PACT GO TERMS OF SERVICE
Last Revised November 26, 2018
This document embodies the Terms of Service (“Terms”) defining the agreement between PACT GO Inc. (“PACT GO” “us” or “we”) and opted in end-users (“you” or “Users” or “Client” or “Clients” “Potential Client” or “Potential Clients”) who wish to use PACT GO’s services which include PACT GO’s mobile application (“Application”) and website available at www.pactgo.com (collectively the “Site”). The Application and the Site provide Users with a technology platform to schedule in-person on demand physical therapy appointments (each, a “Session”) by physical therapists (each, a “Physical Therapist”) offering their service via the Site. The services offered by PACT GO include the Site and any other features, content, products, or services offered from time to time by PACT GO in connection with the Site (collectively, the “Services”), but you agree that the Services do not include, and that PACT GO itself does not and will not provide you directly with, any licensed professional medical services of any kind as PACT GO only connects qualified Physical Therapists with Potential Clients. These PACT GO Term set forth the legally binding terms and conditions for your use of the Site and Application. By using the Site and Application, you agree to be bound by these Terms. Sessions are currently only available in the state of New York but may be expanded to offer Physical Therapists across the United States and other territories over time. All Physical Therapists shall be required to review and acknowledge this Terms and Conditions Agreement.
BY ESTABLISHING AN ACCOUNT ON THE SITE AND/OR BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES. THE TERM “YOU” OR “USER” OR “CLIENT” OR “CLIENTS” OR “POTENTIAL CLIENT” OR “POTENTIAL CLIENTS” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, THAT ESTABLISHES AN ACCOUNT ON OR USES THIS SITE AND OR MOBILE APPLICATION.
These Terms may be revised or updated from time to time at PACT GO’s sole discretion. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in these Terms take effect upon posting and will only apply to use of the Site after that date.
Physical Therapist Terms of Service. If you are a Physical Therapist using this service to provide Sessions to Users, your use of the Site and Services is governed by a separate terms of service available at: firstname.lastname@example.org. Prior to formalizing your agreement with PACT GO, all Physical Therapist are required to sign an acknowledgement document that they have read and understand this set of TERMS for Users and that each Physical Therapist accepts their respective responsibility set forth within these Terms.
- By using the Site and Application, you represent and warrant that you are eighteen years of age or older and your use of the Site does not violate any applicable law or regulation. If you are using this Site on behalf of someone else, you represent and warrant that you have the legal authority and/or necessary authorization to do so. Only a parent or legal guardian can authorize a minor to use this Site and Application and that parent or legal guardian takes full legal responsibility for representing a minor using this Site and Application.
- User Account.
- Creating Your Account.In order to receive a Session and prior to receiving a Session, you must create a User account (an “Account”) by registering through the Site, providing us with true, accurate, and complete information as requested on the registration forms and pages (your “Registration Information”), and accepting these Terms, and agreeing to, electronically or otherwise, the Authorization for the Use and Disclosure of Health Information (the “Authorization Form”). You will promptly update all Registration Information to keep it true, accurate, and complete. Should we suspect that any Registration Information you provide is not true, accurate, or complete, we have the right to suspend or terminate your use of the Site. When you register, we will ask you to provide a user name and password. You agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. You will be responsible for any activities that occur under your Account until you terminate your Account in accordance with these Terms. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure. You will not: (a) create an Account for anyone other than yourself who you are not legally authorized to do so; (b) create or use more than one Account for the same person at any given time; (c) transfer your Account to anyone else; (d) permit anyone else to use your Account; or (e) use or access any other person’s Account.
- Account Use Restrictions.The Site is for the personal use of Users only and Users may not use their account in connection with any commercial endeavors. You represent and warrant that you will use the Site solely for your own personal benefit or the benefit of someone you are legally authorized to act for and that you will not resell or distribute the Site. You will not use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without that User’s prior explicit consent. You will not: (i) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site; (ii) introduce software or automated agents to the Site so as to produce multiple Accounts, generate automated messages, or to strip or mine data from the Site; (iii) reverse engineer the Site or assist another in the same; or (iv) engage in any fraudulent, illegal, or unauthorized use of the Site. You will not attempt to impersonate another User or person, including, without limitation, any employee of PACT GO. At all times, you will use the Site in a manner consistent with any and all applicable laws and regulations.
