TERMS AND CONDITIONS
Version number: 1.0.
Effective date: FEBRUARY 23rd 2021
1. Who we are
1.1 We are Patrick Wells Media Limited. Our company information is at the end of this document.
2. What this is all about
2.1 These are our terms and conditions which apply to our Service (explained below). We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
3. Some definitions
3.1 Here are some definitions which are used in this document (all capitalised):
· “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
· “Content” - all information of whatever kind (including posts, comments, images, photos, audio, video, course materials, patterns, advertisements, messages etc).
· “Service” –the service we offer by means of our website and any related software and services.
· “User” - persons or organisations using our Service (whether or not registered with us).
4. IMPORTANT WARNING
4.1 Neither we, nor any instructors or others who appeared in or produced the videos, guarantee that the videos or other Content on our Service are accurate, complete or up to date and legal responsibility for them is not accepted. You rely on such information at your own risk. The information is not intended as professional or other advice and is not tailored to your personal circumstances. Nor is it intended to be a substitute for possession of an appropriate level of training, qualifications, skill and experience in the matters covered insofar as this is required.
5. How you enter a legal contract with us
5.1 Your order is an offer to enter a legal contract with us to use our Service.
5.2 You place your order by using the ordering process on our site. This involves sending your order to us by clicking on the “Pay Now” or equivalent button. You can check and amend any errors before making an order by using the change function and/or the internet browser back button.
5.3 We accept your offer and there is a binding legal contract when we send you a confirmation email.
5.4 By browsing the free part of our Service, you are also bound by these terms to the extent they are relevant.
6. Consumer right to cancel (“cooling off”)
6.1 If you are a Consumer living in the European Economic Area, you have the right to cancel this contract subject to what we say below.
6.2 However, you lose the right to cancel where the supply of digital content began before the end of cancellation period with your specific agreement and you acknowledged that your right to cancel would be lost in such case.
6.3 If you do have the right to cancel, please see the instructions at the end of this document.
7. Changing these terms and conditions
7.1 We may change these terms and conditions by giving you at least 15 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by email and/or in-app message and by posting the new version on our website.
7.2 If you don’t agree to the new terms, you can email us (to the address below) to end this contract on the day before the new terms take effect. Otherwise, the new terms will apply.
8. Your right to use our Service
8.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.
9. Who can use our Service?
9.1 You must not use, or attempt to register on, our Service if you are below 18 years of age.
10. Things you can’t do on our Service
10.1 You agree not to do any of the following in connection with the Service:
· break the law or infringe anyone else’s rights;
· victimise or harass other people;
· use offensive, obscene, abusive or other inappropriate language;
· deceive or mislead anyone;
· provide any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent or you are their parent/guardian;
· impersonate anyone;
· link to unlawful or otherwise inappropriate content;
· use the Service with a view to competing with us or infringing our rights;
· disrupt our Service, e.g spam, viruses or phishing;
· interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
· intercept or modify communications;
· impose an unreasonable load on our Service;
· get around any security or other features including those designed to stop copying of Content; or
· attempt, encourage or assist any of the above.
10.2 You agree to:
· comply with any rules or requirements on our Service;
· promptly comply with any reasonable request or instruction by us in connection with the Service; and
· ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes.
11. If you upload Content to our Service (e.g., commenting on videos) …
11.1 You are responsible for your Content.
11.2 You promise you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
11.3 We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
12. Dealing with other Users…
12.1 You accept that we have no obligation to vet or monitor Users. We accept no legal responsibility in connection with any dealings between Users.
12.2 You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service.
13. Other peoples’ services / advertising / websites
13.1 We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
13.2 You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.
14. If you create an account on our Service
14.1 Unless otherwise specifically stated on our Service, your account is for your personal use only. You must not allow any other person to use your account. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).
15. Paying us
15.1 One-off payments and subscriptions are as specified on our Service. Payment is in advance.
15.2 The prices shown on our website include any applicable VAT unless we say otherwise.
15.3 If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
15.4 Where stated on our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund (unless Consumer cooling off rights apply). You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.
15.5 We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should end your subscription by following the instructions on our Service. Otherwise the next renewal of your subscription after the one month’s notice will be at the new price.
