FOR THE BETTERMENT OF ALL
Company may change these Terms at any time, so you should review them each time before placing a Product order or otherwise using the Services. Each time you place a Product order, the Terms then in place will apply.
If you are accessing or using the Services or placing orders for Products on behalf of a person or an organization, you are agreeing to these Terms for that person or organization and promising to Company that you have the authority to bind that person or organization to these Terms (in which event, “you” and “your” will refer to that person or organization, as applicable). You may access and use the Services only in compliance with these Terms, and only if you have the power to form a contract with Company and are not barred under any applicable laws from doing so.
No Warranties and Limited Liability; Arbitration: These Terms provide you with certain legal rights, but you may have other, additional legal rights, which vary from jurisdiction to jurisdiction. Please note that Company doesn't provide warranties for the Services, and these Terms limit our liability to you. Please see Sections 4 and 5 for details. Some jurisdictions do not permit the exclusion of implied warranties or the exclusion or limitation of certain damages or other rights, so those provisions of these Terms may not apply to you. These Terms require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please see Section 7 for details, including instructions to follow to opt out of binding arbitration and the class action waiver.
1. Use of Services and Accounts.
1.1 Use of and Access to Services; Open Source. (a) Subject to your continued compliance with these Terms, Company grants you on a non-exclusive, non-transferable, and non-sublicensable right to access and use the Services online through the Web Apps. Company reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Services at any time. We may add or remove functionalities or features, or suspend or stop the Services altogether, at any time, and without prior notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part of the Services. (b) Certain portions of the Services contain open source software (“Open Source Components”) that are licensed under the terms of the applicable open source licenses. The terms of the applicable licenses of the Open Source Components take precedence over the terms of these Terms, only to the extent the terms of these Terms are not permitted by the applicable licenses of the Open Source Components.
1.2 Accounts. To use the Services to purchase Products, you may be required to register for a user account by providing accurate and complete registration information. You will not permit any other person to use your account. You are responsible for the security of your passwords and for any use of your account. Company reserves the right to restrict who is eligible for an account. Company reserves the right to reject or revoke your account, in Company’s sole discretion, at any time without liability. Only individuals age 18 and older are permitted to use the Services. You acknowledge that you are authorized to place an order and to perform any other legal acts required of you under these Terms. Age limits may apply to your use of the Site, including purchases.
1.3 Restrictions. You will not (and will not allow others to): (a) publish, copy, rent, lease, lend, sell, license, distribute, host or otherwise commercially exploit the Services, (b) access the Services in order to build a similar or competitive service or other commercial offering or for any other purposes, (c) remove any product identification, proprietary, copyright, or other notices contained in or displayed with the Services, (d) assign or transfer the Services, (e) work around any technical or security restrictions or limitations in the Services, (f) modify, create derivative works of, reverse engineer, decompile, or disassemble any part of the Services, except to the extent the foregoing restrictions are prohibited by applicable law or by the licensing terms governing the use of Open Source Components that may be included with the Services, (g) copy, reproduce, distribute, download, display, or transmit the Services (or any portion of the Services) in any form or by any means, except as expressly permitted by these Terms, (h) use any Internet-based features in any way that could interfere with others’ use of them or to try to gain access to or use any service, data, account, or network in an unauthorized manner, (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Device, or any other system, device or property, or (j) access or attempt to access any of the Services by means other than an interface provided by Company.
1.4 Ownership. Except for the limited license rights expressly provided in these Terms, Company and its licensors have and will retain all rights, title, and interest (including all intellectual property rights) in and to the Services. Any suggestions, information or feedback provided by you to Company regarding the Services or Products (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Services or Products or any ratings or reviews of the Services or Products) or materials you post or submit to the Services for review by the general public (each a “Submission” and collectively “Submissions”) is voluntary, and you hereby grant to Company a world-wide, royalty free, irrevocable, transferable, perpetual license to use (and authorize others to use) any Submission without restriction. Company is not obligated to post or use any Submission provided by you, and Company may, in its sole discretion, remove any Submission at any time. By providing, posting or submitting a Submission to Company or the Service, you represent and warrant that you own or otherwise have all necessary rights to provide, post or submit such Submission. You will not provide, post or submit any Submissions that: (a) contain any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information, or (b) infringe any right of a third party, including intellectual property rights, or violate any applicable laws or regulations.
