GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH THE MOBILE APP ORGANICFIT, AVAILABLE ON THE APPLE APP STORE AND GOOGLE PLAY
Thank you for using OrganicFit. These General Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the OrganicFit Mobile Application, available through the iOS App Store and Google Play (the "Mobile App" or “OrganicFit”), including but not limited to delivery of information via the Mobile App.
By accessing or using the Mobile App, you are agreeing to these Terms and concluding a legally binding contract with Organic Apps Inc., a company incorporated and existing under the laws of the State of Delaware ("Organic Apps Inc."). Do not access or use the Mobile App if you are unwilling or unable to be bound by the Terms.
You can accept the Terms by:
Organic Apps Inc. is a commercial company, providing the Services offered through the Mobile App.
"We", "us" or "Organic Apps Inc." refers to Organic Apps Inc.
OrganicFit is a mobile based Internet platform, owned by Organic Apps Inc., a company incorporated and existing under the laws of the State of Delaware, registered under file number 6231120, having its seat and registered office at 341 Raven Circle Wyoming, Delaware 19934, which enables users to use the Services of the Mobile App, which are the subject of these Terms of Service.
"User" or "you" or "your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, uploading information or viewing pictures and includes other persons jointly participating in using the Services, including without limitation a user having access to paid services.
"Services" include any and all services, which Organic Apps Inc. may offer to the User, through the Mobile App.
"User Account" is a separate part of the Mobile App, containing User information required by OrganicFit during registration. The User Account is accessed by the User through entering an email or a phone number and a password.
"Content" will include (but is not limited to) images, photos, audio, video, location data, 'nearby places', and all other forms of information or data.
"Your Content" or "User Content" is the content, submitted by you, as a User of the Mobile App. It includes, but is not limited to what you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, User Account information, and any other materials that you publicly display or are displayed in your User Account profile.
"OrganicFit Content" means content that OrganicFit creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Your Content and third party content. "Third Party Content" means content that comes from parties other than OrganicFit or its Users and is available in or through the Services.
You hereby represent and warrant that you are at least sixteen (16) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.
You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties. The Company reserves the right to suspend or terminate your use of Service, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
The Mobile App may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create a User Account and provide certain information about yourself in order to use (some of) the Services that are offered through Mobile App. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account. We reserve the right to close your User Account at any time for any or no reason.
By creating a User Account, you agree to receive certain communications in connection with the Mobile App.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
OrganicFit may amend, change or update these Terms of Service, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms.
OrganicFit may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with OrganicFit. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.
You are responsible for the content you publish. You assume all risks associated with the content you publish, including anyone's reliance on its quality, accuracy, or reliability, disclosure or truthfulness of information. You represent that you are competent to publish content. You may not imply that the content published is in any way motivated, sponsored or endorsed by OrganicFit.
You may expose yourself to liability if, for example, the content you publish contains material that is false, intentionally misleading, or defamatory; 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; contains material that is unlawful, including hate speech or pornography; harms minors; or violates or advocates the violation of any law or other legal regulation.
If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had using the Mobile App and its Services; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to post a review that was not a fair expression of your honest opinion.
By submitting Your Content you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use and perform all or any portion of Your Content in connection with our provision of the Services and our (and our successors') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. This includes the right to sub-license and transfer.
By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works.
You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, any claims and assertions of moral rights with respect to Your Content brought against us, any third party services and our and their users.
As between you and OrganicFit, you own Your Content. We own the OrganicFit Content, including, among others, visual interfaces, interactive features, graphics, design, compilations, including (but not limited to) our database of user content and other Mobile App Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Mobile App, excluding User Content and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the OrganicFit Content and the Mobile App. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the OrganicFit Content, in whole or in part, except as expressly authorized by us.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to Your Content and/or violation of these Terms of Service (e.g., violations of criminal laws) is: Andrew Goldman / e-mail: [email protected] For clarity, only DMCA notices and notices relating to complaints in connection with Your Content or violations of these Terms of Service should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified on the Services.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including reviews) or engage in any activity that, in our sole discretion:
When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of Organic Apps Inc., and this action should be considered as if it was included in this clause.
The Services may contain, or you may be sent through the Mobile App to, links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other Content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by Organic Apps Inc. and Organic Apps Inc. is not responsible for any Third Party Websites accessed through Mobile App or any Third Party Content posted on, available through or installed from the Mobile App. You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at your own risk.
The Services may be supported by advertising revenue and may display advertisements and promotions.
Parts of the Mobile App may contain such advertising information or promotional material or other material submitted to Organic Apps Inc. by third parties. Responsibility for ensuring that material submitted for inclusion on the Mobile App complies with the applicable international and national laws is on the party providing the information/material. Your correspondence or business dealings with, as well as the participation in promotions of, advertisers other than Organic Apps Inc., found on or through the Mobile App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Organic Apps Inc. will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Mobile App.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against OrganicFit and its users, any claims and assertions of any moral rights contained in such Feedback.
