These Terms of Service (“Terms”) are a legal contract between you (“you”) and Anara Labs, Inc. (“Anara”, “us”, “our” or “we”) and govern your use of all the text, data, information, software, graphics, videos, audio, photographs and other materials (collectively referred to as “Materials”) that we and our affiliates may make available to you through any area of the https://www.anara.com/ website (the “Site”), and any services we may provide through the Site (the “Services” and, collectively with the Site and Materials, the “Platform”).READ THESE TERMS CAREFULLY BEFORE BROWSING THE SITE OR OTHERWISE USING THE PLATFORM. USING THE SITE, MATERIALS AND/OR ANY SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. YOU CANNOT USE THE PLATFORM IF YOU DO NOT ACCEPT THESE TERMS.NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH ANARA. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.The Platform is not designed to comply with industry-specific regulations, such as the Health Insurance Portability and Accountability Act (“HIPAA”) or the Federal Information Security Management Act (“FISMA”), so if your interactions would be subjected to such laws, you may not use this Platform.
We may alter the Materials and Services we offer you and/or may choose to modify, suspend or discontinue any part or all of the Platform at any time and without notifying you. We may also change, update, add or remove provisions of these Terms from time to time. We will inform you of any modifications to these Terms by posting the modified terms of use on the Site and, if you have registered with us (as described below), by describing the modifications to these Terms in an email that we will send to the address associated with your account in our records. To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration.If you object to any such modifications, your sole recourse shall be to cease using the Platform. Continued use of the Platform following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site or on the sites of our partners. Such expressly designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
By using the Platform, you agree that you are at least 18 years of age, or if you are under 18 years of age (a “Minor”), that you are using the Platform with the consent of your parent or legal guardian and you have received your parent’s or legal guardian’s permission to use the Platform and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to access, use and to display the Materials on the Site for your personal, non-commercial use when using the Site; your right to use the Materials is conditioned on your compliance with these Terms. You may not distribute, publicly display, publicly perform or otherwise use the Materials outside the Platform. You have no other rights in the Platform or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Platform or any of the Materials in any manner. If you make copies of any of the Materials then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Platform.You are responsible for complying with these Terms when you access and use the Platform. Unfortunately, if you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
You need not register with us to simply visit and view the Site. However, in order to access certain Services you must successfully register with us. If you want an account with us, you must submit all of the information required on the account registration page on the Site. Once you submit the required registration information, we will determine whether or not to approve your proposed account. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly.It is your responsibility to obtain and maintain all equipment and services needed for you to access and use the Site and Services, as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s). Unless expressly permitted in writing by Anara, you may not sell, rent, lease, share, or provide access to your account to anyone else. Should you believe your password or security for the Platform has been breached in any way, you must immediately notify us.Subject to your compliance with the terms and conditions contained in these Terms, Anara, during the relevant term for which you have subscribed to use Anara Services (the “Subscription Term”), hereby grants you and, if applicable, those of your employees, consultants, contractors, and/or agents: (a) for whom a subscription to access to the Service(s) during the Subscription Term has been purchased, (b) who are authorized by you to access and use the Service(s), and (c) who have been supplied user identifications and passwords for such purpose by you (or by Anara at your request) (“Authorized Users”), a limited, non-exclusive, non-transferable right to access and use the Service(s) for which you have subscribed in accordance with the applicable documentation and in each case solely for your internal business use and not to provide the Service(s) to any other person or entity. Your use of the Services may be subject to certain limitations – for example, certain functionality only available to those users who have subscribed to use it.If your subscription includes the use of a Anara desktop application (a “Anara Application”), then, subject to your compliance with these Terms, Anara hereby grants you, during the applicable Subscription Term, a limited, non-exclusive, non-transferable and non-sublicensable right to (a) download, copy, and install in accordance with the applicable documentation such Anara Application(s) on computer(s) owned or leased, and controlled by you; and (b) execute and otherwise use the Anara Applications, in accordance with these Terms and the applicable documentation, solely for you internal business purposes in using the Services. You acknowledge and agree that the Anara Applications are provided under license and not sold. You do not acquire any ownership interest in the Anara Applications under these Terms, or any other rights thereto other than to use the Anara Applications in accordance with the license granted, and subject to all terms, conditions, and restrictions in, these Terms.We distribute mobile applications (“Mobile Applications”) that permit users to access and use certain Services via a mobile device. To use a Mobile Application, you must have a mobile device that is compatible with it. We do not warrant that any of the Mobile Applications will be compatible with your mobile device. We hereby grant you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased by you, solely for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms of Use will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms of Use are between you and Anara only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with Apple’s then-current Apple Media Services Terms and Conditions.
