to other websites belonging to Pin High, LLC advertisers and other third parties. Pin High, LLC does not endorse, warrant or guarantee the products or services available through the Offers (or any other third-party products or services advertised on or linked from our Software), whether or not sponsored, and Pin High, LLC is not an agent or broker or otherwise responsible for the activities or policies of those websites. Pin High, LLC does not guarantee that the terms, rates, or rewards offered by any particular advertiser or other third party on Software are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market.
Pin High, LLC may provide automatic alerts, optional alerts, and optional notifications.
To enhance security, we may send automatic alerts when changes are made to your online account, such as a change to your email address or other Registration Information.
Optional account-related alerts are designed to be sent only when certain predefined criteria are met. Optional alerts can be customized, deactivated, and reactivated by you.
Notifications are designed to be regular email updates regarding the status and performance of your investments. They are an optional part of the Service that can be customized, deactivated, and reactivated by you. Notifications are sent at regular intervals and contain account-related information.
All electronic alerts and notifications will be sent to the email address you provided as your primary email address on the Software. If your email address or your mobile device's email address changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts and notifications are not encrypted, we will never include your password. However, alerts and notifications may include your username. Depending on which alerts and notifications you select, sensitive information may be included. You understand that anyone with access to your email will be able to view the content of these alerts and notifications. At any time you may disable future alerts or notifications.
You understand and agree that any alerts or notifications provided to you through the Service may be delayed or prevented by a variety of factors. Pin High, LLC will attempt to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Pin High, LLC shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert or notification; for any errors in the content of an alert or notification; or for any actions taken or not taken by you or any third party in reliance on an alert or notification.
The contents of the Software, including its "look and feel" (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software, and other material are protected under both United States and foreign copyright, trademark, and other laws. This content belongs to or is licensed to Pin High, LLC. We hereby grant you the right to view and use the Software subject to these Terms of Service. You may download or print a copy of information provided on the Software for personal, internal, and non-commercial use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. Except as indicated in this paragraph, you may not copy, reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any of our content or information without our express, written consent.
Pin High, LLC's trademarks (including any service marks) and logos are the property of Pin High, LLC. All other trademarks appearing on the Software are the property of their respective owners. Nothing contained on the Software should be construed as granting by implication, or otherwise, any license or right to use the trademarks or logos appearing on the Software without the express written consent of the content owner. You agree not to remove any of our copyright or trademark notices from the information we provide to you as part of the Service.
You agree that you will not:
These Terms of Service for the Pin High, LLC social network (the "Social Network") contain important information about the Social Network, disclosures about appropriate conduct in the Social Network, and how Pin High, LLC may use content posted with the Software.
In consideration for Pin High, LLC permitting me to access the Software, I agree to be bound by, and act in accordance with, these Terms of Service for the Pin High, LLC Social Network, as amended from time to time by Pin High, LLC by posting additions and amendments on Software. Subject to these Terms, Pin High, LLC grants to me a non-transferable, non-exclusive, limited license to access and use the Social Network portions of the Software for personal, non-commercial use only.
I agree to read and be bound by these Terms of Service and refer to them for any future amendments. These Terms define aspects of my use of the Pin High, LLC Social Network and as it may relate to links to my other social sites outside of Pin High, LLC. My continued use of the Social Network reaffirms my agreement to the then-in-effect Terms, as amended from time to time.
The Pin High, LLC Social Network provides members with access to a personal social network for their own personal use, which may be made available by Pin High, LLC through the Software, and any other Pin High, LLC-branded or co-branded websites which may include widgets or mobile app interfaces. The Pin High, LLC Social Network provides a forum through which members may share information and through which members and non-members may view such shared information.
I understand and agree that the Pin High, LLC Social Network may include service announcements and administrative messages as well as other non-transactional communications, and that agreeing to receive these communications is a requirement of my participation in the Social Network. I agree not to access the Social Network by any means other than through the interfaces that are provided or approved by Pin High, LLC.