1.6 Internet-Based Components. Some features of the Services may require connection to the Internet in order to function or third party products, such as mobile operating systems and mobile devices. Such features may result in the transfer of certain data over such connections, which may or may not be secure or encrypted. You are solely responsible for obtaining (and paying for) any necessary Internet access, communication carriers charges, and third party devices. Company is not responsible for the availability of Internet connections or the security or integrity of data transmitted over such connections.
2. Term and Termination.
These Terms will remain in effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. Without limiting any other provisions in these Terms, Company may: (a) suspend or terminate your rights to access or use the Services, or (b) terminate these Terms with respect to you if Company in good faith believes that you have used the Services in violation of these Terms. Your account and the limited right to access and use the Services under Section 1 of these Terms will automatically terminate upon the termination of these Terms.
Sections 1.3, 1.4, 3.7, 3.8, 4, 5, 6, 7, 8 and 9 survive any expiration or termination of these Terms.
3. Product Purchase Terms.
3.1 Additional Product Terms. The purchase of the Products is subject to the Shipping Policy.
3.2 Prices & Payment. (a) Company reserves the right to change prices for Products displayed on the Services at any time. All prices are shown in Sri Lankan Rupees. Unless stated otherwise, prices shown on the Services exclude taxes or charges (“Taxes”) that may apply to your purchase. Prices shown on the Services may exclude delivery costs. Domestic Taxes and domestic delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page. Additional costs or fees may be imposed on international orders, such as import duties, international Taxes and carrier/shipping fees, and these may be in addition to the amounts collected online by Company. You are solely responsible for paying such Taxes and costs. (b) Company accepts certain credit and debit cards as payment methods for Product orders placed through the Services. If you are paying with an international payment card, the purchase price may fluctuate with exchange rates and your payment card issuer may also charge you foreign conversion charges and fees. By providing Company with a credit card or other payment method that Company accepts, you: (a) represent that you are authorized to use the payment method that you provided, and that any payment information you provide is true and accurate; and (b) authorize Company (or its third-party payment processor) to charge your payment method for any Products purchased using your payment method. Third-party provided payment methods, such as PayPal, may be subject to that third party’s terms and conditions. Your payment method will be charged when the Product has shipped. If you cancel your order before the Products are billed, any authorizations in place on your payment method account may take several days to expire. If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem Company encounters to proceed with your order.
3.3 Order Acceptance & Confirmation. Company may, in its sole discretion, refuse or cancel any order and limit order quantity. Company may also require additional qualifying information prior to accepting or processing any order. Once your order is received, Company will provide you with an email order confirmation. The order confirmation does not operate at Company’s acceptance of your order, nor does it constitute confirmation of Company’s offer to sell; instead, the email confirmation is merely a confirmation that Company received your order. Company reserves the right at any time after receiving your order to accept or decline your order, or part of your order, for any reason. If Company cancels an order, or a part thereof, after you have already been billed, Company will refund the billed amount.