Anara, and not Apple, is solely responsible for the iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.
You agree that Anara, and not Apple, is responsible for addressing any claims by you or any third-party relating to the iOS App or your possession and/or use of the OS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms of Use and any law applicable to us as provider of the iOS App.
You agree that Anara, and not Apple, shall be responsible, to the extent required by these Terms of Use, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
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.
You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms of Use as they relate to your license of the iOS App. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms of Use are between you and Anara only, and not with Google, Inc. (“Google”).
Your use of the Android App must comply with Google’s then-current Google Play Store Terms of Service.
Google is only a provider of the Android Market where you obtained the Android App. Anara, and not Google, is solely responsible for the Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms of Use.
You acknowledge and agree that Google is a third-party beneficiary to the Terms of Use as they relate to the Android App..
You shall not, directly or indirectly, and you shall not permit any Authorized User or third party to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Services, the Mobile Applications or the Anara Applications; (b) modify, translate, or create derivative works based on any element of the Services, the Mobile Applications, the Anara Applications or any related documentation; (c) rent, lease, distribute, sell, resell, assign, or otherwise transfer your rights to use the Services, the Mobile Applications or the Anara Applications; (d) use the Services, the Mobile Applications or the Anara Applications for timesharing purposes or otherwise for the benefit of any person or entity other than for your benefit and the benefit of your Authorized Users; (e) remove any proprietary notices from the documentation; (f) use the Services, the Mobile Applications or the Anara Applications for any purpose other than their intended purpose; (g) interfere with or disrupt the integrity or performance of the Services; or (h) attempt to gain unauthorized access to the Services or their related systems or networks.Except as expressly granted in these Terms, there are no other licenses granted to you or any Authorized User, express, implied or by way of estoppel. All rights not granted in these Terms are reserved by Anara.
You agree to pay all fees applicable to your and your Authorized Users’ use of the Services using one of the payment methods Anara supports. Except as otherwise specified in these Terms, (a) fees are based on Services purchased, regardless of actual usage, and (b) payment obligations are non-cancelable and fees paid are non-refundable. Subscription fees are based on recurring subscription periods that begin on the subscription start date and each monthly, yearly, quarterly, etc. anniversary thereof; therefore, fees for subscriptions added in the middle of a subscription period will be charged for that full month, year, quarter period (as applicable) and the periods remaining in the subscription term. All amounts payable under these Terms will be made without setoff or counterclaim, and without any deduction or withholding.If you elect to pay by credit card, Anara or our third-party payment processor will charge your payment method on the date that you subscribe to use the applicable Service(s). By providing a payment method, you expressly authorize Anara and/or our third-party payment processor to charge the applicable fees to said payment method as well as taxes and other charges incurred thereto. You agree that we may invoice you for any unpaid fees, including without limitation any amounts owed by you that cannot be processed. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information. You agree to pay all invoiced amounts within thirty (30) calendar days of the invoice date.If Anara does not receive fees by the due date, then at our discretion, such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid.If any amounts owed by you for the Services are more than thirty (30) days overdue, Anara may, to the extent permitted by applicable law, and without limiting our other rights and remedies, suspend your and your Authorized Users’ access to the Platform until such amounts are paid in full; provided that Anara agrees that it will not exercise its rights under this Section if the applicable charges are under reasonable and good-faith dispute and you are cooperating diligently to resolve the dispute.IMPORTANT NOTICE — AUTOMATIC RENEWAL: IF YOU HAVE SUBSCRIBED TO AN AUTOMATICALLY RENEWING