Parallel Terms of Service
Last updated: April 12, 2021
1. TERMS AND CONDITIONS AND DISCLAIMERS.
1.1 SITE AND SERVICES. The website located at [tx.goodblend.com], is a copyrighted work belonging to Surterra Texas, LLC, a Texas limited liability company, or its direct or indirect affiliates, subsidiaries, parent company, or other related companies (collectively, “Parallel,” “us,” “our,” and/or “we”). Parallel provides websites (each, a “Site” and collectively, the “Sites”) and/or software applications that host content related to cannabis varieties and related products which include reviews and ratings provided by its users, information on our cannabis dispensaries, medical providers, and other cannabis-related content (collectively, with all other services provided through the Sites, the “Services”). Certain features of the Sites or Services may be subject to additional guidelines, terms, or rules, which will be posted on the Sites or Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement (as defend below). References to “you” and “your” refer to you, a user of our Site(s) and/or Services.
1.2 LEGALLY BINDING TERMS. THESE TERMS OF SERVICE (“AGREEMENT”) SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE(S) AND SERVICES. BY ACCESSING OR USING THE SITE(S) OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE(S) OR SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE(S) OR SERVICES. IF YOU ARE USING THE SITE(S) OR SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PARALLEL ON AN INDIVIDUAL BASIS, NOT AS A CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
1.3 NO MEDICAL ADVICE. PARALLEL DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF PARALLEL’S SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND PARALLEL-GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, AND OTHER DATA). THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA PARALLEL’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, SERVICES, OR ON PARALLEL’S SOCIAL MEDIA PAGES AND CHANNELS.
1.4 ACKNOWLEDGEMENT OF STATE LAW. You expressly acknowledge that Parallel is for residents of states with laws regulating use of cannabis only and that cannabis consumers and patients (as applicable) are established pursuant to their respective State laws. You will not engage in interstate transportation of Parallel products. Additionally, you will not use the Site or any of the Services in any way that is illegal or prohibited by law.
1.5 OTHER DISCLAIMERS. THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY ELSEWHERE IN THIS AGREEMENT.
2. Eligibility and Accounts.
2.1 Eligibility. In order to use the Site(s) and/or Services, you must be 21 years of age (unless a lesser age is permitted by your applicable State law), be a citizen of the United States of America, and, for patients obtaining medicinal cannabis, must be a qualified medical marijuana patient.
2.2 Account Creation. In order to use certain features of the Site (e.g., to use the Services), you must register for an account with Parallel (“Parallel Account”) and provide certain information about yourself as prompted by the applicable Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times. You may not create more than one Parallel Account. Parallel may suspend or terminate your Parallel Account in accordance with Sections 6.5 and 11.
2.3 Account Deletion. You may delete your Parallel Account at any time, for any reason, by sending an email to email@example.com, which includes your Parallel Account username and your request to delete your account.
2.4 Account Responsibilities. You are responsible for maintaining the confidentiality of your Parallel Account login information and are fully responsible for all activities that occur under your Parallel Account. You agree to immediately notify Parallel of any unauthorized use, or suspected unauthorized use, of your Parallel Account or any other breach of security. Parallel cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. SITE AND MOBILE APP
3.1 License. Subject to the terms of this Agreement, Parallel grants you a non-transferable, revocable, non-exclusive license to use the Site(s) and Services for your personal, noncommercial use. Subject to the terms of this Agreement, Parallel grants you a non-transferable, revocable, non-exclusive license to install and use the software Parallel makes available for mobile devices (“Mobile App”), in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. As used in this Agreement, the term “Services” includes the Mobile App.
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site(s) or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site(s)or Services; (c) you shall not access the Site(s)or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site(s)or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site(s)or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site(s) or Services content must be retained on all copies thereof.
3.3 Modification. Parallel reserves the right, at any time, to modify, suspend, or discontinue the Site(s) or Services or any part thereof with or without notice. You agree that Parallel will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site(s) or Services or any part thereof.
