Terms of Service

CONVERTIST TERMS OF USE AGREEMENT
 

Welcome to Convertist.com, operated by Convertist LLC ("Convertist," the

“Website”, "we," or "our"). By using the Convertist Website, (the "Website" or the "Site") you

agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a

member of Convertist ("Member"). If you wish to become a Member and/or make use of the

Convertist service (the "Service"), please read this Agreement. If you object to anything in this

Agreement or the Convertist Privacy Policy, do not use the Website or the Service. This

Agreement is subject to change by Convertist at any time, effective upon posting on the

Convertist website. Your continued use of the Website and the Service following Convertist's

posting of revised terms of any section of the Agreement will constitute your express and

binding acceptance of and consent to the revised Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION

REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS

LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW

DISPUTES WILL BE RESOLVED.

Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding

terms of your use of the Website and the Service. This Agreement may be modified by

Convertist from time to time, such modifications to be effective upon posting by Convertist on

the Website. By accessing and/or using the Website or becoming a Member, you accept this

Agreement and agree to the terms, conditions and notices contained or referenced herein.

1. Access and Retention. In order to access and retain this electronic Agreement, you must have

access to the World Wide Web, either directly or through devices that access web-based

content, and pay any service fees associated with such access. In addition, you must use all

equipment necessary to make such connection to the World Wide Web, including a computer

and modem or other access device. Please print a copy of this document for your records. To

retain an electronic copy of this Agreement, you may save it into any word processing program.

2. Eligibility. You must be at least eighteen (18) years of age. By using the Website, you

represent and warrant that you have the right, authority and capacity to enter into this

Agreement and to abide by all of the terms and conditions of this Agreement.

3. Commercial Use of Service.

If you are using the Service and/or accessing the Websites on behalf of a company, entity, or

organization (collectively, a “Subscribing Entity”), you represent and warrant that:

a. You are an authorized representative of the Subscribing Entity, and that you have the

authority to bind the Subscribing Entity to this Terms of Use;

b. You have read and understand this Terms of Use; and

c. You agree to this Terms of Use on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Website include, but are not limited to, collecting

usernames and/or email addresses of members by electronic or other means for the purpose of

sending unsolicited email, unauthorized framing of or linking to the Website, sharing or

disclosing your username or password to any third party or permitting any third party to access

your account, attempting to impersonate another user or person,  use of the Website in any

fraudulent or misleading manner, any automated use of the system, such as scraping the

Website, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering

with, disrupting, or creating an undue burden on the Website or the networks or services

connected to the Website, and using the Website in a manner inconsistent with any and all

applicable laws and regulations. Illegal and/or unauthorized use of the Website may be

investigated, and appropriate legal action may be taken, including without limitation, civil,

criminal, and injunctive redress. Use of the Website and Service is with the permission of

Convertist, which may be revoked at any time, for any reason, in Convertist’s sole discretion.

4. Account Security. You are responsible for maintaining the confidentiality of the username

and password that you designate during the registration process, and you are fully responsible

for all activities that occur under your username and password. You agree to (a) immediately

notify Convertist of any unauthorized use of your username or password or any other breach of

security, and (b) ensure that you exit from your account at the end of each session. Convertist

will not be liable for any loss or damage arising from your failure to comply with this provision.

You should use particular caution when accessing your account from a public or shared

computer so that others are not able to view or record your password or other personal

information. If you share your computer with others, you may wish to consider disabling your

auto-sign in feature if you have it linked to your Convertist account.

5. Your Use of the Website

a. You must not copy or capture, or attempt to copy or capture, any Content from the Website

or any part of the Website, unless given express permission by Convertist.

b. You must not copy, republish, adapt, make available or otherwise communicate to the public,

display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from

the Platform, except (i) where such Content is Your Content, or (ii) as permitted under these

Terms of Use, and within the parameters set by the Uploader (for example, under the terms of

Creative Commons licenses selected by the Uploader).

c. You must not use any Content (other than Your Content) in any way that is designed to create

a separate content service or that replicates any part of the Website offering.

d. You must not employ scraping or similar techniques to aggregate, repurpose, republish or

otherwise make use of any Content.

e. You must not employ any techniques or make use of any services, automated or otherwise,

designed to misrepresent the popularity of Your Content on the Website, or to misrepresent

your activity on the Website, including without limitation by the use of bots, botnets, scripts,

apps, plugins, extensions or other automated means to register accounts, log in, add followers

to your account, play Content, follow or unfollow other users, send messages, post comments,

or otherwise to act on your behalf, particularly where such activity occurs in a multiple or

repetitive fashion. You must not offer or promote the availability of any such techniques or

services to any other users of the Website.

f. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or

other proprietary or legal notices contained in, or appearing on, the Website or any Content

appearing on the Website (other than Your Content).

g. You must not, and must not permit any third party to, copy or adapt the object code of the

Website, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any

source or object code of any part of the Website, or circumvent or attempt to circumvent or

copy any copy protection mechanism or access any rights management information pertaining

to Content other than Your Content.

h. You must not use the Website to upload, post, store, transmit, display, copy, distribute,

promote, make available or otherwise communicate to the public:

 any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually

 any information, Content or other material that violates, plagiarizes,

 any Content that violates, breaches or is contrary to any law, rule, regulation, court

 any material of any kind that contains any virus, Trojan horse, spyware, adware,

 any unsolicited or unauthorized advertising, promotional messages, spam or any

explicit, ethnically or culturally offensive, indecent, that promotes violence,

terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual

orientation, or is otherwise objectionable in Convertist 's sole and reasonable

discretion;

misappropriates or infringes the rights of third parties including, without limitation,

copyright, trademark rights, rights of privacy or publicity, confidential information or

any other right; or

order or is otherwise is illegal or unlawful in Convertist's sole and reasonable

opinion;

malware, bot, time bomb, worm, or other harmful or malicious component, which

will or might overburden, impair or disrupt the Website or servers or networks

forming part of, or connected to, the Website, or which does or might restrict or

inhibit any other user's use and enjoyment of the Website; or

other form of solicitation.

i. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that

would constitute a criminal offense, give rise to civil liability or otherwise violate any law or

regulation.

j. You must not rent, sell or lease access to the Website, or any Content on the Website,

although this will not prevent you from including links from Your Content to any legitimate

online download store from where any item of Your Content may be purchased.

k. You must not deliberately impersonate any person or entity or otherwise misrepresent your

affiliation with a person or entity, for example, by registering an account in the name of another

person or company, or sending messages or making comments using the name of another

person.

l. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any

Convertist employee. If we feel that your behavior towards any of our employees is at any time

threatening or offensive, we reserve the right to immediately terminate your membership and

you will not be entitled to any refund of unused subscription fees.

m. You must not sell or transfer, or offer to sell or transfer, any Convertist account to any third

party without the prior written approval of Convertist.

n. You must not collect or attempt to collect personal data, or any other kind of information

about other users, including without limitation, through spidering or any form of scraping.

o. You must not violate, circumvent or attempt to violate or circumvent any data security

measures employed by Convertist or any Uploader; access or attempt to access data or

materials which are not intended for your use; log into, or attempt to log into, a server or

account which you are not authorized to access; attempt to scan or test the vulnerability of

Convertist's servers, system or network or attempt to breach Convertist's data security or

authentication procedures; attempt to interfere with the Website or the Services by any means

including, without limitation, hacking Convertist's servers or systems, submitting a virus,

overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of

Convertist under these Terms of Use, Convertist reserves the right to investigate any situation

that appears to involve any of the above, and may report such matters to, and cooperate with,

appropriate law enforcement authorities in prosecuting any users who have participated in any

such violations.

You agree to comply with the above conditions, and acknowledge and agree that Centai.com

has the right, in its sole discretion, to terminate your account or take such other action as we

see fit if you breach any of the above conditions or any of the other terms of these Terms of

Use. This may include taking court action and/or reporting offending users to the relevant

authorities.

6. Term. This Agreement will remain in full force and effect while you use the Website and/or

Service. You may terminate your membership and/or subscription at any time via a link on your

"Account" page. Alternatively, you may terminate your membership and/or subscription by

contacting us at team@convertist.com. If you resign or cancel your membership and/or

subscription to Convertist, to help Convertist analyze and improve the Service, you may be

asked to provide a reason for your resignation/cancellation. Convertist may terminate your

membership and/or subscription for any reason by sending notice to you at the email address

you provide in your application for membership, or such other email address as you may later

provide to Convertist. All decisions regarding the termination of accounts shall be made in the

sole discretion of Convertist. Convertist is not required to provide you notice prior to

terminating your membership and/or subscription. Convertist is not required, and may be

prohibited, from disclosing a reason for the termination of your account. Even after your

membership or subscription is terminated, this Agreement will remain in effect. All terms that

by their nature may survive termination of this Agreement shall be deemed to survive such

termination.