- Ordering Services.Prior to receiving a Session, you must agree to the Authorization Form, and each time you order a Session you must provide payment for the Session as described in these Terms. To order a Session, you must be at least 18 years of age or if you are under 18 years of age, you must provide authority from your parent or legal guardian. On a first visit, a Physical Therapist will be selected for you based on his/her proximity and/or availability to you. You will receive confirmation by e-mail, push notification, or text message indicating that your order has been placed and the Physical Therapist has accepted the Session order. On subsequent visits you may select a Physical Therapist you have previously seen or request a new Physical Therapist. All follow-up visits with a Physical Therapist must be scheduled via the Site. You many not schedule a visit with a PACT GO Physical Therapist outside of the Site or Application.
- Compliance with Terms.PACT GO will determine User’s compliance with these Terms in our sole discretion and our decision shall be final and binding. Any violation of these Terms may result in restrictions on User’s access to and use of all or part of the Site and may be referred to law enforcement authorities. We may cancel, suspend or block your use of the Site and/or registration at any time, without cause. We may terminate and/or suspend your registration immediately, if there has been a violation of these Terms and such other policies and terms posted on the Site. Your right to use the Site will end once your registration is terminated, and any data you have stored on the Site may be unavailable later, unless we are required to retain it by law. You may terminate your registration at any time. We recommend that you transfer any information stored on the Site prior to terminating registration. We are not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE.
- These Terms shall remain in full force and effect while you use the Site or have an Account. You may delete your Account at any time, for any reason by updating the information in your profile. PACT GO may terminate your Account for any reason, effective upon sending written notice to you at the then-current e-mail address in your Registration Information.
- Fees and Payment.
- Payment Terms.At the time you order any Session, you will be required to give us a valid credit card number, issued by an issuer accepted by us, together with any other payment information we request. Your credit card issuer terms govern your use of your designated payment method, and you must refer to those terms and not these Terms to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before PACT GO invoices the designated payment method for all amounts due and payable. You agree to pay all such fees and charges incurred in connection with your use of the Site in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You agree to provide PACT GO with complete and accurate billing and contact information. If the contact information you have provided is false or fraudulent, PACT GO may terminate your access to the Site in addition to any other legal remedies. PACT GO reserves the right, at any time, to change its prices and billing methods for Sessions and other products and services sold, either immediately upon posting on the Site, or by e-mail delivery to you.
- Distinct Fees.You acknowledge that the fees and charges incurred in connection with your use of the Site and your order of any Session include, even if billed collectively, two distinct fees: 1) an administrative fee for PACT GO’s Services and 2) a professional fee for Physical Therapists’ services associated with the Session. The Physical Therapist will not charge any additional fees beyond the Session fee during your visit. You further acknowledge that although these fees may be collected at one time, PACT GO does not share in the professional fees collected for any Physical Therapist’s services and derives its sole payment from you in the form of the administrative fee. PACT GO will identify to you the respective portions of your payment for fees and charges that are for PACT GO’s administrative fees and for Physical Therapists’ professional fees you’re your written request.
- Order acceptance policy.Your receipt of an electronic order confirmation merely confirms our receipt of your order and does not signify PACT GO’s acceptance of your order. Your order will be deemed accepted when your assigned Physical Therapist provides you with your Session. In the event that your assigned Physical Therapist cannot provide you with a Session for any reason, PACT GO reserves the right at any time after receipt of your order to decline your order. In the event that PACT GO declines your order, PACT GO will return your payment using the same payment method designated by you on your order.