SUBSCRIPTION, BEGINNING WITH THE FIRST SUBSCRIPTION PERIOD FOLLOWING THE END OF THE SUBSCRIPTION PERIOD FOR WHICH YOU INITIALLY SUBSCRIBE, WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION. EACH RENEWAL PERIOD WILL BE FOR THE SAME LENGTH AS YOUR IMMEDIATELY PRECEEDING SUBSCRIPTION TERM.AS AUTHORIZED BY YOU DURING THE REGISTRATION PROCESS, WE OR OUR THIRD-PARTY PAYMENT PROCESSOR WILL CHARGE YOUR PAYMENT METHOD WITH THE APPLICABLE FEE AT THE BEGINNING OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION DATE OF YOUR PREVIOUS SUBSCRIPTION BY LOGGING INTO YOUR ACCOUNT AND CANCELLING.WE REQUIRE A REASONABLE AMOUNT OF TIME TO PROCESS YOUR CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION LATER THAN [THE LAST DAY OF YOUR CURRENT SUBSCRIPTION TERM, YOU WILL NOT RECEIVE A REFUND, BUT WILL CONTINUE TO ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT MONTH FOR WHICH YOU HAVE PAID.WE RESERVE THE RIGHT TO MODIFY OUR PRICING AT ANY TIME (BUT NOT THE PRICE IN EFFECT FOR THE THEN-CURRENT MONTH (FOR MONTHLY SUBSCRIPTIONS), QUARTER (FOR QUARTERLY SUBSCRIPTIONS) OR YEAR (FOR ANNUAL SUBSCRIPTIONS) FOR WHICH YOU HAVE PAID), UPON 30 DAYS ADVANCE NOTICE TO YOU. IF YOU HAVE NOT CANCELLED YOUR SUBSCRIPTION WITHIN THE 30-DAY PERIOD AFTER RECEIVING NOTICE OF A PRICE CHANGE BY LOGGING INTO YOUR ACCOUNT AND CANCELLING, YOUR SUBSCRIPTION WILL AUTO-RENEW AT THE PRICE INDICATED IN THE NOTICE.
By using the Platform (or any part thereof), you consent to receiving electronic communications from us (including, if you have opted in, via text message). These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Platform. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Standard carrier data charges may apply to your use of text messaging and you are solely responsible for such charges.
We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. So, please review our Privacy Policy (“Privacy Policy”) https://anara.com/privacy, which explains how we use such information.If you use the Services to process Personal Data (as defined by applicable data protection law) as an enterprise or business customer and applicable state privacy laws require specific contractual restrictions on Anara’s processing of such Personal Data, you and Anara will enter into the Anara data processing addendum (https://anara.com/dpa), which is incorporated by reference into these Terms.You acknowledge that the Services are not suitable for the provision, transmission, receipt, or other processing of protected health information (as that term is defined by HIPAA). As such, you agree that you will not upload any User Data that includes and/or references personal health information that is protected by HIPAA.
The Services may contain features designed to interoperate with certain software or services delivered or performed by third parties (“Third Party Offerings”). To use such features, you may be required to obtain access to such Third Party Offering from the providers of such offerings. Any acquisition by you of any such Third Party Offerings, and any exchange of data between you and any provider of a Third Party Offering, is solely between you and the applicable provider of the Third Party Offering. Anara does not warrant or support any Third Party Offering, whether or not such offerings are designated by Anara as “certified” or otherwise. If you install or enable any Third Party Offering for use with the Services, you acknowledge that we may allow providers of that Third Party Offering to access User Data and User Content (each as defined below) as required for the interoperation and support of such Third Party Offering with the Services. Anara shall not be responsible for any disclosure, modification or deletion of User Data or User Content resulting from any such access by the providers of Third Party Offerings. If the provider of any Third Party Offering ceases to make the Third Party Offering available for interoperation with the corresponding Service features on reasonable terms, Anara may cease providing such features without entitling you to any refund, credit, or other compensation.To the extent that Anara requires that you provide us with authorizations, passwords or other user credentials to a Third Party Offering (“Third Party Access Codes”) to retrieve User Data and/or User Content or to enable interoperability with the Services, you will promptly provide such Third Party Access Codes. We will not share, reassign, divulge or disclose any Third Party Access Codes except to our employees or contractors.We may use the services of one or more third parties to deliver any part of the Services. We will pass through any warranties to the extent that we receive such service providers that we can provide to you. You agree to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to you from time to time.