3.4 Ownership. The Sites and Services and all text, graphics, images, logos, icons, programs, software, data, content, information, reports and materials made available to you in connection with your use of the Sites and Services, whether tangible and intangible in any form and on or in any media, and all intellectual property rights in and to the same (hereinafter the “Intellectual Property”), are proprietary to us or are owned by us or our licensors or suppliers. You may not use the Intellectual Property, except as specifically permitted under this Agreement. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works from, reverse engineer or distribute the Intellectual Property in any way unless specifically directed to do so by us. Any and all rights not expressly granted by this Agreement or specifically provided in the Intellectual Property, whether existing now or arising in the future, are hereby expressly reserved by us. We reserve the unconditional right (but not the obligation) to remove, move or edit any information, data, text, graphics, content or other materials which we consider to be in violation of any of the terms of this Agreement.
3.5 App Platforms. You acknowledge and agree that the availability of the Mobile App is dependent on the third-party app platform from which you received the Mobile App, e.g., the Apple App Store® or the Google Play® Store (“App Platform”). You acknowledge that this Agreement is between you and Parallel and not with the App Platform. Parallel, not the App Platform, is solely responsible for the Mobile App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Platform in connection with the Mobile App. Each App Platform may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms, and conditions of use/service, and other policies of the applicable App Platform. You acknowledge that the App Platform (and its subsidiaries) is a third-party beneficiary of this Agreement and will have the right to enforce this Agreement. See Accessing and Downloading the Application from Apple® in Section 14.4 below for additional terms and conditions if you access or download the Mobile App from the Apple App Store.
3.6 Third Party Sites. The Site(s) or Service(s) may contain references or links to other web sites, web pages, materials, applications, information and resources (“Third Party Sites, Services, and Content” or “Third Party Sites, Services, or Content” as the context requires). We are not responsible for and have no control over the Third Party Sites, Services, and Content. Furthermore, you understand, acknowledge and agree that we are not endorsing or otherwise responsible for or associated with any Third Party Sites, Services, and Content and unless we specifically and explicitly tell you otherwise in writing, you should not assume or rely upon any information or content as having originated with or been approved by us or even that we are aware of the specific content, information, features or capabilities available in connection with such Third Party Sites, Services, or Content. We are not responsible or liable, in any manner whatsoever, for, in connection with, or as a consequence of your use of any Third Party Sites, Services, and Content, even if we are advised of the possibility that damages may result. For the avoidance of doubt, any payment methodology or payment mechanism accepted by us shall be deemed a Third Party Site, Service, or Content which shall be governed by your relationship with such third party and for which we disclaim liability.
4.1 Text Messaging. By using the Services or Software, you agree that Parallel and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. Messages from Parallel, its affiliated companies and necessary third-party service providers, may include but are not limited to: operational communications concerning your Parallel Account or use of the Services, updates concerning new and existing features on Parallel, communications concerning promotions run by us or our third-party partners, and news concerning Parallel and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of any purchase or service offered by Parallel. If you change or deactivate the phone number you provided to Parallel, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems.
4.2 Opt-Out. You may opt out of receiving promotional text messages from Parallel at any time by replying STOP to a promotional text message from Parallel. You may opt-out of receiving all text messages from Parallel at any time by deleting your account or by replying STOP to any text message from Parallel. NOTE: if you opt-out of receiving all text messages from Parallel, you will not be able to use certain Services without agreeing to receive operational text messages. You may continue to receive text messages for a short period while Parallel processes your request, and you may also receive text messages confirming the receipt of your opt-out request.
4.3 Opting Back In. You may opt back into receiving text messages from Parallel at any time by replying START to a text message from Parallel.
4.4 Push Notifications. When you install our Mobile App on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the Mobile App is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
4.5 Email. You agree that 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 a promotional email (or adjusting your account settings to the extent available in your account settings).
