Last Updated: August 16, 2023
We are Amitree, Inc. (“Amitree,” “we,” or “us”). Thank you for your interest in our website at www.amitree.com, along with our related websites, hosted applications, and other services provided by us (collectively, the “Service”).
The Service includes Folio, a web application and browser extension for real estate agents that helps organize and manage transactions within Google Workspace and Microsoft 365.
YOU AGREE TO RECEIVE TEXTS FROM OR ON BEHALF OF Amitree AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS MAY INCLUDE UPDATES ON REAL ESTATE TRANSACTIONS. YOU UNDERSTAND AND AGREE THAT THESE TEXTS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND AMITREE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
- Effective Date. These Terms are effective as of the “Last Updated” date specified above. We may change these Terms at any time, and we will notify you of any material changes by means that will be obvious to you. If you keep using the Service, you have agreed to the modified terms.
- Authorized Users. Folio is intended for real estate agents, real estate professionals, and their clients. We assume that if you are buying or selling a house, or helping someone do so, you are old enough to use Folio. But, to put a fine point on it: you must be an adult, old enough to enter into a binding agreement to use Folio. If you are using Folio and are a part of a company or other organization, then your company or organization will be bound to these Terms. If you use Folio, you represent to us that you are authorized by your company or organization to use it, and to agree to these Terms. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
- Your Account. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, job title, email address, phone number, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are solely responsible for the activity that occurs on your account and keeping your passwords confidential. We will not be liable for any losses caused by any unauthorized use of your account. If you believe that your account is no longer secure, then you should immediately notify us at firstname.lastname@example.org.
- Account Access. Subject to your complete and ongoing compliance with these Terms and so long as you have an active account with Amitree, Amitree grants you a limited, revocable non-exclusive, non-transferable license to use the Service. We reserve all rights not expressly granted. We may terminate your access to the Service at any time for any reason or no reason (though it is certainly not our intention to do that - we’d rather our users use the product!). Now, here are some basic rules that should go without saying, but our lawyers tell us we have to say them.
When accessing and using the Service, you must not:
- attempt to undermine the security or integrity of Amitree’s computing systems or networks or, where the Service is hosted by a third party, that third party’s computing systems and networks;
- use, or misuse, the Service in any way which may impair the functionality of the Service, or other systems used to deliver the Service or impair the ability of any other user to use the Service;
- attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Service is hosted;
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
- access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Amitree;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;
- sell or otherwise transfer the access granted under these Terms;
- transmit, or input, any files that may damage the Service or any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); or
- attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer or create derivative works of the Service except as is strictly necessary for normal operation.
Each user is responsible for the outcome of any decisions or actions taken based on the information or recommendations provided by the Service. If you are prohibited under applicable law from using the Service, then you may not use it.
- Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law.
- Price. Amitree reserves the right to determine pricing for the Service. Amitree will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Amitree may change the fees for any feature of the Service, including additional fees or charges, if Amitree gives you advance notice of changes before they apply. Amitree, at its sole discretion, may make promotional offers with different features and different pricing to any of Amitree’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
- Authorization. You authorize Amitree or its third-party payment processor (e.g., Stripe) to charge all sums for the orders that you make and any level of access to the Service you select as described in these Terms or as specified on any price terms published by Amitree, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Amitree may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
- Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). For information on Subscription Services, please see our FAQ page. By signing up for a Subscription Service, you authorize Amitree or its third-party payment processor to bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by following these instructions. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.
- Delinquent Accounts. Amitree may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal subscription fee is due, then Amitree reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.
- Intellectual Property
- General. The Service is owned and operated by or on behalf of Amitree and its licensors. Our Intellectual Property remains our Intellectual Property. Your use of any Service does not transfer from us to you any of our Intellectual Property or any Intellectual Property licensed to us by third parties. As between you and us, all right, title and interest in and to any of our Intellectual Property remains solely with us. “Amitree,” the Amitree logo, “Folio,” the Folio logo, “Adiyo,” the Adiyo logo, and all other trademarks, service marks, graphics and logos used by Amitree or Folio are trademarks or registered trademarks of Amitree or Amitree’s licensors. Other trademarks, service marks, graphics and logos used with the website may be the trademarks of other third parties. Your use of the Service or our website grants you no right or license to reproduce or otherwise use any Amitree or third-party trademarks. “Intellectual Property” means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world registered or not, including the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service.
- Backup of Data. You must maintain copies of all data you input into the Service. Amitree adheres to its best practice policies and procedures to prevent data loss, but we make no guarantees. Our Service is provided AS IS and AS AVAILABLE. If it is super important, back it up, because that is not a part of the Service, and in no event will we have responsibility or liability to you for the availability, timeliness, security or reliability of the Service. We reserve the right to modify, suspend or discontinue the Service at any time with or without notice to you, and without any liability to you.
- Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
- User Content
- User Content Generally. Certain features of the Service may allow users to submit, upload, publish, or otherwise transmit (“Post”) content to the Service (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
- Limited License Grant to Amitree. By Posting User Content to or via the Service, you grant Amitree a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content.
- Specific Rules for Photographs and Images. If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
- You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Amitree disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
- you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Amitree and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Amitree, the Service, and these Terms;
- your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Amitree to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
- your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
- User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Amitree may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Amitree with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Amitree does not permit infringing activities on the Service.
- Text Messaging. You agree that Amitree and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, updates on real estate transactions, as well as marketing messages. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF TEXT MESSAGES FROM AMITREE, YOU TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. You may continue to receive text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing texts is not a condition of any purchase on or use of the Service.
- Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself. You may still receive operational emails regarding the Service after you have opted out of promotional emails.
- Acknowledgement. You acknowledge that:
- You may use the Service to access the information and data you input, including any information or data input by your invited users or others you have authorized to use the Service and access your account.