3.4 Shipping. (a) Products purchased through the Services will be shipped in accordance with the Company’s Shipping Policy. Prices for the Products do not include shipping costs, though Company may offer free shipping on certain Products from time to time. Products marked with 'Free Shipping On Orders $49 and Up' may qualify for free standard economy ground shipping to the contiguous United States for orders with a value greater or equal to US$49.00. Oversized Products, direct ship Products and Products consisting of hazardous materials are excluded from such offer unless otherwise noted on the Services. Products marked as ‘Free Shipping’ may qualify for free standard economy ground shipping to the contiguous United States. Oversized and direct ship Products are excluded from such offer unless otherwise noted on the Services. Applicable delivery charges and methods are as described on the Services from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to us and it may take up to 45 days for the returned items to be identified as refused and processed for a refund. (b) Damaged Items in Shipment. If a shipment contains a damaged Product, as determined solely by Company or the shipping carrier, Company will replace the damaged Product or issue a refund in the amount of the equal to the original purchase price (at Company’s option) following inspection of the damaged item. If the Product is no longer available, Company may issue a refund in the amount of the equal to the original purchase price plus any shipping fees. You must contact Company’s Customer Service department within 21 days of the original delivery date, retain all of the originally delivered shipping materials and the damaged Product for inspection and cooperate with Company’s Customer Service department and the shipping carrier. Shipping charges are non-refundable except as otherwise stated in these Terms. Freight orders are excluded from this policy as it is your responsibility to confirm the Products are in new condition and without damage before signing for the delivery. (c) Missing Items in Shipment. If a shipment is missing an ordered Product, Company will ship the missing Product to you following inspection of the claim. You must contact Company’s Customer Service department within 30 days of the shipment delivery date to report the missing Product, retain all the originally delivered shipping materials for inspection and cooperate with Company’s Customer Service department and the shipping carrier. Shipping charges are non-refundable except as otherwise stated in these Terms. Freight orders are excluded from this policy as it is your responsibility to confirm that the order is complete before signing for the delivery.
3.5 Product Availability & Limitations. Company reserves the right to change Product quantities available at any time, even after you place an order. There may be times when Company confirms your order but subsequently learns that it is unable to supply the ordered Product; in the event Company cannot supply a Product you ordered, Company will cancel the portion of the order corresponding to such Product and refund such Product purchase price in full.
3.6 Geographic Availability & International Orders. Available Products may vary depending on your shipping address and there may be limits on where Company or its suppliers can ship products. To complete your purchase, you may be required to have a valid billing and shipping address within the country where you are purchasing. For non Sri Lankan orders, the importing country may impose duties, additional fees or other taxes; all such duties, fees and taxes are your sole responsibility and any such charges incurred by Company will be charged to your payment card.
3.7 Return Policy. (a) Refund. For any new, unused and non-custom Product purchased from the Services, you may return it (in original packaging, with all its included accessories, hardware, labeling and manuals) within 90 days of the original ship date, and Company will offer a refund based upon the original payment method used to purchase the returned Product. To initiate a return of an undamaged Product, please follow the Return Process instructions. Company will refund the price you paid for the Product within 30 days after Company’s receipt of the returned Product, subject to a 15% restocking fee if the returned item is a non-stocked item. Original shipping costs are non-refundable and you are responsible for return shipping charges, unless Company shipped you the wrong Product. Company will not accept COD deliveries. Company does not take titled to returned Products until such Product arrives at Company’s warehouse. (b) Store Credit. For any new, unused and non-custom Product purchased from the Services returned after 90 days of the original ship date and before the one-year anniversary of the original ship date, you may return it (in original packaging, with all its included accessories, hardware, labeling and manuals) and Company will issue a store credit refund in the amount equal to the price you paid for the Product, subject to a 15% restocking fee if the returned item is a non-stocked item. All in store credit balances will expire after one year from the original purchase date. To initiate a return of an undamaged Product, please follow the Return Process instructions. Original shipping costs are non-refundable and you are responsible for return shipping charges, unless Company shipped you the wrong Product. Company will not accept COD deliveries. Company does not take titled to returned Products until such Product arrives at Company’s warehouse. (c) Refund of Core Charge. The purchase price for some Products includes a core charge (“Core Charge”). When you return such used Products to Company within 30 days of the original purchase date (or such later time period as permitted by Company in its sole discretion), Company will offer a refund of the Core Charge based upon the original payment method used to purchase the returned Product. To receive the Core Charge refund, the old Product must be returned to Company in the original packaging and the Product must be (in Company’s or manufacturer’s sole discretion) in a rebuildable condition without any damage or structural harm and must include all original components. To initiate a return of a used Product that was subject to a Core Charge, please follow the Return Process instructions. You are responsible for return shipping charges.