4.6 Telemarketing Lists. To the extent we are permitted by applicable laws, rules, or regulations to contact you by phone, you may request to be suppressed from our telemarketing lists by contacting us directly as provided below. As a general matter, if you wish to decrease the amount of unsolicited telemarketing calls that you receive, you should register with the Federal Trade Commission’s National Do Not Call Registry. The federal government’s Do Not Call (DNC) Registry allows you to permanently restrict telemarketing calls by registering your phone number at donotcall.gov or by calling 1-888-382-1222.
4.7 Non-Promotional Communication. If you opt-out of receiving marketing/promotional emails and/or text messages, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.
5. USER CONTENT
5.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site(s) or Services, including, without limitation, content in the user’s profile, user reviews and/or postings. You acknowledge and agree that Parallel is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Parallel does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content.
5.2 User Content Restrictions. You agree not to use the Site(s), Services, or any of Parallel’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party; (d) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Services; or (e) is not reasonably related and in furtherance of the purposes and terms and conditions upon which your use of the Services is governed and authorized.
5.3 User Content Responsibilities. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Parallel. You acknowledge and agree that Parallel is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Parallel does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. Because you alone are responsible for your User Content (and not Parallel), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. Parallel is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content, if you desire.
5.4 License. You hereby grant, and you represent and warrant that you have the right to grant, to Parallel an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site(s)and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
5.5 Feedback. If you provide Parallel any feedback or suggestions regarding the Site(s) or Services (“Feedback”), you hereby assign to Parallel all rights in the Feedback and agree that Parallel shall have the right to use such Feedback and related information in any manner it deems appropriate. Parallel will treat any Feedback you provide to Parallel as non-confidential and non-proprietary. You agree that you will not submit to Parallel any information or ideas that you consider to be confidential or proprietary.
6. ACCEPTABLE USE POLICY.
The following sets forth Parallel’s “Acceptable Use Policy”:
6.1 Reviews. You must have a valid account and email address to leave a review on Parallel. Prior to posting a review, you will need to verify your email address associated with your Parallel account. You agree not to post reviews on the Site(s), Services, or any of Parallel’s social media pages or channels that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users on the Site with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Site, Services, or any of Parallel’s social media pages or channels must not: (a) be written exclusively in capital letters; (b) be plagiarized; (c) contain spam, advertisements, and/or links to external websites; (d) contain disparaging information about Parallel, its employees, or any other person, (e) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with Parallel, (f) contain references to Parallel or its competitors other than the product being reviewed, or (g) contain unrelated personal grievances. If you are an owner, volunteer, or employee of a competitor dispensary you may not post reviews about your dispensary or products or about such competitors’ dispensary or products.
6.2 Photos. Image files must exclusively feature the products they illustrate and must not include body parts, messy or cluttered backgrounds, product wrapping, currency, paraphernalia, brand names, or other any objects other than the product itself. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 6.
6.3 Technological Restrictions. In addition, you agree not to use the Site(s) or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system, data or the Site (including any information, content, materials, features or functions thereof); (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or Parallel or gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site(s) or Services.
6.4 Use of the Services. You also may not use or allow, enable or facilitate others to use the Services you may obtain, in any manner that actually does or attempts to: (a) disrupt, impair or interfere with, alter or modify the Site(s) (including any information, content, materials, features or functions thereof), or the use of the Site(s) by others; (b) act in a way that affects or reflects negatively on us, the Services or anyone else; or (c) collect or attempt to collect any information of another party, including without limitation personally identifiable information, without that party’s express prior consent. You agree to comply with all local, state, and federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to this Agreement, the performance of your obligations and your use of the Services.
6.5 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Parallel Account in accordance with Section 11, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
You agree to indemnify and hold Parallel (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including attorneys’ fees) arising from or relating to any claim, investigation, suit, cause of action, proceeding, or demand due to or arising out of (i) your use or misuse of the Site(s) or Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. Parallel reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Parallel. Parallel will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. OTHER USERS
Each user of the Site(s) or Services is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and we assume no responsibility for any User Content. Your interactions with other users of Site(s) or Services are solely between you and such user. You agree that Parallel will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user of the Site(s) or Services, we are under no obligation to become involved.