7. Use of the Convertist Service. You agree that, by submitting your contact information to us,

you are requesting that we contact you to determine if you and/or your company is a good fit

for the Convertist Service. If you and Convertist mutually agree that you are a good fit for the

Service, you agree to the following terms:

a. By providing any information to Convertist, you authorize us to use

that information when reaching out to customers. By way of example, but not

limitation, by providing us with an email or phone number, you authorize us to provide prospects and

potential customers with that phone number. If you do not want us to share information with

prospects or customers, do not provide us with the information.

b. You agree to provide us with all current and future prospects, so that we do not contact

anyone you have already contacted or are planning to contact. You agree to continually update

this information to make the process a smooth one for us and for you.

c. You agree to participate in any weekly or bi-weekly status meetings, the frequency and

particulars of which will be based upon your agreement with us. You agree that these meetings

are scheduled for your benefit, so that we can keep you apprised of our progress and solicit

information that we believe will be helpful in achieving our mutual goals.

d. We will provide you with a list of prospective customers at the beginning of each month. You

agree that, if you do not object to any of these prospects, you are authorizing us to contact

them on your behalf. If you object to any prospects, simply let us know and we will replace them

with new ones.

8. Modifications to Service. Convertist reserves the right at any time to modify or discontinue,

temporarily or permanently, the Service (or any part thereof) with or without notice. You agree

that Convertist shall not be liable to you or to any third party for any modification, suspension or

discontinuance of the Service.

9. Blocking of IP Addresses. In order to protect the integrity of the Services, Convertist reserves

the right at any time in its sole discretion to block Members from certain IP addresses from

accessing the Website.

10. Billing; Subscription.

a. General. Convertist bills you through an online account (your “Billing Account”) for use of the

Service. You agree to pay Convertist all charges at the prices then in effect for any use of the

Service by you or other persons (including your agents) using your Billing Account, and you

authorize Convertist to charge your chosen payment provider (your “Payment Method”) for the

Service. You agree to make payment using that selected Payment Method. Convertist reserves

the right to correct any errors or mistakes that it makes even if it has already requested or

received payment.

b. Recurring Billing. Our subscription plans to the Service consist of an initial period, for which

there is a one-time charge, followed by recurring period charges as agreed to by you. By

entering into this Agreement, you acknowledge that your subscription has an initial and

recurring payment feature and you accept responsibility for all recurring charges prior to

cancellation. Convertist may submit periodic charges (e.g. monthly) without further

authorization from you, until you provide prior notice (confirmed in writing by Convertist) that

you have terminated this authorization or wish to change your payment method. Such notice

will not affect charges submitted before Convertist could reasonably act. Contact Convertist at

team@convertist.com to change your payment method or cancel your paid membership by a

provider of your chosen Payment Method (the “Payment Method Provider”). For your

convenience, we take your payment information so that your Convertist membership will not be

interrupted. We auto-renew your membership at the level you selected. Your Convertist

subscription will be automatically extended for successive renewal periods of the same duration

as the subscription term originally selected, at the then-current non-promotional subscription

rate (if applicable). To cancel, change or resign your subscription at any time, simply email us at

team@convertist.com and we will cancel your account as soon as practicable. If you resign,

you may use your subscription until the end of your then-current subscription term; your

subscription will not be renewed after your then-current term expires. However, you will not be

eligible for a prorated refund of any portion of the subscription fee paid for the then-current

subscription period unless otherwise agreed by Convertist.

c. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE

INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL

INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH

AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION

DATE), AND YOU MUST PROMPTLY NOTIFY CONVERTIST IF YOUR PAYMENT METHOD IS

CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF

SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR

PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU

FAIL TO PROVIDE CONVERTIST ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT

CONVERTIST MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR

BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE

(CONFIRMED BY YOU IN WRITING UPON REQUEST BY CONVERTIST).

d. Payment Method. The terms of your payment will be based on your Payment Method and

may be determined by agreements between you and the financial institution, credit card issuer

or other provider of your chosen payment method.

e. Reaffirmation of Authorization. Your non-termination or continued use of the Service

reaffirms that Convertist is authorized to charge your Payment Method. Convertist may submit

those charges for payment and you will be responsible for such charges. This does not waive

Convertist’s right to seek payment directly from you. Your charges may be payable in advance,

in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

11. Content on Convertist

a. Proprietary Rights. Convertist retains all proprietary rights in the Website and the Service.