In order to access the Pin High, LLC Social Network, I must maintain certain relationships with Pin High, LLC. The Social Network is available to me only by logging into Software. I understand I am not eligible to be a user or customer and participate if I am not 18 years old or older.
In order to uniquely identify me within the Pin High, LLC Social Network, I will create an ID within the Social Network. In certain circumstances a single ID may participate as a single user or to multiple Social Circles or Friends. Any authorized user or customer will be able to post information and update personal Social Network settings including, without limitation, privacy elections for any Social Network ID linked to that authorized user or customer ID, and I will be responsible for all activities through such User ID.
I understand that Pin High, LLC may require my Social Network ID to be the same as my Pin High, LLC user or customer ID, which is my email address. I understand that the information shared or otherwise disclosed by me, including, without limitation, my Social Network ID, and all postings and comments made by me, becomes an integrated part of my Social Network.
I hereby grant Pin High, LLC or its designees a non-exclusive, irrevocable, transferable license to copy, use, modify, and publish Information posted in the Pin High, LLC Social Network (subject to your Social Network privacy elections, which Pin High, LLC will continue to honor). I acknowledge Pin High, LLC's unrestricted right to use information in any medium, now or in the future, without notice, compensation or other obligation to me or any other person. I understand and acknowledge that I will not incorporate proprietary or confidential information belonging to any other person.
I understand that a person or entity may not be required to be a member in order to view Information disclosed on the Software. This means that certain Social Network privacy settings may result in Information posted to the Software (individually and collectively "Public Materials") being visible to persons or entities not themselves members of the Social Network. Public Materials may be accessible by non-Pin High, LLC customers and users of third party web sites that are not affiliated with Pin High, LLC, and that such Information may be attributed to my Social Network ID, Pin High, LLC, or any other designation as Pin High, LLC may determine in its sole discretion.
I understand that I am responsible for establishing my own personal social groups within the Social Network. I can maintain one or more social groups, and determine through my personal settings, certain permissions for members within my social groups. I am responsible for reviewing my privacy settings and will adjust them according to my personal specifications. I will review my privacy settings to ensure they remain current and accurate. I am solely responsible for any decisions I make as a result of the discussions I have within my groups within the Social Network and understand that Pin High, LLC merely provides a platform for these discussions to occur, but in no way influences any decisions I make as a result of my participation within this service. I agree that if I have any questions or concerns regarding my Pin High, LLC account or the products and services available through Pin High, LLC, I will contact Pin High, LLC's Customer Service through other channels, including telephone and email, and not attempt to contact Pin High, LLC through the Pin High, LLC Social Network.
Pin High, LLC reserves the right in its discretion (i) to monitor my use of the Software and Information transmitted through the Software, (ii) to restrict or foreclose access from certain Internet sites or other resources, and (iii) to take other actions it deems necessary to protect the Social Network and its resources. Due to this monitoring, I understand I cannot expect that communications through the Software will remain "private" or otherwise free of review. I will refer to the Pin High, LLC Privacy Policy for information concerning expectations of privacy.
At my discretion, I may discontinue my active participation in the Social Network, despite availability of this service always remaining available through my account. Additionally, my status as a participant of the Social Network, and my access to the Pin High, LLC Software is made available by Pin High, LLC at its sole discretion, and Pin High, LLC may revoke in whole or part, temporarily or permanently, my status as a member and access to the Software without notice at any time and for any reason. At any time and without my authorization, Pin High, LLC may terminate my access to my prior postings and comments with my social groups. While I alone control my participation in the Social Network, if I choose to no longer actively participate, Pin High, LLC may, but is under no obligation to, delete prior posts and comments.
