Dubata Terms of Use

Effective Date: March 28, 2018

Welcome to Dubata, located in Durham, NC, USA (referred to as “us”, “our”, “we”, “Company”, “Dubata”, “Dubata.com”).

BY USING THE WEBSITE, YOU INDICATE THAT YOU ACCEPT THE POLICY AND THAT YOU AGREE TO ABIDE BY IT. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO STOP USING THE WEBSITE.

Pre-arbitration clause:
IMPORTANT: BY AGREEING TO THESE TERMS YOU AGREE TO RESOLVE DISPUTES WITH DUBATA THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS (AS DETAILED IN SECTION 21).

All capitalized terms used and not otherwise defined herein shall have the meaning ascribed to them in Dubata’s Privacy Policy (“Privacy Policy”), and Teacher Terms & Conditions (“Teacher Terms”).

Any version of these Terms of Use in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

  1. Accessing the Website
  2. General
  3. Disclaimer
  4. Conduct
  5. Registration Terms
  6. Monitoring and Enforcement; Termination
  7. Copyright Infringement
  8. Student’s Obligations
  9. Teachers Obligations
  10. Employer’s Obligations
  11. No Promises
  12. Limitation of Liability
  13. Content, Licenses and Permissions
  14. Dubata Pricing, Payment and Taxes
  15. Trademarks
  16. Indemnification
  17. Severability
  18. Waiver and Amendment
  19. Future Business Actions
  20. Complete Understanding
  21. Agreement to Arbitrate and Class Action Waiver
  22. Your Comments and Concerns

1. ACCESSING THE WEBSITE

You are responsible for making all arrangements necessary for you to have access to the Website. We reserve the right to withdraw or amend the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

2. GENERAL

Our Services enable students (“Students”) to connect with independent contractor teachers (the “Teachers”, collectively with Students, the “Users”) who provide live and recorded instruction, tutoring, and learning services (the “courses”) via our Services. The Services include, without limitation, facilitating and hosting courses and supporting materials, and taking feedback from Users.

We may update these Terms to clarify our practices or to reflect new or different practices, such as when we add new features, and Dubata reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change to these Terms, we will notify you using prominent means such as by email notice sent to the email address specified in your Account or by posting a notice through Our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. You should visit the Services regularly to ensure you are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms.

Dubata may modify the Services or discontinue their availability at any time.

You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

If you elect to access or use Our Services that involve payment of a fee, then you agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If you provide credit card information to pay for such fees then you hereby represent and warrant that you are authorized to supply such information, and hereby authorize Dubata to charge your credit card on a regular basis to pay the fees as they are due.

If your payment method fails or your Account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Services pending resolution of any amounts due by you to Dubata.

Those who choose to access or use the Services from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Services or Third Party Platforms from countries outside of the United States You must agree to abide by all local rules regarding online conduct and acceptable content.

3. DISCLAIMER

The Services are only a marketplace for Teachers and Students. We do not hire or employ Instructors, nor are we responsible or liable for any interactions involved between the Teachers and the Students who purchase an Teacher’s course via the services. We are not responsible if an Employer does not provide their requested positions to Students and/or Teachers. We are also not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Teachers or Students, including, but not limited to, any Student’s reliance upon any information provided by a Teacher.

We do not control Submitted Content (as defined below) posted on the Services and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Services, Dubata may expose you to Submitted Content that you consider offensive, indecent, or objectionable. Dubata has no responsibility to keep such content from you and no liability for your access or use of any Submitted Content, to the extent permissible under applicable law.

The Services may give you access to links to third party platforms (“Third Party Platforms”), either directly or through courses or Teachers. Dubata does not endorse any of these Third Party Platforms and does not control them in any manner. Accordingly, Dubata does not assume any liability associated with Third Party Platforms. You need to take appropriate steps to determine whether accessing a Third Party Platform is appropriate, and to protect your personal information and privacy on such Third Party Platform.