- Order cancellation policy.After booking a Session, a hold will be placed for the Session fee on your chosen payment option. Your payment option will not be charged for the Session fee until 1 hour prior your scheduled Session is set to begin. You may cancel your Session without charge up to 1 hour prior to the scheduled Session time. If you cancel your Session within 1 hour prior to the scheduled Session time, you will owe and be charged cancellation fees totaling $50. This amount is comprised of an administrative cancellation fee which will be retained by PACT GO and a professional cancellation fee which will be retained by the Physical Therapist that was scheduled to provide the Session.
- Content and Proprietary Rights.
Your Content. For purposes of these Terms, “Content” means any and all postings, messages, text, files, images, photos, video, works of authorship, or other material. PACT GO does not claim ownership in any Content that you originate and publish, display, submit, upload or otherwise transfer to the Service, including Content that you submit using the Site in connection with any Session. You hereby grant to PACT GO a non-exclusive, worldwide, irrevocable, perpetual, fully-paid and royalty free, transferable license (with the right to sublicense through unlimited levels of sub-licensees) to reproduce, modify, publicly display, publicly perform, prepare derivative works of, transmit, and distribute Content for the purpose of (a) providing you with the Site and (b) creating, using, and disclosing de-identified and/or aggregated data from Your Content. You represent and warrant that: (i) you own or otherwise have the right to grant the license set forth in this section for the Content that you post on the Service and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity. You are solely responsible for any and all Content that is posted by or through your Account on any Service.
- User Guidelines.PACT GO reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion for any violation of this provision or these Terms or any conduct that is offensive, illegal, or violates the rights of, harms, or threatens the safety of, other Users or third parties, including removing such content from the Site, notifying the appropriate authorities, barring violators from accessing the Site, and terminating the Accounts of such violators. Without limiting the foregoing, you agree that you will not post any Prohibited Content. “Prohibited Content” includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by PACT GO, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xi) violates any applicable law, including, but not limited to export laws; or (xii) otherwise violates these Terms or creates liability for PACT GO.
- PACT GO Content.The Site contains Content owned and/or developed by or on behalf of PACT GO and its licensors (“PACT GO Content”). PACT GO and its licensors own and retain all proprietary rights in the PACT GO Content and the Site. You shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the PACT GO Content. PACT GO hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display the PACT GO Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Services.
- The Site is a Venue.The Site is a venue designed to connect Physical Therapists with Users looking for physical therapy services. PACT GO does not provide or arrange for and specific qualitative physical therapy services. PACT GO does not participate in the interaction between Physical Therapists and Users except to charge Users fees that include administrative fees for PACT GO’s Services and professional fees for Physical Therapist’s services associated with Sessions, but PACT GO does not share in the professional fees collected for any Physical Therapist’s services and derives its sole payment from you in the form of administrative fees. Any disputes related to any physical therapy services received by Users or payment due to any Physical Therapist will be resolved by PACT GO dispute policies and practices, as described in these Terms. PACT GO has complete discretion to refund some or all of the administrative fee and professional fee associated with your Session. You understand and agree that PACT GO has no control over and is not responsible for the acts or omissions of any Users or Physical Therapists on or off the Site. PACT GO does not provide any diagnosis or treatment itself. Nothing provided by PACT GO shall be construed as the practice of medicine or providing medical services. You also understand and agree that PACT GO makes no representation or warranty regarding the quality of any services provided by any Physical Therapist. PACT GO is not responsible for the accuracy or reliability of any information provided, on or off the Site, by any Physical Therapist or any User.
All information, materials, content and/or advice on the Site or provided through the Site is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. PACT GO expressly disclaims, and you expressly release PACT GO from, any and all liability of any kind whatsoever concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.