Part of my participation may include an image, such as a photograph or avatar, along with the image or of other participants within my social groups. I agree to allow for use of my image, which I understand will appear within my social groups and within accounts of other participants that are part of my group. Pin High, LLC is under no obligation to remove my image from my account or the accounts of those in my social groups. I grant Pin High, LLC permission to use my image as part of promotional messages for Pin High, LLC, such as within advertisements and communications describing the Social Network service. Pin High, LLC has no obligation to preserve for any period of time any of the Information or materials I or any other member has posted on the Software through my participation in the Social Network.
I understand that Pin High, LLC may determine in its sole discretion what constitutes acceptable behavior and activity within the Social Network. Without limiting Pin High, LLC's right to make my participation in the Social Network standard and content decisions in its sole discretion, I will not use the Social Network to:
Pin High, LLC will enforce the above wherever it deems necessary. Pin High, LLC does not control and does not endorse the content posted by participants within the Social Network. I understand that my participation in the Social Network is based on my own decision and at my own risk, and Pin High, LLC expressly disclaims responsibility for the content participants independently post to the Social Network. Pin High, LLC has the right (but not the obligation) to review and take down any content submitted to the Software. I understand that by accessing the Social Network, I may be exposed to material that I deem to be offensive, indecent, obscene or otherwise objectionable. Under no circumstances will I hold Pin High, LLC and their respective officers, directors, agents and employees liable for any content displayed, or made available by participants through the Social Network, or for any loss or damage of any kind incurred as a result of my participation and use of the Social Network.
The Social Network is comprised of members posting information and content. I understand that all such Information and content contained in the Social Network is for informational purposes only and does not constitute a recommendation by Pin High, LLC or its affiliates to enter into any securities transactions or engage in any of the financial strategies reflected on or suggested on the Social Network (whether such Information is posted by Pin High, LLC or otherwise). Participants in Social Groups can and will write about securities and strategies in which they have a financial or other interest. Performance data reflecting other participants' holdings may include information about securities held at other firms. As such, I understand that Pin High, LLC is not responsible for the accuracy of performance data reflected in other participants Performance data and other information provided by participants within a Social Group may not be accurate, may not be current, is not edited to verify for truthfulness, and should not be relied upon as a sole basis for making investment decisions.
My intentional action in agreeing to these Terms of Service is evidenced by my participation in the Pin High, LLC Social Network, which, by establishing a Social Group, and through my participation, demonstrates my consent to be legally bound by these Terms and by other documentation governing my relationship with Pin High, LLC. My consent to these Terms of Service, which are readily accessible and which I have accessed, read, and understand, fully satisfies any requirement that they be provided to me in writing.
Nothing in the Social Network is intended as, nor should I rely on it as, advice provided by Pin High, LLC.
Pin High, LLC and its affiliates, licensors, and agents represent the Service is "as is" and "as available" without warranty of any kind. Pin High, LLC, and its affiliates, licensors, and agents assume no responsibility for errors or omissions made by you, or errors or omissions in the content, information or other documents which are referenced by or linked to the Service and the Software. With respect to the Service and Software, and all content, data and information in relation thereto, Pin High, LLC and its affiliates, licensors, and agents expressly disclaim all warranties of any kind as to the services and all information, products, and other content (including that of third parties) included in or accessible from the services, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Your use of the services and all information, products, and other content (including that of third parties) included in or accessible from our site is at your sole risk.
Without limiting the generality of the foregoing, Pin High, LLC and its affiliates, licensors, and agents will not be liable for the accuracy or reliability of any data, information or content, for any services interruptions, or for any failure or delay resulting from any acts of force majeure or acts that are otherwise outside of Pin High, LLC's or its licensors' or agents' reasonable control, or any Internet or telecommunications failure or your inability to access the services or the site. Nor can Pin High, LLC or its affiliates, licensors, or agents guarantee the complete security of the services or the site, the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations or that any errors in the technology will be corrected. You agree that any downloads of content or materials related to the Service or Software is done at your own risk and you are solely responsible for any damage to your computer or system or loss of data that results from the download of or access to any such materials. In addition, we cannot always anticipate technical or other difficulties with the Service, either presently or as they evolve; the Service may contain bugs, errors or other problems, which may result in loss of data or settings. Some jurisdictions do not allow the exclusion of certain warranties; accordingly, some of the above limitations may not apply to you. Neither Pin High, LLC nor its content providers shall be responsible for investment and other financial decisions, damages, or other losses resulting from use of this web site. Neither Pin High, LLC nor its content providers shall be considered an "expert" under the Securities Act of 1933. Neither Pin High, LLC nor its content providers warrant that this site complies with the requirements of the Financial Industry Regulatory Authority, the Securities and Exchange commission or any similar organization or regulator or with the securities laws of any jurisdiction.