- You are authorized to access the processed information and data made available to you through your use of the Service (whether that information and data is your own or that of anyone else).
- Amitree has no responsibility to any person other than you and nothing in these Terms confers, or purports to confer, a benefit on any person other than you.
- If you use the Service on behalf of or for the benefit of anyone other than yourself, you have legal permission to do so, you authorize any person given access to information or data, and you agree that Amitree has no obligation to provide any person access to such information or data without your authorization and may refer any requests for information to you to address.
- Warranty Disclaimer.
THE SERVICE, THE AMITREE INTELLECTUAL PROPERTY, AND ANY CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
Amitree gives no warranty about the Service. Without limiting the foregoing, Amitree does not warrant that the Service will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded to the fullest extent permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement. Amitree does not warrant that using the Service will be uninterrupted or error free. The operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service. Amitree is not in any way responsible for any such interference or prevention of your access or use of the Service.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
It is your sole responsibility to determine that the Service meets your needs and is suitable for the purposes for which it is used.
- Limitation of Liability.
To the maximum extent permitted by law, THE AMITREE ENTITIES (as defined below) HEREBY DISCLAIM ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Amitree ENTITY (AS DEFINED BELOW) HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTIONS 17.5 (COMMENCING ARBITRATION) AND 17.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE Amitree ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO Amitree FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION 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. THE LIMITATIONS IN THIS SECTION 12 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
If you are not satisfied with the Service, your sole and exclusive remedy is to terminate your use of the Service.
- Indemnification. You agree to defend, indemnify and hold harmless Amitree, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Amitree Entities”) against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of the Service; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; (d) our refusal to provide any person access to your information or data; or (e) our making information or data available to any person with your authorization. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
- Term; Termination
- Term. These Terms are effective beginning when you accept these Terms or first access or use the Service, and ending when terminated as described below.
- No-fault Termination. We may terminate your access to the Service at any time, with or without cause, effective immediately. You may terminate these Terms or the Service by uninstalling Folio and choosing the option to delete your account. If you are in doubt about whether you have deleted your account, please contact our support team.
- Breach. If you breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach can be remedied, or if the breach is not capable of being remedied, then, at our sole discretion, we may suspend your use of the Service for any definite or indefinite period, or terminate these Terms and your use of the Service.
- Effect of Termination. Termination is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. Upon termination of these Terms: (a) your rights to access and use the Service will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; and (c) you must pay Amitree any unpaid amount that was due prior to termination. All provisions of these Terms which by their nature should survive termination shall survive termination, including 5 (Payment Terms), 8.2 (Limited License Grant to Amitree), 11 (Warranty Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 14.4 (Effect of Termination), 17 (Dispute Resolution and Arbitration), and 18 (General).
- Technical Issues. If you need technical help, please contact us and we will be happy to help. We ask that you contact us via support.amitree.com.
- Service Availability and Events Beyond Our Control. While Amitree intends that the Service be available 24 hours a day, seven days a week, it is possible that the Service may be unavailable because of maintenance, development activities, or for reasons beyond our control. If Amitree must interrupt the Service for longer periods than we would normally expect, we will use reasonable efforts to publish in advance details of such activity on the website. Under no circumstances shall Amitree be held liable for any delay or failure in the website, or any of the Service or information on the website directly or indirectly resulting from, arising out of, relating to or for events beyond the reasonable control of Amitree, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. This paragraph is not intended to limit the Limitation of Liability section above.
- Dispute Resolution and Arbitration
- Generally. Except as described in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and Amitree agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AMITREE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Amitree, Inc., Attention: Legal Department – Arbitration Opt-Out, 2093 Philadelphia Pike #3004, Claymont, DE 19703 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Amitree receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 18.1 (Governing Law and Jurisdiction). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
- Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Amitree.
- Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Amitree’s address for Notice is: Amitree, Inc., 2093 Philadelphia Pike #3004, Claymont, DE 19703. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Amitree may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Amitree will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Amitree has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
- Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or Amitree must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
- Arbitration Relief. Except as provided in Section 17.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Amitree before an arbitrator was selected, Amitree will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
- No Class Actions. YOU AND AMITREE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Amitree agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If Amitree makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Amitree’s address for Notice of Arbitration, in which case your account with Amitree will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability. If Section 17.8 (No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Amitree receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.1 (Governing Law and Jurisdiction) will govern any action arising out of or related to these Terms.
- Governing Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of law provisions or your actual state or country of residence. Your use of Folio or by visiting our website does not give rise to personal jurisdiction over Amitree, either specific or general, in jurisdictions other than San Francisco, California, U.S.A.
- Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
- Assignment. These Terms, and any rights and licenses granted, may not be transferred or assigned by you, but may be assigned by us without restriction or limitations.
- Severability. If a court of competent jurisdiction deems any provision of these Terms invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
- Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Statute of Limitation. Unless prohibited by law, any cause of action arising out of or related to the Service or the website must commence within one (1) year after the cause of action occurs. Otherwise, it shall be permanently barred.
- Feedback. We LOVE to hear from you. We want your feedback. The more suggestions you make, the better we can make the Service. We really want you to send feedback. When you send in your comment, you grant us a free, unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any your comments, feedback, suggestions, ideas, musings, ruminations, thoughts and ideas for any purpose (or not). We thank you here, but we will have no obligation to use your idea, and if we do, to acknowledge or compensate you or anyone else for that use.
- International Use. The Service is intended for visitors located within the United States and Canada. We make no representation that the Service is appropriate or available for use outside of the United States or Canada. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
- Contact and California Residents. The provider of Service is Amitree, Inc. You can reach us by telephone at (415) 779-8733, or by email at email@example.com. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. For insurance services, you may report any complaints to the insurance regulator in your state.