The Website contains the copyrighted material, trademarks, and other proprietary information

of Convertist, and its licensors. Except where we have given you express written permission, you

may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary

information. All content on Convertist is proprietary. Except where otherwise specified in this

Agreement, all Content is copyrighted material of Convertist and for Convertist Members' use

only. Distribution of Content to others is strictly prohibited. You agree that Convertist would be

irreparably harmed by any violation or threatened violation of this section and that, therefore,

Convertist shall be entitled to an injunction prohibiting you from any violation or threatened

violation of this section, without posting bond, in addition to any other right or remedy it may

have.

We may provide links to third party websites, and some of the content appearing on Convertist

may be supplied by third parties. Convertist has no responsibility for these third party

websites nor for their content, which is subject to and governed by the terms of use and/or

privacy policies, if any, of the applicable third party content providers.

12. Restrictions on Use of Materials

You acknowledge that Convertist contains certain content, including but not limited to text,

images, audio and video content (collectively, "Content") that are protected by copyrights,

patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are

valid and protected in all forms, media and technologies existing now or hereafter developed.

All Content is copyrighted under the United States copyright laws (and, if applicable, similar

foreign laws), and Convertist owns a copyright in the selection, coordination, arrangement and

enhancement of such Content. All trademarks appearing on this Website are trademarks of their

respective owners. You may not modify, publish, transmit, distribute, perform, participate in the

transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or

in part. When Content is downloaded to your computer, you do not obtain any ownership

interest in such Content. Modification of the Content or use of the Content for any other

purpose, including, but not limited to, use of any Content in printed form or on any other

website or networked computer environment is strictly prohibited unless you receive our prior

written consent.

 

13. Repeat Infringers

Convertist will suspend or terminate your access to the Website if Convertist determines, in its

sole and reasonable discretion, that you have repeatedly breached these Terms of Use.

If we receive a valid notification from a third party in accordance with our reporting processes or

applicable law that any of Your Content infringes the copyright or other rights of such third

party, or if we believe that your behavior is inappropriate and violates our Terms of Use, we will

send you a written warning to this effect. Any user that receives more than two of these

warnings is liable to have their access to the Website terminated forthwith.

We will also suspend or terminate your account without warning if ordered to do so by a court,

and/or in other appropriate circumstances, as determined by Convertist at its sole discretion.

14. Limitation of Liability. In no event shall Convertist be liable for any damages whatsoever,

whether direct, indirect, general, special, compensatory, consequential, and/or incidental,

arising out of or relating to the Website or Service, or use thereof. Nothing contained in this

Website or in any written or oral communications from Convertist or its employees or agents

shall be construed to make any promise, covenant, warranty, or guaranty, all of which are

explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this

paragraph.

You agree that sales is an inherently uncertain process, and that, while we will make every

reasonable effort to produce favorable results, we cannot and do not guarantee that we will

obtain any result on your behalf. We offer no guarantees, including without limitation the

number of sales we will obtain on your behalf, any dollar amount you can expect to receive as a

result of our work, how long it will take us to obtain results, or the type of customer that we will

obtain on your behalf. By signing up with Convertist you agree and affirm that you are assuming

the risk inherent in the sales process.

 

The content and functionality on the Website and the services provided by employees of the

Website are offered "as is" without warranty of any kind, either express or implied, including,

without limitation, implied warranties of merchantability, fitness for a particular purpose, title

and non-infringement. Convertist makes no warranties, express or implied, as to the ownership,

accuracy, completeness or adequacy of the Website content or that the functionality of the

Website will be uninterrupted or error-free or free from virus or third party attack. You hereby

acknowledge that your use of this Website and the Service is at your sole risk. UNDER NO

CIRCUMSTANCES SHALL CONVERTIST, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND

THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING

DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT

DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR

SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR

VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF CONVERTIST HAS

BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE

THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL

CONVERTIST HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL,

INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR

RELATING TO THE AGREEMENT, WEBSITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO

LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE,

EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY

OTHER DAMAGES OR LOSSES, EVEN IF CONVERTIST HAS BEEN ADVISED OF THE POSSIBILITY

THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE,

INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the

greatest extent permitted by law, you agree that the entire aggregate liability of Convertist and

sole remedy available to any Member in any case in any way arising out of or relating to the

Agreement, Website or the Service shall be limited to monetary damages that in the aggregate

may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user

to Convertist during the six months prior to notice to Convertist of the dispute for which the

remedy is sought.

