These Terms of Use (“Terms”) apply to and govern your access and use of the websites offered by Amazentis SA (“Amazentis”), including the website located at: timeline.com (collectively, the “Sites”), and the information and services made available via the Sites, including any online store for Amazentis products (such services, together with the Sites, the “Services”). These Services are solely intended to providing general information and are not intended to provide medical advice of any kind. Please read these Terms carefully before accessing, browsing or using the Services. By accessing, browsing or using any of the Services, you acknowledge that you have read, understood and agree to these Terms, and you represent and warrant that you are authorized and of a legal age to form a binding contract with Amazentis. If you do not agree to these Terms, or if you do not agree with our Privacy Policy (which is incorporated into and made a part of these Terms), you may not browse or use the Services, including any of the information offered therein.

THE SERVICES ARE NOT INTENDED FOR USE BY INDIVIDUALS UNDER THE AGE OF EIGHTEEN (18). IF YOU ARE UNDER EIGHTEEN (18) YEARS OLD, DO NOT ACCESS OR USE THE SERVICES (INCLUDING THE SITES).

THESE TERMS CONTAIN A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE THE APPLICABLE LAW AND DISPUTE RESOLUTION SECTION BELOW FOR ADDITIONAL INFORMATION.

1. Not Intended as Medical Advice

All information made available via the Services, including any product, service, business or medical information, is solely for informational purposes only. Such information is not a substitute for actual medical care. You should not use the information available on or through the Services for diagnosing or treating a health problem or disease or prescribing any medication. Any statements made about products have not been evaluated by the U.S Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. You should always speak with your physician or another healthcare professional before taking any medication or supplement, or adopting any treatment for a health problem. Persons requiring diagnosis or treatment, or who have specific questions related to their condition or care, are urged to contact their health care provider. Amazentis makes no representation and assumes no responsibility for the accuracy of the information contained on or available through the Services, and such information is subject to change without notice.

2. Intellectual Property Ownership

All text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Sites or otherwise made available via the Services, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Sites or otherwise made available via the Services (the “Materials”) are owned by Amazentis and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Amazentis and you, all right, title and interest in and to the Materials will at all times remain with Amazentis and/or its Owners. The word “Amazentis,” the “Amazentis” logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Amazentis. Except as expressly provided in this Section 2, nothing in these Terms or the Services shall be construed as conferring any license under Amazentis’ and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Amazentis may revoke any of the foregoing rights and/or your access to the Services, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

3. Restrictions on Use

The use or misuse of the Services or any Materials, except as provided in the Terms or in the Materials, is strictly prohibited. You agree that any copy of the Materials (or any portion of the Materials) that you make must retain all copyright and other proprietary notices contained herein or therein. Framing of the Sites or Materials or posting of Materials on other websites is strictly prohibited.

You shall not, without Amazentis’ express written consent: (a) distribute text or graphics to others, (b) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or re-use all or part of the Materials on this system or any other system, (c) use any tradename, trademark, or brand name of Amazentis in metatags, keywords and/or hidden text, (d) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Materials, in whole or in part, for public or commercial purposes or modify, translate, alter or create any derivative works thereof, (e) create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way.

You may not (a) use the Services, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Amazentis, the Owner, or any third party referenced therein, (b) use or attempt to use the Materials accessible via the Services for unlawful purposes, (c) alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials; (d) attempt to gain unauthorized access to any portion or feature of the Services, to any other systems or networks connected to the Services, to any of Amazentis’ servers, including but not limited to by hacking, password “mining”, or any other unauthorized means; (e) upload or attempt to upload any viruses or other malicious code to the Site; (f) attempt to breach the security or bypass the authentication measures for the Services, or take any action that interferes with the proper working of the Services, compromises the security of the Services, or otherwise damages the Services ; (g) impersonate or misrepresent your affiliation with any person or entity; or (h) encourage or enable any other individual or entity to do (or attempt to do) any of the foregoing.

You may not, without Amazentis's prior written consent: (a) use or attempt to use bots, scripts, spiders, crawlers, software, or other tools, devices, or processes on the Materials or Services for any purpose, including but not limited to mining, scraping, accessing, or collecting designs or content available on the Materials or via the Services; or (b) use designs or content obtained from the Materials or Services for use in any other product, service, or offering, including but not limited to websites, mobile applications, or other digital services.