We sometimes provide links on the Platform to third-party websites. If you use these links, you will leave our Platform. We are not obligated to review any third-party websites that you link to from the Platform, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, unless specifically stated on the Platform, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Platform, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.As part of the functionality of the Site, you may be permitted to link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.YOU AGREE THAT ANARA WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Platform to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Anara’s endorsement or recommendation.
To the extent you provide Anara with or access to any data or materials owned, and/or licensed to you (“User Data”), you hereby grant Anara a non-exclusive, royalty-free, fully-paid-up right and license to use such User Data (a) during the relevant Subscription Term(s), for the purpose of performing its obligations and providing the applicable Services to you under this these Terms, and (b) perpetually and irrevocably, to use such User Data to create Aggregated Statistics (as defined below). To the extent that you use the Services to process third party data or User Data, you shall comply with all applicable laws and industry standards in your collection, processing and use of such data, and you represent and warrant that you have the right to provide such User Data and that Anara may process such User Data for the purpose of providing the Services as contemplated herein.Notwithstanding anything else in these Terms or otherwise, Anara may monitor your use of the Platform and use data and information related to such use and User Data (collectively, “User Content”) in an aggregate and anonymous manner, including to compile statistical and performance information and prepare and maintain analytics related to the provision and operation of the Platform (“Aggregated Statistics”). As between Anara and you, all right, title and interest in the Aggregated Statistics and all intellectual property rights therein, belong to and are retained solely by Anara. You acknowledge that Anara will be compiling Aggregated Statistics based on User Content input, uploaded or otherwise transmitted to the Platform and you agree that Anara may (a) make such Aggregated Statistics publicly available, and (b) use such information in compliance with applicable law or regulation and for purposes of data gathering, analysis, service and product enhancement and marketing, provided that such data and information does not identify you or your Confidential Information.
Opinions, advice, statements, or other information made available on the Platform are those of their respective authors and should not necessarily be relied on. Such authors are solely responsible for such content. ANARA DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY THIRD-PARTY. UNDER NO CIRCUMSTANCES WILL ANARA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM OR TRANSMITTED TO OR BY ANY THIRD-PARTY. You also understand that by accessing and using the Platform, you may encounter information, materials and subject matter that you or others may deem offensive, indecent, or objectionable. You agree to use the Platform at your sole risk and that Anara and our affiliates, partners, suppliers and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.
Unauthorized use of the Platform may result in violation of various United States and international copyright laws. Unless you have written permission from us stating otherwise, you are not authorized to use the Platform in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
for any use of the Materials on another site;
in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Platform;
in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
to stalk, harass, or harm another individual;
to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
in a manner that may create a conflict of interest or undermine the purposes of the Services, such writing fake reviews;
in a manner that infringes any copyright, trademark or other intellectual property or privacy rights of any other person;
to interfere with or disrupt the Platform or servers or networks connected to the Platform;
to harvest or collect email addresses or other contact information of other users of the Platform;
to use any data mining, robots, or similar data gathering or extraction methods in connection with the Platform; or
to attempt to circumvent any content filtering techniques we employ or to gain unauthorized access to any portion of the Platform or any other accounts, computer systems, or networks connected to the Platform, whether through hacking, password mining, or any other means.