USER EXPRESSLY ACKNOWLEDGE BY ACCEPTING THESE TERMS HE OR SHE EXPRESSLY WAIVES ALL CLAIM, ASSERTION OF LIABILITY, POTENTIAL CLAIM, OR LEGAL ACTION AGAINST PACT GO FOR ANY ACTION OR INACTION TAKEN BY A PHYSICAL THERAPIST. USER AGREES THAT PACT GO HAS EXPRESSLY NO LIABILITY WHATSOEVER RELATED TO ANY ACTION OR INACTION TAKEN BY A PHYSICAL THERAPIST. PACT GO EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE PACT GO FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF PHYSICAL THERAPIST AND/OR USERS ON OR OFF THE SITE OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY SERVICES BY ANY PHYSICAL THERAPIST.IF YOU CHOOSE TO BE CONNECTED WITH A PHYSICAL THERAPIST, AN ELECTRONIC SERVICE REQUEST NOTIFICATION WILL BE SENT TO A PHYSICAL THERAPIST. IF A PHYSICAL THERAPIST ACCEPTS, AN IN-PERSON MEETING BETWEEN YOU AND A PHYSICAL THERAPIST, AT A LOCATION OF YOUR CHOOSING MAY OCCUR. THE SITE IS EXCLUSIVELY FOR ACCOUNT MANAGEMENT AND TO PROVIDE YOU WITH INFORMATION REGARDING A PHYSICAL THERAPIST THAT PROVIDES SERVICE IN YOUR AREA. NO MEDICAL CARE OR ADVICE SHALL BE PROVIDED DIRECTLY TO YOU FROM OUR SITE. BY USING THE SITE OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT PACT GO IS NOT A PROVIDER NOR ARE PACT GO SCHEDULERS MEDICALLY TRAINED PERSONNEL.
DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, PLEASE CALL 911.
- Copyright Policy.Upon prompt notification to PACT GO by a copyright owner or a copyright owner’s legal agent, it is PACT GO’s policy to terminate the Account of any User who repeatedly infringes third party copyright rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent (using the contact information listed below) with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for PACT GO’s Copyright Agent for notice of claims of copyright infringement is as follows:
PACT GO, Inc
Attn: Copyright Agent.
PACT GO, Inc.
133 E 55th Street, Floor 2
New York, NY 10022
- Third Parties and Other Users and Physical Therapists.
- Third Party Content.Content from other persons (including any Users and Physical Therapists), advertisers, and other third parties may be made available to you through the Site. Because PACT GO does not control such Content, you agree that PACT GO is not responsible for any such Content, including advertising and information about third party products or services. Because PACT GO does not have control over such Content, PACT GO makes no guarantees about the accuracy, currency, suitability, or quality of such Content, and PACT GO assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other persons (including any Users), advertisers, and third parties.
- Your interactions with other persons (including any Users and Physical Therapists) or third parties using the Site, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or third party. You agree that PACT GO will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of your personally identifiable information.
- No Warranty.TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SITE IS PROVIDED “AS-IS” AND AS AVAILABLE, (B) PACT GO EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation on Liability.TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, PACT GO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF PACT GO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PACT GO’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100), OR THE AMOUNTS YOU PAID TO PACT GO IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE PACT GO’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF PACT GO OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- You hereby release PACT GO, its officers, employees, agents, attorneys and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interaction with any other User and/or with any Physical Therapist.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- You agree to defend, indemnify, and hold PACT GO, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site in violation of these Terms and/or arising from your breach of any provision of these Terms.
- Electronic communications.Communication between you and PACT GO will be affected through electronic means, including, without limitation, through the Site, e-mails, and/or SMS. For contractual purposes, you (a) consent to receive communications from PACT GO in an electronic form; and (b) agree that all terms and conditions, Terms, notices, disclosures, and other communications that PACT GO provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
- You agree that any claim, dispute, or controversy you may have against PACT GO arising out of, relating to, or connected in any way with these Terms, the Site or the Service, including any question regarding its existence, validity, or termination, as well as any challenge to the tribunal’s jurisdiction, shall be resolved by means of binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (except where those Rules conflict with provisions in these Terms, in which case these Terms shall govern). The arbitration hearing shall take place in New York, New York before a single arbitrator. The seat of the arbitration shall be New York. The arbitrator will, in rendering its decision, apply the substantive law of the State of New York, without giving effect to conflict of law provisions that may require the application of the laws of another jurisdiction. The decision and award rendered by the arbitrator will be final and non-appealable (except for an alleged act of corruption or fraud on the part of the arbitrator). The arbitrator shall be a practicing attorney or retired judge with at least fifteen years total working experience as such. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding the foregoing, either party may immediately bring a proceeding seeking preliminary injunctive relief in a court having jurisdiction thereof which lies within the territorial boundaries of the state of New York.