4. Links

The Services may contain links allowing you to leave the Sites for other sites that are not under our control (“Linked Site”). Amazentis provides the linked sites to you only as a convenience and does not endorse any Linked Sites. Amazentis is not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Sites contain no errors or viruses. Amazentis is not responsible for the terms of use or privacy practices of the Linked Sites or any link contained in the Linked Sites. Your linking to any Linked Site or any other off-site page or other site is entirely at your own risk. Amazentis encourages you to carefully read the policies of each site you visit.

5. Submitted Ideas, Reviews, Comments, and Other Content

While Amazentis appreciates your interest in Amazentis and the Services, Amazentis does not want and cannot accept any ideas or information you consider confidential and/or proprietary. Except as expressly provided for in the Privacy Policy, all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Services or in response to solicitations on the Services shall be deemed to be non-confidential and non-proprietary and shall be the exclusive property of Amazentis. Further, you understand and acknowledge that Amazentis employs both internal and external resources, which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments to suggestions and that Amazentis is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that Amazentis assumes no obligation of confidentiality or nondisclosure, express or implied, by considering your suggestion or idea. Without limitation, Amazentis shall exclusively own, and you hereby irrevocably transfer and assign to Amazentis, all now known or hereafter existing rights in and to the suggestion, and Amazentis shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation.

We may allow you to post reviews, comments, and other similar content (“Reviews”) on the Services. You may not submit Reviews containing content that is illegal, obscene, threatening, defamatory, misleading, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable. You may not submit Reviews that contain software viruses, political campaigning, commercial solicitations, or any form of unsolicited commercial electronic messages. You may not submit Reviews using a misleading or false e-mail address or while attempting to impersonate any person or entity. We reserve the right (but not the obligation) in our sole discretion to remove any Reviews that we believe violate these Terms. You grant Amazentis a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display Reviews throughout the world in any media. You grant Amazentis and sublicensees the right to use the name that you submit in connection with such content if they choose.

6. Disclaimers

While we strive to make the Services, Materials and the features, content and information provided through the Services reasonably helpful, useful, reliable and current, you understand and agree that your access to and use of the Services, the Materials, and all information available through the Services are at your own initiative and risk. We make no representation as to the quality, completeness, accuracy, reliability, or timeliness of any information made available via the Services. For example, products identified on a Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. We do not promise, covenant, represent, warrant or guarantee that you or any other user of the Services will obtain any particular or tangible result or goal through the use of the Services, or obtain any other product or service in connection with the use of the Services. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Services.

Without limiting the foregoing, the Services, the Materials, and any products made available via the Services are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind, either express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, title, or non-infringement and any warranties arising out of course of dealing or usage of trade. Should applicable law not permit the foregoing exclusion of express or implied warranties, then Amazentis hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from Amazentis, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, Amazentis does not make any warranties that the Services or any products will be available on an uninterrupted, secure or error-free basis; that the Services or any products made available via the Services will meet your requirements or expectations; or that the Services, Materials, or any portion thereof, is correct, accurate, or reliable. Amazentis reserves the right to change any part of the Services at any time without notice.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL AMAZENTIS, ITS AFFILIATES, OR ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS OR ANY OTHER ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR PRODUCTS, OR ANY OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD-PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, ANY PRODUCTS MADE AVAILABLE VIA THE SERVICES, OR ANY OTHER CAUSE BEYOND THE CONTROL OF AMAZENTIS, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT AMAZENTIS OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

WITHOUT LIMITING THE FOREGOING, AMAZENTIS EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGES ARISING OUT OF PRODUCT MISUSE, ABUSE, IMPROPER PRODUCT SELECTION OR NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS. FURTHER, IN NO EVENT SHALL AMAZENTIS, ITS AFFILIATES, OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS OR ANY OTHER SIMILAR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR PRODUCTS, OR ANY OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, BE LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF (OR INABILITY TO USE), OR RELIANCE ON, THE SERVICES, THE MATERIALS, OR ANY OTHER INFORMATION AND CONTENT ACCESSIBLE ON OR THROUGH THE SITES OR MATERIALS; OR (B) THE USE, COPYING, OR DISPLAY OF THE SITE OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SERVICES OVER THE INTERNET.

IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF AMAZENTIS, ITS AFFILIATES, OR ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS OR ANY OTHER ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR PRODUCTS, OR ANY OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF AMAZENTIS, ITS AFFILIATES, OR ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS OR ANY OTHER ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR PRODUCTS, OR ANY OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SERVICES OR MATERIALS, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF (OR INABILITY TO USE) THE SERVICES OR MATERIALS OR THE USE OF ANY PRODUCT MADE AVAILABLE VIA THE SERVICES, SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100.

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SERVICES, MATERIALS, AND PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS, AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

8. Indemnification

You agree to indemnify, defend and hold harmless Amazentis, its affiliates, and its and their respective officers, directors, employees and agents from and against all claims, disputes, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including without limitation reasonable attorneys’ fees) arising out of or in connection with, (a) your access to or use of the Services and other Materials available on or through the Services, (b), your violation of these Terms, or (c) your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defence and control of, any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

9. Updates to these Terms

The Terms are subject to change by Amazentis in its sole discretion at any time. When changes are made, Amazentis will make a new copy of the Terms available at the Sites. We will also update the “Last Updated” date at the top of the Terms. Amazentis may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THE SITES TO VIEW THE THEN-CURRENT TERMS.

10. Miscellaneous

These Terms and the Privacy Policy referenced herein (as each may be revised and amended at any time and from time-to-time according to their respective terms), as well as any additional terms that you expressly enter into with us (such as Referral Program Terms), collectively constitute the entire agreement with respect to your access to and use of the Services, the Materials, and any other information available on or through the Services or Amazentis. Our electronically or otherwise properly stored copy of these Terms shall be deemed to be the true, complete, valid, authentic and enforceable copy of these Terms, and you agree that you shall not contest the admissibility or enforceability of Amazentis’ copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person other than you. Amazentis may assign its rights and duties under these Terms at any time to any third-party without notice. You may not assign these Terms without our prior written consent. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns.

Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of the applicable rules, laws or court decisions. Any provision deemed invalid, void, or unenforceable shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

Any waiver by Amazentis of a breach of any provision of these Terms shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms. Any such waiver must be in writing. Failure by Amazentis to insist upon strict adherence to any term of these Terms on one or more occasions shall not be considered a waiver or deprive Amazentis of the right to insist upon strict adherence to that term or any other term of these Terms in the future.

You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the Services and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the Services, the Materials, or any other information or materials made available via the Services in violation of the aforementioned laws or these Terms.

11. Questions, Complaints, Claims.

If you have any questions, complaints or claims with respect to the Services, Materials, or any information available therein, please contact us at: care@timeline.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

12. Products for Personal Use Only

The products made available via the Services, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or samples thereof that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.

13. Payment and Order Terms

The Services and the Materials may enable you to order products from Company. The amounts due and payable by you for any product that you purchase (including applicable taxes, shipping and handling) will be presented to you before you place your order. If you place an order for any products, you agree (a) that Amazentis may charge your credit card for verification, pre-authorization and payment purposes, and (b) that you are responsible for paying any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. Your order is not binding on Amazentis until accepted and confirmed by Amazentis. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

When you provide bank card information, account numbers or other information necessary to facilitate payment to us, you represent to us that you are the authorized user of the bank card that is used to pay for the relevant products.

14. Risk of Loss, Return Policies, and FAQ

Title to products passes from Amazentis to you upon shipment from an Amazentis facility. For information on order processing and shipping, please see our Shipping FAQ. Please be aware that our shipping times are only estimates and are subject to change.

Returns will only be accepted for a product that was damaged or defective at the time you received it. If you desire to return any product or service that you ordered, you must do so at your own expense. Refunds will only be issued for eligible returns received by Amazentis within 30 days of the applicable order date. No refunds will be issued for a partially used product or a product that appears to be handled or tampered with.

If the product appears damaged or defective, do not use it. Please take a photo of the product and send it to: care@timeline.com along with your order information.