15.6 You must contact us immediately with full details if you dispute any payment.
16. About discount codes
16.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
16.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
17. Ending or suspending this contract
17.1 This contract automatically ends if you stop your monthly / annual subscription or it expires (assuming you haven’t purchased any other kind of access to our Service).
17.2 You may at any time end this contract by emailing us to the email address shown below or deleting your account in accordance with the instructions on our Service. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.)
17.3 We are entitled at any time to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
· you break this contract;
· any fees payable by you are unpaid / unjustifiably charged back;
· acting reasonably, we think that it is necessary to protect us or others;
· we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
· you or anyone on your behalf acts inappropriately towards our staff.
17.4 We are entitled at any time to end this contract if we terminate our Service as a whole or if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
17.5 If this contract ends:
· Your right to use our Service and all licences are terminated.
· Existing rights and liabilities are unaffected.
· All clauses in this contract which are stated or intended to continue after termination will continue to apply.
18. Restrictions on our legal responsibility – very important
18.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
18.2 If you are a Consumer, we shall not be liable for any loss or damage where:
· there is no breach of a legal duty owed to you by us;
· such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
· (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
· such loss or damage relates to a business of yours.
18.3 If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
18.4 The following clauses apply only if you are not a Consumer:
· Our liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total fees paid or payable by you to us in connection with the relevant course.
· In no event (including our own negligence) will we be liable for any:
· economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
· loss of goodwill or reputation;
· special, indirect or consequential losses; or
· damage to or loss of data
(even if we have been advised of the possibility of such losses).
· You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
· To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
· This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
19. Intellectual property rights (e.g. copyright)
19.1 The intellectual property rights in all material used on or in connection with our Service (including videos) are owned by us or by our partners or suppliers. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
19.2 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
19.3 If you upload any Content for display on our Service, you retain ownership of the intellectual property rights. You allow us at no cost, and forever, to use and adapt all or part of such material however we wish on our Service.
20. If our Service doesn’t work properly
20.1 We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
20.2 You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
21. Things we can’t control
21.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
22. Transferring this contract to someone else
22.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
24. English law and courts
24.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
25. General but important information
25.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
26.1 If you have any complaints, please contact us via the contact details shown below.
27. Company information
27.1 Company name: Patrick Wells Media Limited
27.2 Trading name: “Myown2hands.co”
27.3 Country of incorporation: England and Wales.
27.4 Registered number: 09856795
27.5 Registered office and contact address: 1 Beauchamp Court, 10 Victors Way, Barnet, Hertfordshire, EN5 5TZ, UK.
27.6 Contact email address: [email protected]
27.7 Other contact information: See our website / contact page.
RIGHT TO CANCEL (“COOLING OFF”)
The following applies if you have the right to cancel this contract (as explained above):
Right to cancel
1. You have the right to cancel this contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
3. To exercise the right to cancel, you must inform us Patrick Wells Media Limited, 1 Beauchamp Court, 10 Victors Way, Barnet, Hertfordshire, EN5 5TZ, UK (email address above) (of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
5. If you cancel this contract, we will reimburse to you all payments received from you.
6. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
— To Patrick Wells Media Limited, 1 Beauchamp Court, 10 Victors Way, Barnet, Hertfordshire, EN5 5TZ, UK (email address above):
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
28. United States Users
28.1 Please be aware that the following Sections 28-41 apply to Users residing in the United States that access the MyOwn2Hands website (“Site”) or any Services. PLEASE BE AWARE THAT THERE ARE ARBITRATION, CLASS ACTION, LIMITATION OF LIABILITY AND INDEMNIFICATION OBLIGATIONS SET FORTH WITHIN THIS AGREEMENT.
29. Content License
29.1 User’s ability to submit or transmit any information through the Services, including but not limited to data, written content, images, videos, or any other information will be referred to as “User Content” throughout these Terms and Conditions (“Agreement”). Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We take no responsibility for any User Content submitted to the Site and make no endorsements related to any User Content whether express or implied. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Site may be modified, edited, or removed at our discretion.
29.2 When submitting any User Content to our Site you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
29.3 When you submit any User Content to us, you grant us its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for any purpose deemed by us. Additionally, you grant to us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Site any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our Site.