Anara may temporarily suspend your or your Authorized Users’ access to the Services in the event that either you or any of your Authorized Users is engaged in, or we in good faith suspect that you or any of your Authorized Users is engaged in, any unauthorized conduct (including, but not limited to any violation of these Terms). Anara will attempt to contact you prior to or contemporaneously with such suspension; provided, however, that our exercise of the suspension rights herein shall not be conditioned upon your receipt of any notification. A suspension may take effect for your entire account and You understand that such suspension would therefore include your Authorized Users’ accounts. you agree that Anara shall not be liable to you, Authorized Users, or any third party if we exercise our suspension rights as permitted by this Section. Upon determining that you have ceased the unauthorized conduct leading to the temporary suspension to our reasonable satisfaction, we shall reinstate your and your Authorized Users’ access to and use of the Services. Notwithstanding anything in this Section to the contrary, suspension of access to the Platform is in addition to any other remedies that we may have under these Terms or otherwise, including but not limited to termination of these Terms for cause. Additionally, if there are repeated incidences of suspension, regardless of the same or different cause and even if the cause or conduct is ultimately cured or corrected, we may, in our reasonable discretion, determine that such circumstances, taken together, constitute a material breach.You agree to indemnify and hold Anara and its officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Platform, your violation of these Terms or your violation of any rights of another. You alone are responsible for any violation of these Terms by you or by anyone using your account. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
As between Anara and you, all right, title and interest in the Platform, all software, models and algorithms used to provide the Platform, the Mobile Applications, the Anara Applications and any other Anara materials furnished or made available hereunder, and all modifications, enhancements and derivative works thereof, and all suggestions, ideas and feedback proposed by you regarding the Platform, including all copyright rights, patent rights and other intellectual property rights in each of the foregoing, belong to and are retained solely by Anara or Anara’s licensors and providers, as applicable.As between Anara and you, all right, title and interest in the User Data and all intellectual property rights therein and thereto, belong to and are retained solely by you.You acknowledge and agree that certain of the Services utilize machine learning and artificial intelligence to process User Data and generate documents and other results. To the extent Anara obtains any intellectual property rights in or to any such output generated and returned to you through your use of the Platform with your User Data (“Customer Results”), Anara hereby assigns and agrees to assign to you all right, title and interest in and to such Customer Results. You understand and agree that, notwithstanding the foregoing, due to the nature of machine learning, output generated and returned to users of the Platform may not be unique across users and the Platform may generate the same or similar output third party. You understand and agree that output generated for other users through the use of their User Data is not considered to be your Customer Results, regardless of any similarity to your Customer Results.The trademarks, service marks, and logos of Anara (“Our Trademarks”) used and displayed on various parts of the Platform are registered and unregistered trademarks or service marks of Anara. Other company, product, and service names located on our platforms may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Our Trademarks, the “Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Our Trademarks inures to our benefit.Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Platform are our sole property, or the property of our suppliers and licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions that violates intellectual property rights of others, suspending access to the Platform (or any portion thereof) to any user who uses the Platform in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Platform in violation of someone’s intellectual property rights.Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Platform, please provide written notice to our agent for notice of claims of infringement:Attn: Copyright Agent
Email: support@anara.comTo be sure the matter is handled immediately, your written notice must:
Contain your physical or electronic signature;
Identify the copyrighted work or other intellectual property alleged to have been infringed;
Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
Contain a statement that the information in the written notice is accurate; and
Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Platform who is the subject of repeated DMCA or other infringement notifications.
THE SITE, MATERIALS AND SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”, AND THE ENTIRE RISK AS TO THEIR USE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SITE, MATERIALS AND SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE, MATERIALS AND SERVICES WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, MATERIALS AND SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE PLATFORM, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PLATFORM OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.YOU ACCEPT FULL RESPONSIBILITY FOR ANY AND ALL DECISIONS YOU MAKE IN THE COURSE OF USING THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT (A) USE OF THE PLATFORM IS AT YOUR SOLE RISK; AND (B) ANARA AND ITS THIRD-PARTY SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION IN USE OF THE PLATFORM, DELAYS OR ERRORS CAUSED BY ANY USER’S USE OF THE PLATFORM, OR ANY PART THEREOF.
YOU ARE USING THE SITE, MATERIALS AND SERVICES AT YOUR SOLE RISK. WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE PLATFORM OR YOUR USE OF OUR SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOSS OF DATA, REVENUE, PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, USE, OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. WE SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED COPYING, USE, OR DISTRIBUTION OF USER CONTENT BY THIRD PARTIES. ANARA’S THE AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED $100.00.