THE SITE(S) AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE(S) OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARALLEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE(S) OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE(S) AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PARALLEL’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID PARALLEL IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
11. TERM AND TERMINATION.
Subject to this Section 11, this Agreement will remain in full force and effect while you use the Site(s) or Services. We may (a) suspend your rights to use the Site(s) and/or Services (including your Parallel Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site(s) or Services in violation of this Agreement. Upon termination of this Agreement, your Parallel Account and right to access and use the Site(s) and Services will terminate immediately. You understand that any termination of your Parallel Account involves deletion of your User Content associated therewith from our Site(s), Services, and live databases. Parallel will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Parallel Account or deletion of your User Content. Sections 7, 8, 9,10, 13 and 14 of this Agreement will survive termination.
12. COPYRIGHT POLICY.
Parallel respects the intellectual property of others and asks that users of our Site(s) and Services do the same. In connection with our Site(s) and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site(s) and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of the Site(s) or Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
12.1 Your physical or electronic signature;
12.2 Identification of the copyrighted work(s) that you claim to have been infringed;
12.3 Identification of the material on our Site(s) or Services that you claim is infringing and that you request us to remove;
12.4 Sufficient information to permit us to locate such material;
12.5 Your address, telephone number, and e-mail address;
12.6 A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
12.7 A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The Designated Copyright Agent for Parallel can be reached by emailing firstname.lastname@example.org or by sending physical mail to 55 Ivan Allen Jr. Blvd. NW, Suite 900, Atlanta, GA 30308, Attn: Legal Department.
13. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.
13.1 Arbitration. Except for disputes brought in small claims court, all disputes between you and Parallel arising out of, relating to or in connection with the Site(s) or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND PARALLEL AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if Parallel makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to Parallel. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If the arbitration in this Section 13 provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Travis County, Texas. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of the State of Texas without regard to conflict of law provisions.
13.2 Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to the address identified in Section 14.6 below.
13.3 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
13.4 Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided in Section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
14.1 No Support or Maintenance. You acknowledge and agree that Parallel will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
14.3 Trademark Information. You acknowledge and agree that You are not permitted to use Parallel’s trademarks or any third-party marks displayed on the Site without prior written consent from Parallel or the owners of such third-party marks.
14.4 Accessing and Downloading the Application from Apple. The following additional terms apply to any Mobile App accessed through or downloaded from the iTunes® or the App Store® (“App Store Sourced Mobile App”):
(a) You acknowledge and agree that (i) this Agreement is concluded between you and Parallel only, and not Apple, and (ii) that Parallel, not Apple, is solely responsible for the App Store Sourced Mobile App and content thereof. The license granted to you in the Agreement to use the App Store Sourced Mobile App and Service is a non-transferable right to use the App Store Sourced Mobile App on any Apple Device that you own or control, and only as permitted by the Usage Rules set forth in the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Mobile App.
(c) In the event of any failure of the App Store Sourced Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Mobile App. As between Parallel and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Parallel.
(d) You and Parallel acknowledge that, as between Parallel and Apple, Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App Store Sourced Mobile App or your possession and use of the App Store Sourced Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and Parallel acknowledge that, in the event of any third-party claim that the App Store Sourced Mobile App or your possession and use of that App Store Sourced Mobile App infringes that third-party’s intellectual property rights, as between Parallel and Apple, Parallel, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
(f) You and Parallel acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Mobile App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Mobile App against you as a third-party beneficiary thereof.
(g) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Mobile App.
14.5 Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Site(s) and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Parallel of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Parallel. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Parallel’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Parallel shall be entitled to assign this Agreement at any time with or without notice to you and without your prior written consent. The terms of this Agreement shall be binding upon assignees.
14.7 Parallel Contact Information:
Please direct any comments or questions that you may have regarding these Terms and Conditions to: 55 Ivan Allen Jr. Blvd. NW, Suite 900, Atlanta, GA, 30308 or firstname.lastname@example.org, Attn: Legal Department.