The app itself is free to download. However, some features of the Services may only be accessed and used upon the payment of applicable fees (“Fees”). Fees may vary depending on usage in accordance with our current pricing policy. If you did not initially register for a version of the Service that requires payment of a fee, you will nevertheless be allowed to use all of the Service's functions for a certain period of time set by the developer ("Free Trial Period"). Upon the expiration of the Free Trial Period, you will only be able to access and use those features of the Service the use of which does not require the payment of a Fee, unless you subsequently upgrade to a paid version of the Service.
Payment of Fees is done exclusively via the Apple iTunes Store, App Store, and iBooks Store interface.
If the issuer of your payment card refuses to authorise payment to Organic Apps Inc., we will not be able to process your subscription request or order and a message will appear informing you that the transaction cannot be processed. Organic Apps Inc., together with its business partners, takes all reasonable care to ensure that its payment system is secure. All payment card transactions made through the Mobile App are processed using a secure online payment gateway (Secure Socket Layer (SSL) technology) that encrypts your card details in a secure hosting environment. We do not hold your payment card details on the Organic Apps Inc. server.
Fees are payable in the User’s local currency or depending on the settings in the Apple iOS Store or Google Play. You hereby authorize us to charge your credit card for such amounts on a regular monthly or yearly basis starting at the beginning of your subscription and continuing until the time your account is terminated. If we are for any reason unable to charge your credit card for the subscription, we will attempt to notify you via email and your subscription will be disabled until payment is received. Amounts paid for the OrganicFit services, including prepayments, are not refundable.
Subscriptions purchased via an App Store are subject to such App Store's refund policies. This means we cannot grant refunds. You will have to contact an App Store support.
By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription you authorize us and the App Stores to charge you for the renewal term.
We may offer a free trial subscription for the Service. Free trial provides you access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer, your access to the Service during the free trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free trials.
By using the Service, you agree to be bound by the Money Back Policy, which is incorporated into these Terms. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you order the Purchase, you acknowledge and agree that you accept and consume the Purchase promptly once your Purchase is complete and therefore your right of withdrawal is lost at this point.
If you opt to sign up for the OrganicFit services weekly subscription plan, you will be subject to weekly subscription fees in accordance with the Fee Schedule and related information (the "Fee Schedule"). You will be required to submit payment weekly in advance for access to the OrganicFit services. Access to the OrganicFit services will be disabled until payment is received. Fees will be billed weekly on an ongoing and recurring basis even if you are not actively using the OrganicFit services.
If you opt to sign up for the OrganicFit services monthly subscription plan, you will be subject to monthly subscription fees in accordance with the Fee Schedule and related information (the "Fee Schedule"). You will be required to submit payment monthly in advance for access to the OrganicFit services. Access to the OrganicFit services will be disabled until payment is received. Fees will be billed monthly on an ongoing and recurring basis even if you are not actively using the OrganicFit services.
If you opt to sign up for the OrganicFit services annual subscription plan you will be subject to annual subscription fees in accordance with the Fee Schedule. You will be required to submit payment annually in advance for access to the OrganicFit services. Access to the OrganicFit services will be disabled until payment is received. Fees will be billed annually on an ongoing and recurring basis even if you are not actively using the OrganicFit services.
Your Fee Schedule is located in the Subscriptions tab in the account settings under "Billing Dates". The Fee Schedule displays the estimated next billing date and amount.
You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. The Fee Schedule, including subscriber or any discounts, is subject to change at any time in our sole discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule.
You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account.
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Mobile App and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
You acknowledge and agree that the services, accessible on or through the mobile app are provided "as is" and "as available".To the fullest extent, permitted by the applicable law, myorganicapss disclaims all warranties, expressed or implied, including but not limited to the fact that: (i) the services, accessible on or through the mobile app may be traded or suitable for a specific purpose, (ii) the services, accessible on or through the mobile app will operate without interruption and errors, (iii) defects will be rectified, (iv) there are no bugs, viruses, trojan horses or the like, which may be transmitted to or through the services, following the actions of third parties, (v) the security methods used will be sufficient for the protection of the services and their users, and (vi) with regard to the correctness, accuracy or reliability, there will be no loss of data, content or information.
Downloading or otherwise obtaining materials through the use of the services is done at your own discretion and risk. You will be solely responsible for any damage to your computer, mobile phone, tablet or other device or for loss of data that results from the downloading of any such material. Organicapps will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services related to the organicfit services. You are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. The communication with organicfit, whether written or oral, in connection to, trough the or as a result of using the services shall not create any warranties not expressly stated in the terms. unless you have been expressly authorized to do so in writing, you agree that when using the services, you will not use any trademark, trade name or logo of any company or organization in a way that is likely to cause confusion about the owner of such marks, names or logos.
Organicapps makes no promises with respect to any third parties, such as any advertisers or contributors that can be seen on the mobile app or other users of the services. Organicapps is not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with our services or any other goods or services promoted or featured on the mobile app.
Your purchase and use of products or services offered by third parties through the mobile app is done at your own discretion and risk.
Organicapps 's maximum aggregate liability to you for losses or damages that you suffer in connection with the mobile app’s services is limited to usd 239.