The parties acknowledge that each party will have access to certain of the other party’s Confidential Information or Confidential Information of third parties that the disclosing party is required to maintain as confidential. Both parties agree that all items of Confidential Information are proprietary to the disclosing party or such third party, as applicable, and will remain the sole property of the disclosing party or such third party. “Confidential Information” means all written or oral information, disclosed by either party to the other, related to either party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure should reasonably be understood by the party receiving such information as confidential. Without limiting the foregoing, for purposes of these Terms, the Services and the documentation relating to the Services will be deemed Confidential Information of Anara.Each party agrees as follows: (i) to use Confidential Information disclosed by the other party only for the purposes described in these Terms and, if applicable, the Privacy Policy; (ii) that such party will hold in confidence and protect such Confidential Information from dissemination to, and use by, any third party; (iii) to restrict access to the Confidential Information disclosed by the other party to such of its personnel, agents, and/or consultants, if any, who have a need to have access and who have been advised of and have agreed in writing to treat such information in accordance with these Terms; and (iv) to return or destroy, subject to the perpetual licenses granted to User Data and Customer Content set forth in these Terms, all Confidential Information disclosed by the other party that is in its possession upon termination or expiration of these Terms.Notwithstanding the foregoing, the parties’ obligations of confidentiality will not apply to Confidential Information that (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the recipient; (iii) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto; (iv) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (v) is independently developed by the recipient; or (vi) is approved for release or disclosure by the disclosing party without restriction. In addition, each party may disclose Confidential Information to the limited extent required (x) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (y) to establish a party’s rights under these Terms, including to make such court filings as it may be required to do.
We control and operate the Platform and provide the Services from our headquarters in the United States of America and the entirety of the Platform may not be appropriate or available for use in other locations. If you use the Platform (or any portion thereof) outside the United States of America, you are solely responsible for following applicable local laws.
Any comments, questions, suggestions or other feedback (collectively, “Feedback”) you provide to us through any communication whatsoever (e.g., call, letter, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
To the fullest extent permitted by applicable law, Anara reserves the right, without notice and in our sole discretion, to terminate your license to use the Platform and to block or prevent your future access to and use of the Platform, including but not limited to where we reasonably consider that: (a) your use of the Platform violates these Terms or applicable law; (b) you fraudulently use or misuse the Platform; or (c) we are unable to continue providing the Platform to you due to technical or legitimate business reasons. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Platform; (ii) any term of these Terms; (iii) any policy or practice of Anara, or (iv) any content or information transmitted through the Platform, is to terminate your account and to discontinue use of any and all parts of the Platform.Upon expiration or termination of these Terms, (a) your use of and access to the Platform shall cease; and (b) all fees and other amounts owed to Anara shall be immediately due and payable. Anara shall have no obligation to maintain or provide any User Data and may thereafter, unless legally prohibited or otherwise agreed in writing by the parties hereto, delete all User Data in its systems or otherwise in its possession or under its control.
Dispute Resolution and Arbitration; Mass Arbitration; Class Action Waiver
This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, and you and Anara each agree that this section is intended to satisfy the “writing” requirement of the Federal Arbitration Act.THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A PRE-DISPUTE RESOLUTION PROCESS, BINDING ARBITRATION PROVISION, MASS ARBITRATION PROVISION, AND A CLASS ACTION AND JURY TRIAL WAIVER.To the fullest extent permitted by law, by using the Platform, you and Anara agree that if a dispute arises between you and Anara relating in any way to the Platform or your use thereof, including common law or statutory claims, the dispute will be resolved in accordance with the provisions set forth in this section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND ANARA HAVE AGAINST EACH OTHER ARE RESOLVED. You and Anara agree that any and all disputes or claims that have arisen or may arise between you and Anara in connection with the Platform, including any products or services offered or sold on the Platform and your use of the Platform, shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation, or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
You may elect to opt-out (exclude yourself) from the pre-arbitration dispute resolution, final, binding arbitration procedure, mass arbitration procedure, and waiver of class and representative proceedings specified in these Terms by sending a written letter to Anara at Anara Lab, Inc., 2 Marina Blvd, Landmark Building B, San Francisco, CA 94123 (the “Notice Address”), within thirty (30) calendar days of your initial agreement to these Terms. The letter must be signed personally by you or your legal guardian and specify: (1) your first and last name; (2) your mailing address; (3) your email address; and (4) your request to be excluded from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.