15. Indemnity by You. You agree to indemnify and hold Convertist, its subsidiaries, affiliates,

officers, agents, and other partners and employees, harmless from any loss, liability, claim, or

demand, including reasonable attorneys' fees, arising out of or related to:

a. your use of the Service and/or Website in violation of this Agreement and/or arising from a

breach of this Agreement including without limitation your representations and warranties set

forth above;

b. any third party claim of infringement of copyright or other intellectual property rights or

invasion of privacy arising from the hosting of Your Content on the Website, and/or your making

available thereof to other users of the Website, and/or the actual use of Your Content by other

users of the Website or related services in accordance with these Terms of Use and the

parameters set by you with respect to the distribution and sharing of Your Content;

c. any activity related to your account, be it by you or by any other person accessing your

account with or without your consent unless such activity was caused by the act or default of

Convertist.

16. Attorney Fees. In the event that Convertist is successful in whole or in part in any action or

proceeding related to or arising from this Agreement, you shall be responsible for Convertist's

attorneys' fees and costs.

17. Parental or Guardian Permission

Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER

THE AGE OF 18 ARE NOT PERMITTED TO USE THIS WEBSITE UNLESS A SUPERVISING PARENT OR

GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO

SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE CONVERTIST THEIR EMAIL ADDRESS OR ANY

OTHER PERSONALLY IDENTIFIABLE INFORMATION.

18. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy,

located at http://www.convertist.com/#!terms-of-service/

19. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the

Website and/or the Service, by using the Website and/or Service, you expressly agree that any

such dispute shall be governed by the laws of the State of Delaware, without regard to its

conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and

venue of the state and federal courts of the State of Delaware, for the resolution of any such

dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to

be sued in such courts and to accept service of process outside the State of Delaware with the

same force and effect as if such service had been made within the State of Delaware. You

hereby agree to accept service of process for any action hereunder by certified mail return

receipt requested which service shall have the same force and effect as though service had been

effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful,

void, or unenforceable, that part will be deemed severable and will not affect the validity and

enforceability of the remaining provisions.

20. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of

using the Website and/or Service, you agree that any and all disputes, claims and causes of

action (collectively, "Claim") arising out of or connected with the Website and/or Service, shall

be resolved individually, without resort to any form of class action, exclusively by binding

arbitration under the rules of the American Arbitration Association for full and final settlement

of such Claim, and judgment on the award rendered in the arbitration may be entered in any

court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for

Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration

Association or other mutually agreeable organization, before a single arbitrator (with knowledge

and expertise of copyright law if the claim is all or partially for copyright infringement), selected

by agreement of both parties or by an independent mediator (with knowledge and expertise of

copyright law if the claim is all or partially for copyright infringement) if the parties are unable to

agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the

arbitrator(s) may be entered and confirmed by the courts of the State of Delaware, County of

Kent, or the United States District Court for the District of Delaware. The parties agree that any

post-arbitration action seeking to enforce an arbitration award or action seeking equitable or

injunctive relief shall be brought exclusively in the courts of the State of Delaware, County of

Kent, or the United States District Court for the District of Delaware.

21. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this

Agreement, there shall be no third party beneficiaries to this Agreement.

22. Availability Outside the U.S.

If you access Convertist from outside of the United States, you do so at your own risk and are

responsible for compliance with the laws of your jurisdiction. If you access the Website from

outside of the United States, you acknowledge that any personal information you provide will be

processed in the United States and other geographies as selected by us in our sole discretion,

and you hereby consent to the collection and processing of your personal information in a

manner consistent with this Agreement and the Privacy Policy.

23. Entire Agreement

This Agreement contains the entire agreement between you and Convertist regarding the use of

the Website and/or the Service.

24. Severability; Waiver

If any provision of this Agreement is found to be invalid by any court having competent

jurisdiction, the invalidity of such provision shall not affect the validity of the remaining

provisions of this Agreement, which shall remain in full force and effect. No waiver of any term

of this Agreement shall be deemed a further or continuing waiver of such term or any other

term. In addition, Convertist's failure to enforce any term of this Agreement shall not be

deemed as a waiver of such term or otherwise affect Convertist's ability to enforce such term at

any point in the future.

25. Headings

The section headings contained in this Agreement are for reference purposes only and shall not

in any way affect the meaning or interpretation of this Agreement.

Please contact us with any questions regarding this agreement. Convertist is a trademark of

Convertist LLC.

 

Call

(415) 569-0615 

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© 2019

Convertist Team

© 2019 Convertist