By using the Digital Properties or any of the features, functionalities, services, or content made available through the Digital Properties, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTANDED AND AGREED TO THESE TERMS AND EXPRESSLY AGREE THAT THEY FORM A BINDING CONTRACT BETWEEN YOU AND Exertion. These Digital Terms of Use (together with the Additional Terms below, the "Terms") set forth the terms and conditions applicable to and governing.
As we continue to develop our business and the Digital Properties or any portion thereof, these Terms may be modified. The updated version of these Terms will be posted here, and the changes will take effect as soon as they are posted. If you continue to use the Digital Properties, you are agreeing to be bound by the modified Terms and accepting those changes. As a result, whenever you access or use the Digital Properties, we advise that you review these Terms on a regular basis.For your reference, we encourage you to print or save a copy of these Terms, as amended from time to time.The following terms were last revised: November 24, 2022
It is our intention to make every effort to ensure that your experience with Exertion exceeds your expectations. We hope you'll give us a chance to try to solve any issue or concern if that doesn't happen. Please get in touch with us by going to http://www.exertion.com/contact.We ask that you include your name, address, phone number, and email address when contacting us, as well as a description of your issue or concern and any specific solutions you require.
Exertion or you can start the arbitration process.A single arbitrator will preside over the arbitration.There will be no representative or class arbitration, and the arbitration will be conducted individually.
You and Exertion have the option of initiating arbitration before JAMS or the AAA:
The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic and Commercial Cases will be followed for arbitration before JAMS.You can find the JAMS regulations by visiting www.jamsadr.com or calling 1-800-352-5267.
The amount of money in dispute will determine which AAA arbitration rules apply.The Supplementary Procedures for Consumer-Related Disputes and Consumer Arbitration Rules of the AAA will apply to claims less than $75,000;for Questions including $75,000 or more, the AAA's Business Discretion Rules will apply.You can find the AAA regulations by visiting www.adr.org or calling 1-800-778-7879.
Exertion will cover the arbitrator's fees and expenses if they are necessary for the Arbitration Agreement to be enforceable under the Federal Arbitration Act.If not, those expenses will be covered in accordance with the aforementioned regulations.
Exertion is not obligated to provide you with any related maintenance or support services, nor is it obligated to maintain the Digital Properties in whole or in part.Without prior notice or obligation to you, Exertion reserves the right to make the Digital Properties in whole or in part temporarily or permanently unavailable, as well as to otherwise terminate, suspend access to, replace, or modify the Digital Properties in whole or in part.
The Digital Assets are intended for use by adults over the age of 18 who are legal residents of the United States or adults over the age of 18 who, by using the Digital Assets, agree to use the Digital Assets in accordance with the laws of the United States and these Terms.You do so on your own initiative and at your own risk if you decide to access the Digital Properties from outside of the United States.By using the Digital Properties or attempting to use them, you are certifying to Equinox that you meet the aforementioned eligibility requirements and are legally authorized to enter into these Terms. Any fees you pay to access the Digital Properties, including those from your wireless carrier and/or Internet service provider, are entirely your responsibility. Although the Digital Properties themselves are currently provided for free, you may be able to purchase particular products or services through them. Effort maintains whatever authority is needed to change the idea of this relationship whenever, without earlier notification or obligation to you.
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