 4. CONDUCT

You may only access the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree not to use the Services or the Company Content (as defined below) to recruit, solicit, or contact in any form, Teachers or potential users for employment or contracting for a business not affiliated with us without our advance written permission, which may be withheld in our sole discretion. You assume any and all risks from any meetings or contact between you and any Teachers or other users of the Services.

5. REGISTRATION TERMS

To use certain Services, you will need to register and obtain an account and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, network management and other services.

You are solely responsible for maintaining the confidentiality of your Account, Username, and password (collectively, Your “Account”) and for all activities associated with or occurring under your Account. You represent and warrant that your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of your Account and any other breach of security, and (b) ensure that you exit from your Account at the end of each use of the Services. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your Account, either with or without your knowledge, prior to your notifying us of unauthorized access to your Account.

You may not transfer Your Account to any other person and you may not use anyone else’s Account at any time without the permission of the Account holder. In cases where you have authorized or registered another individual, including a minor, to use your Account, you are fully responsible for (i) the online conduct of such Student; (ii) controlling that Student’s access to and use of the Services; and (iii) the consequences of any misuse.

6. MONITORING AND ENFORCEMENT; TERMINATION

We have the right, but not the obligation, to review, screen or edit any user contribution. You accept that such contributions do not reflect the views of Company and are not endorsed by the Company.

We have the right to: (a) remove or refuse to post any User Contributions for any reason; (b) take any action with respect to User Contributions that we deem necessary or appropriate; (c) disclose your identity or other information about you to any third-party who in our opinion reasonably claims that material posted by you infringes their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (e) terminate or suspend your access to all or part of the Website.

Without limiting the foregoing, we have the right to fully cooperate with law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

7. COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement where appropriate. If you believe any materials accessible on or from Dubata infringe your copyright, you may request removal of those materials (or access thereto) from Dubata.com by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  3. Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material.
  4. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  6. A statement that the information in the written notice is accurate.
  7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Dubata, Inc.
P.O. Box 38, Durham, NC 27702, USA
Attn: Copyright Claims Assistance
Email: [email protected]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and legal fees).

COUNTER-NOTIFICATION PROCEDURES. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified above). The Counter-Notice must include substantially the following:

  • Your physical or electronic signature
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address)
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled
  • A statement that you will consent to local Federal District Court jurisdiction, or if overseas, to an appropriate judicial body

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

8. STUDENT’S OBLIGATIONS

As a Student, you represent, warrant and covenant that:

  1. You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Services or registering for a course.
  2. You are over the age of 18, or, if not, You will only use the Services with the involvement, supervision, and approval of a parent or legal guardian. Children under the age of 13 may not register for an Account or register or purchase courses.
  3. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services.
  4. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information.
  5. You will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Company Content, the Services or courses or Submitted Content except as permitted by these Terms or the relevant Teacher as applicable.
  6. You will not frame or embed the Services to circumvent the Services.
  7. You will not impersonate another person or gain unauthorized access to another person’s Account.
  8. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services.
  9. You will not disclose any personal information to an Teacher, and otherwise will assume responsibility for controlling how your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information.
  10. You will not solicit personal information from any Teacher or other Student.

Students understand and agree that Teachers from whom Students may have purchased course(s) may choose to terminate their Accounts with Dubata and become inactive. Therefore, Dubata does not guarantee Teacher availability to Students and shall not be held liable for any issues relating to Teacher availability.

9. TEACHERS OBLIGATIONS

Please see Teacher Terms.

10. EMPLOYER’S OBLIGATIONS

As an Employer you represent, warrant and covenant that:

  1. You are over the age of 18, or, if not, You will only use the Services with the involvement, supervision, and approval of a parent or legal guardian.
  2. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services.
  3. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information.
  4. You will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Company Content, the Services or courses
  5. You will not impersonate another person or gain unauthorized access to another person’s Account.
  6. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services.
  7. You will not disclose any personal information to a Teacher, and otherwise will assume responsibility for controlling how your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information.
  8. You will not solicit personal information from any Teacher, Student or other Employer.

Employers understand they must work accordingly to the bylaws of these terms. Any false information reported will result in either an immediate termination of your Account, or legal action taken against you.

