US Users:You agree that any dispute or claim arising out of your use of the Services, including any dispute or claim as to the application, enforceability, scope, or interpretation of these Terms or this agreement to arbitrate, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms.
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 these Terms.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Comprehensive Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration will take place by phone or videoconference, unless an in-person hearing is requested by either party. In that case, the hearing will take place in the state where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.Disputes may also be referred to another arbitration organization if you and Wisdo agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
YOU AND WISDO EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, GROUP, COLLECTIVE OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND WISDO EACH WAIVE ANY RIGHT TO A JURY TRIAL. YOU AND WISDO ALSO BOTH AGREE THAT NOTWITHSTANDING OUR AGREEMENT TO ONLY ARBITRATE DISPUTES AS STATED ABOVE, YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in New York City, New York, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and Wisdo agree that if for any reason a dispute proceeds in court rather than arbitration: (1) you and Wisdo waive any right to a jury trial; (2) the dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Wisdo may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
This agreement to arbitrate will not preclude you or Wisdo from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Wisdo from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of Wisdo’s intellectual property rights.
Thirty-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address:
legal@wisdo.com. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes according to these Terms. If you opt out of these arbitration provisions, Wisdo also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Wisdo may terminate your use of the Services.
These Terms are governed by the laws of the State of Delaware, without regard to any conflict of laws, rules or principles.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WISDO MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. WISDO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS'' WITHOUT WARRANTY OR CONDITION OF ANY KIND.
Non-US Users:
The Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or their subject matter or formation or the use of the Services shall be governed by and construed in accordance with the laws of England and Wales, subject only to mandatory provisions of consumer law in the country in which you reside.
You agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Services, the Terms or their subject matter or formation. Alternatively, if you are located in the EU you may raise the dispute with an alternative dispute resolution body via the
EU Commission's Online Dispute Resolution Body.