Organicapps disclaims liability for any (i) indirect, special, incidental, punitive, or consequential damages, (ii) loss of profits and resulting damage, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. in such states, our liability shall be limited to the greatest extent permitted by law.
The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.
Organicapps provides the services through the organicfit mobile app for you to track, manage, and share your fitness activities. the services does not contain or constitute, and should not be interpreted as, medical advice or opinion. we are not licensed medical professionals, and we are not in the business of providing medical advice. you should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. your use of the mobile app does not create a doctor-patient relationship between you and organicapps.
The service may not be appropriate for all and is not a substitute for professional healthcare services. the service is intended only as an instrument, which may help achieving your fitness goals. you acknowledge that your diet and exercise activities involve health risks and that you assume those risks. before accessing or using the service, and agree to release and discharge the company from any and all action, known or unknown, arising out of your use of the service.
The company does not assume any liability for inaccuracies or misstatements about food recipes, exercises or other content on the service. you should carefully read all information provided by the manufacturers of the food products, whether online or on the actual product packaging and labels, including nutrient content, ingredients, food allergen and contact information, and health claims, before using or consuming a product. for additional information about a food product, please contact the manufacturer directly.
We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. the testimonials and examples that may be provided on the service are exceptional results, which do not apply to an average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results. there is no assurance that examples of past fitness results can be duplicated in the future. we cannot guarantee your future results and/or success. nor can we guarantee that you maintain the results you experience if you do not continue following our programs.
You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Mobile App and the Services shall be resolved individually, without resort to any form of class action.
Any and all claims, judgments, and awards shall be limited to the greater of: the actual out-of-pocket amount paid by you to Organic Apps Inc. for accessing the Mobile App and the Services or USD 239, but in no event attorneys' fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of OrganicFit.
This Agreement and all rights and obligations in connection with it are governed by Delaware law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the competent courts of the State of Delaware.
16.1. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
16.2. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
16.4. Arbitration is more informal way to settle disputes than a lawsuit in court. A neutral arbitrator instead of a judge or jury is used in arbitration, which allows for more limited discovery than in court, and is subject to very limited review by courts. The same damages and relief that a court can award can be awarded by arbitrators. Please see more information about arbitration at [http://www.adr.org](http://www.adr.org/).
16.5. A party which intends to seek arbitration must first send to the other a written notice of intent to arbitrate (a "Notice") by an international courier with a tracking mechanism, or, in the absence of a mailing address provided by you to us, via any other method available to us, including via e-mail. The Notice to the Company must be addressed to: Organic Apps Inc340 S LEMON AVE #1402WALNUT, CA 91789UNITED STATES (as applicable, the "Arbitration Notice Address"). The Notice shall (i) describe the basis and nature of the claim or dispute; and (ii) set the specific relief sought (the "Demand"). If you and the Company do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or we may commence an arbitration proceeding as set forth below or file an individual claim in small claims court.
16.6. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL EXCLUSIVELY ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THESE TERMS.
16.7. If you commence arbitration against us, you are required to provide a second Notice to the Company at the Arbitration Notice Address within seven (7) days of arbitration commencement. The Rules and AAA forms are available online at http://www.adr.org. Unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee, if you are required to pay a filing fee to commence an arbitration against us, then we will promptly reimburse you for your confirmed payment of the filing fee upon our receipt of the second Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee.
16.8. The arbitration shall be conducted exclusively in English. You and the Company agree to comply with the following rules, which are intended to streamline the arbitration process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
16.9. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND THE COMPANY AGREE THAT YOU AND THE COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
16.11. Barring extraordinary circumstances, the arbitrator will issue his or her final, confidential decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days upon a showing of good cause and in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the Commonwealth of Virginia without regard to its conflicts of laws principles in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act ("FAA") will govern the interpretation, enforcement, and proceedings pursuant to this Section 12. Any award rendered shall be final, subject to appeal under the FAA.
16.12. The abovestated provisions of this Section 16 shall not apply to any claim in which either party seeks equitable relief to protect such party's copyrights, trademarks, patents, or other intellectual property. For the avoidance of doubt, you agree that, in the event the Company or a third party breaches these Terms, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against us, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in these Terms.
16.14. All claims you bring against the Company must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, the Company may recover attorneys' fees and reimbursement of its costs, provided that the Company has notified you in writing of the improperly filed claim, and you fail to promptly withdraw such claim.
16.15. In the event that we make any material change to this arbitration provision (other than a change to our Arbitration Notice Address), you may reject any such change by sending us written notice to our Arbitration Notice Address within thirty (30) days of the change, in which case your Account and your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of these Terms.
16.16. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.
16.17. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE SERVICE BY WRITING TO [email protected] OR TO THE ARBITRATION NOTICE ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
In order to address a question, to resolve a complaint regarding the OrganicFit Mobile App or the Organic Apps Inc. Services, or to receive further information regarding the Services, please contact OrganicFit using one of the following methods:
Organic Apps Inc
340 S LEMON AVE #1402
WALNUT, CA 91789