11. NO PROMISES

YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY PROMISE, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY PROMISES, REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

12. LIMITATION OF LIABILITY

WE ACCEPT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES AND AGENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM OUR WEBSITE. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE WEBSITE BY YOU.

System Outages.

Dubata periodically schedules system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Dubata has no responsibility and is not liable for: (a) the unavailability of the Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks.

13. CONTENT, LICENSES AND PERMISSIONS

All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where Dubata provides Content to you in connection with the Services, including, without limitation, the software, the products and the site, it is “Company Content”. Content uploaded, transmitted or posted to the Services by a User is “Submitted Content”. Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. You hereby represent and warrant that YOU have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Dubata with respect to your Submitted Content and that Dubata shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submitted Content as authorized in these Terms or have any liability to you or any other party as a result of any use or exploitation of your Submitted Content as authorized in these Terms.

In addition, Dubata hereby grants you (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with particular courses or Services. All other uses are expressly prohibited absent Our express written consent.

You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless we give you explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to you. Teachers may not grant you license rights to Submitted Content you access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.

14. DUBATA PRICING, PAYMENT AND TAXES

1. Pricing.

Pricing of Dubata courses is determined in accordance with the terms set forth in our Teacher Terms and Our Pricing and Promotions Policy. If you are a Student, you agree to pay the fees for courses that You purchase, and hereby authorize us to charge your credit card for such fees. If your credit card is declined, you agree to pay us the fees within thirty (30) days of notification from us, and pay (at Our discretion) a late payment charge of 1.5% per month, or the maximum permitted by law, whichever is greater.

2. Payment.

All payments are made to Dubata.

European Union Users. By purchasing courses (e.g. clicking or tapping the relevant purchase button), you are confirming that you want the course immediately credited to your Account, and that by doing so you are hereby waiving any and all cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it. Notwithstanding the foregoing, you will still be eligible for the 30 day refund right as set forth in this section. For avoidance of any doubt, refunds to you shall be applicable only in accordance with our refund policy described in this section.

3. Taxes.

European Union. In the event that the sale or delivery of a course or any Submitted Content to any Student in the European Union is subject to any value added tax (“VAT”), under applicable law, Dubata will collect and remit the VAT to the competent tax authorities for sales of such courses or Submitted Content to Students in the European Union. Dubata may at its own discretion increase the Sale Price where Dubata is of the view that VAT may be due and Dubata will have a liability to account for such. You will indemnify and hold Dubata harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon.

All Other Countries. For sales of any courses or Submitted Content in countries other than the European Union, You are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in Your own location). Dubata is unable to provide you with tax advice and you should consult your own tax advisor.

4. Rounding Off.

Dubata may, in its sole discretion, round up or round down the Sale Price to the nearest whole functional base unit in which the Sale Currency is denominated (e.g. to the nearest dollar, euro or other supported currency). For example, Dubata will round up an amount of $90.50 to $91, and $92.49 to $92.

Some currencies are denominated in large numbers. In those cases, Dubata may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Dubata to round up an amount of 2,045 up to 2,050 and 2,044 down to 2,040, or 45,450 up to 45,500 and 55,449 down to 55,400, or 937,500 up to 938,000 and 1037,499 down to 1037,000.

5. Foreign Currency.

When browsing without logging in to your Account, the Services will default the Sale Currency to the currency used in your current geographic location (if not, the USD will be the default currency). When you are logged in to your Account, the Sale Currency will be based on your geographic location as set upon Account signup (if not, the USD will be the default currency). You cannot change your displayed currency.

Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.

6. Refunds.

Dubata offers Students a thirty (30)-day, no-questions-asked money back guarantee on courses that are purchased on the Dubata website (at www.dubata.com). Any courses purchased through Third Party Platforms or the iOS application will not be eligible for refunds. If you, as a Student, are unhappy with such a course and request a refund within thirty (30) days of the date that you paid for access to that course, we will provide you with a full refund of the amount you paid. To request a refund, please contact Us via [email protected]. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your Account and refuse or restrict any and all current or future use of the Services, without any liability to you.