You and Anara agree that whenever you or Anara have a disagreement (“Dispute”) with the other arising out of, connected to, or in any way related to the Platform that is subject to the arbitration provision herein, you and Anara will first send a written notice to the other party (a “Demand”). You and Anara agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to the Notice Address. Anara must send the Demand to you via certified mail to the most recent address Anara has on file for you (or by email if Anara only has an email address for you on file). A Demand (1) shall seek to resolve a Dispute only on an individual basis; (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or for Anara by its authorized representative (and not only their counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and Anara will personally attend (with counsel, if represented). You and Anara agree that you and Anara will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve Disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.
If the Dispute stated in the Demand is not resolved to your or Anara’s satisfaction within ten (10) business days after the conference described above (or within ten (10) business days after the time when such a conference may be requested if no conference has been requested), and you intend on taking legal action, you agree that you will file a demand for arbitration with JAMS. The arbitration will be conducted under JAMS’s Comprehensive Rules & Procedures, including the JAMS’s Consumer Rules (as applicable), as modified by these Terms to Arbitrate. The JAMS’s rules and a form for initiating arbitration proceedings are available on the JAMS’s website at: https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable, except that a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration if the Pre-Arbitration Dispute Resolution requirements set forth above have not been met.The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Anara may elect to have the arbitration conducted by telephone and/or video conference or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone and/or video conference, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law.The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by JAMS’s rules.
You and Anara agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Anara agree otherwise or the Mass Arbitration provisions set forth below are triggered, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect any other person or party. You and Anara further agree that in the event this arbitration agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this paragraph are severable and shall apply to any claim between you and Anara in any forum. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS.
If, at any time, 25 or more claimants (including you) submit Demands or seek to file demands for arbitration raising similar claims against Anara, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in National Arbitration & Mediation’s (“NAM”) Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules”) available at https://www.namadr.com/resources/rules-fees-forms/), you and Anara agree that JAMS shall not serve as arbitrator and that instead NAM shall administer any Mass Filing claims and the NAM Mass Filing Rules in effect at the time such claim is filed shall apply as modified below. The parties agree to the appointment of a Procedural Arbitrator pursuant to NAM’s Mass Filing Rules, and additionally agree that the Procedural Arbitrator will have the authority to determine jurisdiction and arbitrability including, but not limited to, any issue regarding the validity, existence, formation or scope of the agreement under which Arbitration is being sought, and the proper parties to the Arbitration. You agree that throughout this process, the parties’ counsels shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that your election to participate in a Mass Filing may result in a delay in the adjudication of your dispute with Anara. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth below.Stage One: Counsel for the claimants and counsel for Anara shall each select 15 claims per side (30 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Anara will pay the mediator’s fee.Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Anara shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Anara will pay the mediator’s fee.If your claim is not resolved as part of the staged process identified above, either:Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Terms. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage Two or the elective mediation associated with Stage Two. We may opt your claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsels for the parties may agree to adjust these deadlines.OROption Two: If neither you nor we elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 100, then 100 claims shall be randomly selected (or selected through a process agreed to by counsels for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 100, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 100 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsels for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.You and Anara agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and Anara acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose.A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim will proceed before JAMS pursuant to the JAMS Mass Arbitration Procedures and Guidelines (available at https://www.jamsadr.com/mass-arbitration-procedures). If a court of competent jurisdiction also determines that the JAMS Mass Arbitration Procedures and Guidelines are not enforceable as to your Claim, then the remaining Claims shall be subject to Option One or Option Two above as selected by you or us.
We prefer to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by us, may result in immediate termination of your access to the Platform without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or the Platform will be heard in the courts located in San Francisco County in the State of California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Our failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Anara and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Anara about the Platform. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Platform is provided by Anara Labs, Inc., 2 Marina Blvd, Landmark Building B, San Francisco, CA 94123. If you have a question or complaint regarding the Platform, please contact Customer Service at support@anara.com. You may also contact us by writing Anara Labs, Inc., 2 Marina Blvd, Landmark Building B, San Francisco, CA 94123. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.