The arbitrator shall issue a reasoned decision, which shall include findings of facts and conclusions of law.
The arbitrator shall require exchange by the parties of (i) the name and, if known, address and telephone number of each person likely to have knowledge of relevant information, identifying the subjects of the information, and (ii) non-privileged documents, including those in electronic form, that are relevant to the issues raised by any claim, defense or counterclaim or on which the producing party may rely in support of or in opposition to any claim, defense or counterclaim. The arbitrator shall limit such production based on considerations of unreasonable expense, duplication and undue burden. These exchanges shall occur no later than a specified date within 60 days following the appointment of the arbitrator.
At the request of a party, the arbitrator may at his or her discretion order the deposition of witnesses. Depositions shall be limited to a maximum of three depositions per party. Each deposition shall be a maximum of four hours in duration, unless the arbitrator otherwise determines. The arbitrator may allow such other discovery as he or she determines is reasonably necessary for a fair determination of the dispute; however, no party shall be directed to produce in excess of 5,000 pages of documents or produce more than five witnesses for depositions. In addition, notwithstanding the foregoing sentence, no interrogatories, requests for admission, or written depositions shall be allowed by the arbitrator, except that each party may serve five interrogatories within 90 days following the appointment of the arbitrator. These interrogatories may ask a party about their contentions and bases for their claims or defenses. Any dispute or objections regarding discovery or the relevance of evidence shall be determined by the arbitrator, and shall generally be in accordance with New York law. All discovery shall be completed within 120 days following the appointment of the arbitrator, unless the arbitrator otherwise determines.
No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation under the law of the state of New York or a shorter statute borrowed by New York under CPLR 202. Notwithstanding the foregoing, all claims shall be barred after two years from the occurrence of the event or events giving rise to the controversy, claim, dispute or breach.
You may bring claims against PACT GO in your individual capacity only, and not by way of any purported class, collective, or representative actions or arbitrations. Individual arbitrations may not be combined without consent of all parties.
The arbitrator is not authorized to award punitive, special, exemplary, incidental or consequential damages, or other damages not measured by the prevailing party’s actual damages. An award of damages shall include pre-award interest at the rate of 4 percent from the time of the act or acts giving rise to the award. Each party shall bear its own costs, fees and expenses of arbitration.
The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
- Governing Law.These Terms shall be governed by and interpreted by and under the laws of the State of New York, without giving effect to any conflict of laws principles that may provide the Site of the law of another jurisdiction. You and PACT GO agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in New York, New York and the federal courts located in the Southern District of New York in such legal action or proceeding. Notwithstanding the foregoing, PACT GO may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
- These Terms constitutes the entire Terms between you and PACT GO regarding the use of the Site. If any provision of these Terms is, for any reason, found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of PACT GO to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding these Terms at PACT GO Customer Service: 133 E 55th Street, Floor 2. New York, NY 10022, or at email@example.com.
- Copyright/Trademark Information.You acknowledge and agree that, as between PACT GO and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by PACT GO or its licensors and are protected by United States intellectual property laws and other applicable laws.
All content included in the Site, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of PACT GO or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site; using the Site as a resource; or using the Site for personal information. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Site, is strictly prohibited.
The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to PACT GO. Unauthorized use of any trademark of PACT GO may be a violation of trademark laws. Any third party names or trademarks referenced in the Site do not constitute or imply affiliation, endorsement or recommendation by PACT GO or of PACT GO by the third parties.