15. Calling, Texting, and Electronic Communications

You agree that Amazentis may communicate with you electronically. Amazentis will communicate with you by e-mail, by posting notices via the Site, or as otherwise agreed to by you. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may have the right to withdraw consent to receive certain communications electronically. Amazentis will provide you with paper copies of any notices upon request where required by law. To exercise the rights you may have, please contact Amazentis at care@timeline.com. To receive, access, and retain notices, you must have Internet access and a computer or device with a compatible browser; software capable of viewing PDF files; and the ability to print or download and store PDF files. You confirm that you are able to receive, access, and retain information on the Site and that you can access, print, download, and store PDF files that Amazentis may send to you via email. To withdraw consent or update contact information contact Amazentis at care@timeline.com.

You also consent to receive calls and text messages from Amazentis, including but not limited to calls and text messages made using an automatic telephone dialing system or that use a prerecorded or artificial voice, for any non-marketing purpose at any telephone number that you provide to us or that we may obtain for you. You agree to notify us if your telephone number changes.

16. Applicable Law and Dispute Resolution

You agree that the laws of State of California, United States of America govern all matters relating to the Services, and that such laws will apply without regard to principles of conflict of laws.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND AMAZENTIS AGREE TO SUBMIT EXCLUSIVELY ANY CLAIM, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR THE PRODUCTS AVAILABLE VIA THE SERVICES, THIS AGREEMENT OR ANY OTHER POLICIES OR OTHER TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A “DISPUTE”) FOR RESOLUTION BY CONFIDENTIAL, INDIVIDUAL, BINDING ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.

THE PARTIES AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY, LACHES OR ESTOPPEL.

TO THE FULLEST EXTENT PERMITTED BY LAW: (I) YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO ARBITRATE A DISPUTE AS A CLASS ACTION; AND (II) YOU ALSO EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD.

THE ARBITRATION WILL BE HELD IN THE STATE OF CALIFORNIA. IF YOU INFORM AMAZENTIS THAT THIS LOCATION IS NOT CONVENIENT FOR YOU, AMAZENTIS WILL WORK WITH YOU TO DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.

DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. IN THE EVENT THAT ARBITRATION IS NOT PERMITTED BY APPLICABLE LAW: (I) THE PARTIES EXPRESSLY AGREE THAT ANY DISPUTE WILL BE BROUGHT AND HEARD SOLELY AND EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF COMPETENT JURISDICTION LOCATED IN THE STATE OF CALIFORNIA. THE PARTIES WAIVE ANY PLEA OR DEFENSE THAT SUCH COURTS ARE NOT THE APPROPRIATE VENUE OR THAT THEY ARE NOT SUBJECT TO PERSONAL JURISDICTION OF SUCH COURTS.

THE ARBITRATION WILL BE ADMINISTERED BY JAMS. YOU MAY OBTAIN A COPY OF THE RULES OF JAMS. EACH PARTY SHALL AGREE ON ONE ARBITRATOR TO CONDUCT THE ARBITRATION. IN THE EVENT THE PARTIES CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR WILL BE SELECTED IN ACCORDANCE WITH THE JAMS RULES.

IF YOU INITIATE ARBITRATION, YOUR ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH BY JAMS. REGARDLESS OF WHO INITIATES ARBITRATION, AMAZENTIS WILL PAY YOUR SHARE OF ARBITRATION FEES (NOT INCLUDING ATTORNEYS’ FEES) UP TO A MAXIMUM OF $2,500. IF THE ARBITRATOR RULES AGAINST AMAZENTIS, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, AMAZENTIS WILL REIMBURSE YOUR REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH. IN ADDITION, IF THE ARBITRATOR RULES IN AMAZENTIS’S FAVOR, IT WILL NOT SEEK REIMBURSEMENT OF ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, TO THE EXTENT EITHER PARTY IN ANY MANNER HAS VIOLATED OR THREATENED TO VIOLATE THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, THE NON-BREACHING PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE, PROVINCIAL OR FEDERAL COURT OF COMPETENT JURISDICTION.

EXCEPT AS OTHERWISE PROHIBITED BY LAW, ANY DISPUTE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ARISES.

IN THE EVENT THAT ANY PROVISION OF THE AGREEMENT TO ARBITRATE IS HELD INVALID OR UNENFORCEABLE, ALL OTHER TERMS WITHIN THE AGREEMENT TO ARBITRATE SHALL REMAIN IN FULL FORCE AND EFFECT.

Contact Us

If you have any questions or concerns about the Services or these Terms, please contact us here: care@timeline.com