3.8 1 Year Limited Warranty for Certain Products. In addition to any warranty provided by the Product manufacturer, Company warrants to the original purchaser that the Product will be free from defects in materials and workmanship, under normal use in compliance with the manufacturer’s suggested use, for a period of 1 year from the date of first purchase from Company by the original purchaser (“Warranty Period”). If at any time during the Warranty Period the Product fails to conform to this Limited Warranty, as determined solely by Company or the Product manufacturer, Company will either repair or replace (at Company’s option) the defective Product. Repair or replacement may be made with new or refurbished Products or component parts (at Company’s option). If the Product or component part is no longer available, Company may replace the Product with a similar product with a similar function (at Company’s option). Any Product repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of (a) the remaining Warranty Period or (b) 90 days from date of delivery of the repaired or replacement Product. This Limited Warranty is not transferable from the original purchaser to the subsequent owners. You are responsible for all shipping charges associated with returning a Product for warranty inspection. (a) Obtaining Warranty Service: If the Product is defective, please follow the Return Process instructions. (b) What this Limited Warranty Does Not Cover: This Limited Warranty does not cover Product removal or reinstallation costs. This Limited Warranty will not apply (a) if the defect was caused by damage that occurred while the Product was in the consumer’s possession or by abuse, misuse, or improper handling, maintenance, installation or repair of the Product; (b) to modified Products; (c) to Products used or installed against the manufacturer’s suggested use; (d) to Products consisting of brake components (e.g., brake pads, rotors, etc.), clutch components (e.g., flywheels, disk, pressure plate, etc.) or electronical components (e.g., sensors, switches, bulbs, etc.); (e) to Products consisting of genuine OEM products shipped outside of the United States; (f) to Products sold “AS IS” or sold under clearance pricing or sold subject to a limited time sale or marked “sample”; (g) to Product defects or destruction caused by acts of God, including but not limited to lightening, flooding, tornado or earthquake; or (h) for wear and tear expected to occur during the normal course of use. The limited remedies described herein are your sole and exclusive remedy and Company’s sole responsibility under this Limited Warranty. This Limited Warranty provides you with certain legal rights, but you may have other, additional legal rights, which vary from jurisdiction to jurisdiction. Some jurisdictions do not permit the exclusion of implied warranties or the exclusion or limitation of certain damages or other rights, so those terms of this Limited Warranty may not apply to you.
4. Warranty Disclaimer; Third Party Services.
4.1 Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ALL PRODUCTS PURCHASED THROUGH THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS UNLESS OTHERWISE NOTED IN THE MANUFACTURER’S WARRANTY THAT IS INCLUDED WITH A PRODUCT OR THE COMPANY’S PRODUCT WARRANTY POLICY IN SECTION 3.8. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS LICENSORS AND SERVICE PROVIDERS MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTY THAT (I) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, TIMELY, OR SECURE, OR (II) ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE USE OF THE SERVICES WILL BE ACCURATE, TIMELY OR ERROR-FREE, (B) ANY IMPLIED WARRANTY OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. YOUR USE OF THE SERVICES AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR, AND COMPANY DISCLAIMS, ANY AND ALL LOSS, LIABILITY, OR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES AND ANY DATA INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES. SOME OF THE PRODUCTS ARE INTENDED FOR OFF-ROAD USE ONLY. YOU SHOULD CHECK THE LAWS APPLICABLE TO THE LOCATION WHERE YOU INTEND TO USE THE PRODUCT TO INSURE ITS USE IS LEGALLY PERMITTED IN SUCH LOCATION PRIOR TO ORDERING SUCH PRODUCT.
4.3 App Stores. The availability of the Mobile Apps is dependent on the availability of the third party mobile application store (e.g., Apple, Inc.’s App Store or Google, Inc.’s Google Play Store) where you download the Mobile Apps (each, an “App Store”). App Stores are considered Third Party Services. You may be required to accept and abide by the terms and conditions of an App Store to download and use any Mobile App. You will comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, applicable App Store terms and conditions. You acknowledge that an App Store is not responsible for any support and maintenance services with respect to the Mobile App. If any Mobile App fails to conform to any applicable warranty provided under these Terms or under applicable law, you acknowledge that no App Store has any warranty obligation except to the extent required by applicable law. You acknowledge that as between JCI and an App Store, JCI is responsible for addressing any third party claims related to the Mobile Apps and your possession or use of the Mobile Apps. You acknowledge that the owners of the App Stores, including their affiliates, are third party beneficiaries to these Terms, and that upon your acceptance to these Terms, each App Store that you use to obtain the Mobile Apps will have the right (and will be deemed to have accepted such right) to enforce these Terms against you as a third party beneficiary of these Terms with respect to the Mobile Apps. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