30. User Content Guidelines
30.1 If you have violated any of our User Content Guidelines set forth below or if we believe that any User Content may harm the Site, your access to the Site may be suspended or terminated. Where you believe any users have abused the Content Guidelines, please contact us.
30.2 We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you. Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content. When submitting any User Content you represent and warrant the following:
· You agree that User Content submitted is lawful, truthful, accurate, and not misleading;
· You agree not to submit any User Content that contains any confidential information;
· You agree not to submit any User Content that depicts violence, animal or child abuse, or encourages violence against others;
· You agree not to submit any User Content that contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, economic, nationality, veteran status, or sexual orientation/gender identity;
· You agree not to submit any User Content that is considered spam; and
· You agree not to submit any User Content that may be considered: bullying, illegal, misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
31. Intellectual Property
31.1 The name “Myown2hands.co”, the website along with the design of our website and Services along with any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. We reserve all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site unless we have given express written permission.
32.1 THE SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MYOWN2HANDS, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE SITE OR ANY MYOWN2HANDS SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE SITE; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MYOWN2HANDS, OR VIA THE SITE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. MYOWN2HANDS DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. MYOWN2HANDS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. MYOWN2HANDS DOES NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND MYOWN2HANDS SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
33. Limitation of Liability
33.1 IN NO EVENT SHALL MYOWN2HANDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYOWN2HANDS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY MYOWN2HANDS’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED FIVE HUNDRED USD ($500).
34.1 You agree to defend, indemnify and hold harmless MyOwn2Hands, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (1) your use of and access to the MyOwn2Hands Site or Services; (2)your violation of any term of this Agreement; or (3) your violation of any third party right, including without limitation any copyright, property, or contractual right.
34.2 This defense and indemnification obligation will survive this Agreement and your use of the MyOwn2Hands Site. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
35. Copyright Infringement
35.1 Takedown Notice We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
· Your name.
· The name of the party whose copyright has been infringed, if different from your name.
· The name and description of the work that is being infringed.
· The location on our Site of the infringing copy.
· A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
· A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
· You must sign this notification and email it to our Copyright Agent: FAO Copyright Agent of MyOwn2Hands, [email protected] . Alternatively send it to Copyright Agent of MyOwn2Hands at My Own 2 Hands 1 Beauchamp Court, 10 Victors Way, Barnet, Hertfordshire, EN5 5TZ, UK.
35.2 Counter Notice In the event that you receive a notification from MyOwn2Hands stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice. Your counter-notice must contain the following:
· Your name, address, email and physical or electronic signature.
· The notification reference number (if applicable).
· Identification of the material and its location before it was removed.
· A statement under penalty of perjury that the material was removed by mistake or misidentification.
· Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your representative located (if you are not in the US).
· Your consent to accept service of process from the party who submitted the takedown notice.
· Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice in accordance with the takedown notice instructions above.
36. Choice of Law
36.1 This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.
37.1 Any dispute, relating in any way, to your access or use of our Site or this Agreement shall be submitted to confidential arbitration in Los Angeles, CA. Arbitration under this Agreement shall be conducted pursuant to California law and the applicable Consumer Rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Los Angeles, CA.
37.2 You may opt-out of this dispute resolution provision by notifying MyOwn2Hands within 30 days of the date on which you entered into this Agreement. You must do so by writing to us through the Site or via My Own 2 Hands 1 Beauchamp Court, 10 Victors Way, Barnet, Hertfordshire, EN5 5TZ, UK, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with MyOwn2Hands through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Los Angeles County, CA.
38. Class Action Waiver
38.1 You and MyOwn2Hands agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis and waive all trials by jury. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
39. Export Controls
39.1 The Site and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Site, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
40. California Users
40.1 Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about MyOwn2Hands must be sent to us via the Site contact us page or My Own 2 Hands 1 Beauchamp Court, 10 Victors Way, Barnet, Hertfordshire, EN5 5TZ, UK
40.2 California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
41. Cool Down Period
41.1 The cool down period or the “Right to Cancel” is inapplicable to any United States Users and shall not be offered.
42.1 All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimers, Access, Indemnification, and Arbitration sections.
43.1 We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.