If you are an Teacher, you acknowledge and agree that Students have the right to receive a refund as set forth in this section. See Teacher Terms for additional information on refunds.

15. TRADEMARKS

The trademarks, service marks, and logos (the “Trademarks”) used and displayed through our Services or in any Company Content are our registered or unregistered Trademarks or of our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and you may not alter or obscure the Trademarks, or link to them without Our prior approval.

16. IDEMNIFICATION

You hereby indemnify, defend and hold harmless Dubata, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of your breach of any representation or warranty hereunder.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under this Section 14, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.

Notice for California Users. Under California Civil Code Section 1789.3, California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Statute of Limitations. Any claim or cause of action arising out of or related to use of the Services, the Terms, or any services or information available through Third Party Platforms, must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1-year period, such claim or cause of action are forever barred.

17. SEVERABILITY

If any provision of this Policy is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect.

18. WAIVER AND AMENDMENT

If the Company fails to insist upon strict performance of your obligations under any of these terms and conditions, or if the Company fails to exercise any of the rights or remedies to which it is entitled under this Policy, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by the Company of any default will constitute a waiver of any subsequent default, and no waiver by the Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

19. FUTURE BUSINESS TRANSACTIONS

As we continue to develop our business, we might undergo a change of ownership such as a merger and/or a sale of all or substantially all our stock or assets. In such transactions, user information generally is one of the transferred business assets, and by submitting any data or contributions (collectively, “Data”) to us, you agree that such Data may be transferred to such parties in these circumstances. However, any party purchasing our assets will be subject to an obligation to maintain the integrity of your personally identifiable information.

20. COMPLETE UNDERSTANDING

This Policy, together with the documents expressly referred to herein, constitutes the sole and entire agreement between you and the Company with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

21. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

THIS SECTION ONLY APPLIES TO USERS IN THE US AND CANADA.

Before bringing a formal legal case, please first try contacting our support team at [email protected]. Most disputes can be resolved that way.

We Both Agree to Arbitrate. If we can’t resolve our dispute amicably, you and Dubata agree to resolve any claims relating to these Terms, or any of our other terms posted on our Services from time to time, through final and binding arbitration. This applies to all kinds of claims under any legal theory.

Either of us can bring a claim in small claims court either in Durham, NC, or the county where you live, or some other place we both agree on, if it qualifies to be brought in that court.

In addition, if you or Dubata brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). You or Dubata may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

No Class Actions. We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither you nor Dubata can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other users, and cannot be used to decide other disputes with other users. If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then the entire Section 20 (Agreement to Arbitrate and Class Action Waiver) will be null and void, but, the rest of the Terms will still apply.

The Arbitration Process. Any disputes between you and Dubata relating to the Services that involve a claim of less than US$10,000 must be resolved exclusively through binding non-appearance- based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and Dubata agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between you and Dubata relating to the Services that involve a claim of less than US$10,000 must be resolved in accordance with the AAA’s rules about whether the arbitration hearing has to be in-person.

Jurisdiction for Legal Disputes Not Subject to Arbitration. If the Agreement to Arbitrate is determined to be invalid or unenforceable or for any disputes that do not qualify for arbitration, the dispute shall be subject to the exclusive jurisdiction of the Federal and State courts located in Durham, NC. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

Changes. Notwithstanding the provisions of the modification-related provisions above, if Dubata changes this “Agreement to Arbitrate and Class Action Waiver” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Dubata written notice of such rejection by mail or hand delivery to: Dubata Inc., Attn: Legal, P.O. Box 38, NC 27702, or by email from the email address associated with your Account to: [email protected], within 30 days of the date such change became effective, as indicated by the “last updated on” language above.

In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Agreement to Arbitrate and Class Action Waiver” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Dubata in accordance with the provisions of this “Agreement to Arbitrate and Class Action Waiver” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

22. YOUR COMMENTS AND CONCERNS

The Website is operated by Dubata, Inc., located at P.O. Box 38, Durham, NC 27702, USA. If you have any questions, please contact us via email at [email protected] or mail us at the above address.

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