5. Limitation of Liability.
Some jurisdictions do not permit the exclusion or limitation of certain damages or other rights, so those provisions of these Terms may not apply to you. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL (A) COMPANY (OR ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INFORMATION, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF, BASED ON, OR RESULTING FROM THE USE OF THE SERVICES, THE USE OR INABILITY TO USE ANY PRODUCTS, THESE TERMS, OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR THE PRODUCTS, EVEN IF YOU OR COMPANY (OR ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES) AND (B) COMPANY (OR ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSORS) LIABILITY IN CONNECTION WITH THE SERVICES, THESE TERMS, OR THE PRODUCTS WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING GROSS NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY YOU. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTION 5 DO NOT APPLY TO LIABILITIES THAT ARISE FROM THE UNAUTHORIZED USE OF INTELLECTUAL PROPERTY OR THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS, SUCH AS IN THE EVENT OF STATUTORILY MANDATED LIABILITY (INCLUDING LIABILITY UNDER APPLICABLE PRODUCT LIABILITY LAW) OR IN THE EVENT OF PERSONAL INJURY, DEATH OR PROPERTY DAMAGE. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
You will indemnify, hold harmless and defend Company, its licensors and service providers from any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Company arising out of or relating to: (a) your breach of any term or condition of these Terms, (b) your use or misuse of the Services, or (c) violations of any laws, rules or regulations applicable to your use of the Services. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you will cooperate with Company’s defense of such claims. You will not settle any such claim without Company’s prior written consent.
7. Disputes and Arbitration.
7.1 Any dispute or claim relating in any way to these Terms or your access or use of any Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow the provisions of these Terms as a court would.
7.2 To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Company, Attention: Legal Department; MBShare (pvt) ltd 72/20 A.B Dhamunupola Mawatha, Kandy, Sri Lanka. Your notice to Company must: (a) provide your name, mailing address, and email address, (b) describe the dispute, and (c) state the relief you are requesting. The arbitration will be conducted by the Sri Lanka Arbitration Association (“SAA”) under its rules, including the SAA's Supplementary Procedures for Consumer-Related Disputes. The SAA's rules are available at www.adr.lk. Payment of all filing, administration and arbitrator fees will be governed by the SAA’s rules. Company will reimburse those fees for claims totaling less than Rs.100,000/- unless the arbitrator determines the claims are frivolous. Company will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at either a mutually agreed location or the state (or province) in which you purchased the Product.
7.3 WAIVER OF CLASS ACTIONS. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in a state or federal court in Delaware to enjoin infringement or other misuse of intellectual property rights.
7.4 OPTION TO OPT-OUT. To opt out of the arbitration and class-action waiver terms in this Section 7, you must notify Company in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). You must mail your written notification to Company, Attention: Legal Department to the address in Section 7.2. Subject to Section 7.5, if you do not notify Company as outlined in this Section 7.4, you agree to be bound by the arbitration and class-action waiver provisions herein, including such provisions in any Terms revised after the date of your first acceptance.
7.5 You may reject any change Company makes to Section 7 (except address changes) by sending Company written notice within 30 days of the change by mail to the address in Section 7.2. If you do, the most recent version of Section 7 before the change you rejected will apply. It is not necessary to send Company a rejection of a future change to this Section 7 if you had properly opted out of the arbitration and class-action waiver provisions in this Section 7 within the first 30 days after you first accepted these Terms.
8. General Legal Terms and Contact Information.
8.1 Changes to Terms. Company may change these Terms at any time by posting the amended Terms on the Services. Any changes to these Terms will be effective upon posting the revised version of these Terms on the Services (or such later effective date as may be indicated at the top of the revised Terms). We may also notify you via the Services or by email to the email address associated with your Account. If you do not agree to the Terms as amended, you must stop using the Services and cancel your account. Your continued use of the Services after the date the amended Terms are posted will constitute your acceptance of the amended Terms.