To the maximum extent permitted by applicable law, the liability of Pin High, LLC, its affiliates, licensors and agents to you shall not exceed one hundred u.s. dollars. Pin High, LLC and its affiliates, licensors, and agents shall not in any event be liable for any special, incidental, indirect, or consequential damages of any kind, or for damages measured by lost profits, or for damages for lost opportunity, loss of goodwill, loss of use, loss of data, or other intangible losses, even if Pin High, LLC has been advised of the possibility of such damages, resulting from the use or inability to use the services or the site; the cost of substitute goods or services; any products, data, information, or services purchased or obtained or messages received or transactions entered into, through or from the services; unauthorized access to or alteration of your transmissions or data, statements or conduct of anyone related to the services; the performance or non-performance of any third party account provider site, event if the provider has been previously advised of the possibility of such damages; or any provider or third party website, or any other matter relating to the services or the site. Some jurisdictions do not permit the limitation or exclusion of certain categories of liability, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold Pin High, LLC harmless from and against any and all claims, actions, liabilities, losses, costs, damages or suits (including, but not limited to, attorneys' fees) caused by or arising from your improper use of the Software, information provided by Pin High, LLC to you, your violation of any Terms and Agreements, or your or any user of your account's infringement of any intellectual property or other rights of any person or entity.
In the event that there are third party claims against you for which you properly seek damages from us under this Agreement, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.
This Agreement will continue to apply until terminated by either you or us as set out below. If you want to terminate your legal agreement with us, you may do so by closing your account for the Service. To close your account, email contact@pinhigh.app from the email address associated with your Pin High, LLC account. After confirming you are the account owner we will remove your accounts and login information from our records and will only continue to retain such information is we are required by law to retain.
We reserve the right to terminate our legal agreement with you (by providing an email notice of such termination): (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (ii) if we believe we are required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); (iii) if we no longer offer any of the Service you utilize; (iv) if you no longer agree to the terms and conditions of this Agreement; or (v) for any other reason or no reason, in our sole and absolute discretion.
This Agreement, and your relationship with Pin High, LLC under this Agreement, shall be governed by the laws of the State of Utah without regard to its conflict or choice of laws provisions. Any dispute with Pin High, LLC, or its officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Utah County, Utah, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Pin High, LLC may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Pin High, LLC is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Pin High, LLC, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Utah before a sole arbitrator. The arbitration shall be administered by JAMS pursuant to Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of Utah. Judgment on the award may be entered in any court having jurisdiction in Utah. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party, and shall determine the prevailing party for this purpose.
We have the right to assign or transfer this Agreement, in whole or in part, to any other entity without your consent, at any time during the term of this Agreement. You will be notified at our disgression of any such assignment or transfer. You have no right to assign or transfer this Agreement or your rights or obligations hereunder.
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a wholeshall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree if we do not exercise or enforce any legal right or remedy which is contained in the Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
All covenants, agreements, representations, and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
The Agreement, including the separate Privacy Policy and any other documents referred to herein, represents the entire understanding between both you and us regarding the Service and the subject matter hereof and supersedes any prior statements or representations. In the event of a conflict between the terms of this Agreement and the terms of an exhibit, amendment, schedule, or disclosure, the terms of the exhibit, amendment, schedule, or disclosure shall prevail but, solely as to the subject matter herein.