8.2 Governing Law. You agree that these Terms, and any claim, dispute, action, or issue arising out of or relating to these Terms or your use of the Products and Services is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware without reference to conflict of laws principles. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal jurisdiction of the state and federal courts in or for Delaware for litigating all such claims or disputes. Notwithstanding the foregoing, Company may seek injunctive or other equitable relief to protect its (or its licensors or service providers’) confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
8.3 Notice. Company may need to communicate with you from time to time regarding these Terms or the Services. Company may provide such notice to you via email to the email address you provided to Company or on the Services. You may contact Company at MBShare (pvt) ltd 72/20 A.B Dhamunupola Mawatha, Kandy, Sri Lanka.
8.4 Entire Agreement. These Terms are the complete and entire understanding and agreement between Company and you regarding the Services and supersede all previous or contemporaneous written and oral agreements and communications relating to the subject matter of these Terms, all of which are merged into these Terms.
8.5 No Waiver. All waivers by Company will be effective only if provided in writing. Any failure or delay by Company to strictly enforce any provision of these Terms will not operate as a waiver of that provision, any other provision, or any subsequent breach of that or any other provision.
8.6 Severability. Each provision in these Terms constitutes a separate and distinct provision severable from all other provisions. If any provision (or any part of a provision) is unenforceable under or prohibited by any present or future law, then the unenforceable provision (or part of the unenforceable provision) is amended to be in compliance with such law, while preserving the intent of the original provision to the extent possible. Any provision (or part of a provision) that cannot be amended will be severed from these Terms, and all the remaining provisions of these Terms will continue in full force and effect.
8.7 Assignment. These Terms and any associated rights or obligations may not be assigned or otherwise transferred by you without Company’s prior written consent. These Terms may be assigned by Company without restriction. These Terms are binding upon any permitted assignee.
8.8 Proprietary Rights. Copyright © 2021 MBShare (pvt) ltd. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of Company or of their respective owners. You are not permitted to use any of the Marks without the applicable prior written consent of Company or such respective owners.
8.9 Export Compliance. The Services are subject to the export control laws, regulations and orders of the United States and may be subject to the export or import control laws and regulations of other countries. You will comply with all such laws and regulations that apply to the Services. These laws include restrictions on destinations, end users, and end use. You represent and warrant that you: (a) are not a citizen, national or resident of, nor under the control of, the government of Cuba, Iran, North Korea, Syria, Sudan, or any other country to which the United States has prohibited export, (b) are not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor listed on the United States Department of Commerce Table of Denial Orders, nor any other United States Government exclusion lists, (c) are not under the control of or an agent for anyone on such lists or the entities listed above, (d) will not export or re-export any portion of the Services, directly, or indirectly, to the above-mentioned countries or to citizens, nationals, or residents of those countries or to persons on the above mentioned lists, and (e) will not use the Services for, and will not allow the Services to be used for, any purposes prohibited by United States law, including for the development, design, manufacture, or production of nuclear, chemical, or biological weapons of mass destruction.
8.10 Government End Users. The Services are comprised of commercial computer software. If you are an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Services, or any related documentation of any kind, including technical data and manuals, is restricted by these Terms in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Services and software contained therein were developed fully at private expense. All other use is prohibited.
8.11 Force Majeure. Company is not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond Company’s reasonable control, including acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
9. Copyright Infringement.
If you are a copyright owner or an agent of a copyright owner and believe that information or any other material has been used on the Services in a manner that constitutes copyright infringement of your copyright(s), you may submit a written notification (“Notification”) pursuant to the Digital Millennium Copyright Act to Company’s designated agent at: Legal Department, MBShare (pvt) ltd 72/20 A.B Dhamunupola Mawatha, Kandy, Sri Lanka. Email: email@example.com To be effective, the Notification must include:
an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed (or if multiple works at a single online site are covered by a single Notification, a representative list of such works);
a description of where the allegedly infringing material is located on the Services; • your address, telephone number, or e-mail address where you may be contacted;
a statement of your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
a statement by you, under penalty of perjury, that the information in your Notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.