Terms of Use

The terms and conditions of this agreement (the "Terms of Use" or "Terms")govern the access and use of the www.easemble.com website, along with our mobile application and related services (collectively, the "Site"), owned and operated by MTEK Solutions LLC dba Easemble ("Easemble,""we," "us," or "our"), by all visitors and users of the Site ("Users," "you," or "your").

THESETERMS OF USE CONTAIN A MANDATORY AND BINDING INDIVIDUAL ARBITRATION CLAUSE,CLASS ACTION WAIVER, WAIVER OF RIGHT TO A JURY TRIAL, AND OTHER IMPORTANTINFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

Please read these Terms of Use carefully beforeaccessing and using the Site.

1.            Acceptance  

Your access to and use of the Site is conditional on your acceptance of these Terms. By clicking to accept, you agree on your own behalf and on behalf of any organization, entity, or another person on whose behalf you may act, to accept and abide by these Terms for each and every use of the Site. Please do not access or use the Site if you do not agree with these Terms of Use.

By agreeing to these Terms of Use, you also agree to the terms of our Privacy Policy available at https://www.easemble.com/privacy-policy, which is incorporated by reference.  

2.            Updates to these Terms

We reserve the right to modify these Terms at any time by posting an updated version on the Site. At our sole discretion, we may also email registered Users with notification of changes. You are responsible for regularly reviewing these Terms, and your continued use of the Site after the effective date of a change constitutes your acceptance of the updated Terms. If any modification is unacceptable, you shall cease using the Site. If you have any questions about these Terms, contact us at support@easemble.com.  

3.            Eligibility

You may only use the Site if you comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. You must be 13years old or older to use or access the Site; however, children of all ages may use the Site if enabled by a parent or legal guardian. If you are under 18, you represent that you have your parent's or guardian's permission to use the Site. If you are a parent or legal guardian of a User under the age of 18, by allowing your child to use the Site, you are subject to the terms of this Agreement and responsible for your child's activity on the Site.  The Site may not be available to Users previously removed from the Site by us.

4.            Our Site

The Site provides registered Users with access to 3D and 2D interactive product assembly and installation guides ("Guides"),which are created by registered manufacturers and third-party creators ("Creators") through the Site. Access to the Guides is available only to Users who have registered with us and created a User account ("User Account"). If you want to create a Guide to your product on our Site, please complete your registration here.  

5.            Disclaimers  

5.1          Site Availability.  We do not make any warranty, guarantee, or representation that the Site or the services used to provide the Site will be available at all times or that it will be error or interruption-free. The Site is provided "as is," and you acknowledge and agree that you will not rely on any existing features of the Site being available in the future, nor any proposed updates or additional features becoming available.

5.2          Guides Content.  We do not warrant or guarantee the accuracy, reliability, completeness, or use fulness of any information or content contained in the Guides accessible on or throughout Site, which are created and published by Creators directly. The Guides do not replace instructions, disclaimers, or warnings provided to you by the product manufacturer.

5.3          No Product Support.  We are not responsible for and do not provide any product support related to your use of the Guides. The Site may allow you to contact the Creator directly through the Site. Any communications with the Creator are solely between you and the applicable Creator.

6.            Access to the Site

Subject to these Terms, you are hereby granted a non-exclusive, non-transferable, and non-sublicensable right to access and make personal, non-commercial use of our Site. If you are using our mobile application available to you, we grant you the limited license to download a single copy of our mobile application to access and use the services provided, subject to these Terms. The mobile application may not be compatible with all mobile devices, carriers, and service providers, and we do not make any representations or warranties with respect to such compatibility. Easemble, our licensors, or designees reserve all rights not expressly granted in these Terms.

7.            User Account

You may only access and use the Site for its intended purpose and in accordance with the terms and conditions set forth in these Terms of Use. You must create a User Account to use certain features of the Site. Your User Account gives you access to the Site and functionality that we may establish and maintain from time to time at our sole discretion.

When you create your User Account, you will create a user identification and a password upon completing the registration process ("Credentials") and will be asked for or will otherwise provide us with various Account Information (as defined below). You may also use your Google or Facebook accounts to login in and access your User Account. "Account Information" means the information you provide to us when creating your User Account, including your username, password, name, last name, mailing address, email address, telephone number, date of birth, profession, interests, gender, and location.

You may edit your Account Information and how you interact with the Site by logging into your account and changing the settings on the "Settings" page.

You may not transfer to, sell, or share your User Account with other Users or third parties. You are responsible for maintaining the confidentiality of your Credentials and User Account and for all activities that occur under your Use Account. You agree to immediately notify us of any unauthorized use of your Credentials or User Account or any other security breach and ensure that you exit from your User Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

8.            Your Responsibility

You are responsible for your compliance with these Terms and your own acts and omissions while using the Site. By creating your User Account, you represent and warrant that: (i) your Account Information is accurate, complete, and updated; (ii) you have and will continue to comply with all applicable federal, state, and local laws, regulations, and ordinances, including without limitation that your User-Generated Content (as defined herein) does not infringe upon the property rights, intellectual property rights (copyrights and trademarks), or other rights of others; and (iii) you agree to be bound by these Terms.

9.            User-Generated Content

9.1          In General.  Our Site may contain blogs, message boards, chat rooms, and other interactive features that allow you to upload, create, link, store, share, access, and otherwise submit information, content, and pictures (collectively, "User-Generated Content").User-Generated Content will be treated as non-confidential and may be viewable by other Site Users. You are solely responsible for the accuracy, quality, integrity, and legality of your User-Generated Content. If you upload a picture of a finished product based on a Guide provided on the Site, we may ask for your consent to share the picture with the applicable Creator and/or publicly on the Site along with the applicable installation Guide.

9.2          Prohibited Content.  You agree not to upload, download, post, email, or otherwise transmit any content that, without limitation:

9.2.1      May infringe any intellectual or proprietary rights of any third party;

9.2.2      May be considered false or misleading information;

9.2.3      Violates another person’s rights of celebrity or privacy, which includes, without limitation, uploading a picture of another person without such person’s consent;

9.2.4      Is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously or otherwise objectionable;

9.2.5      May be considered unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;

9.2.6      Would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, or national law; or

9.2.7      Would likely incite, promote, or support discrimination, hostility, or violence.

9.3          Monitoring. Without limiting the foregoing, we or our designees shall have the right(but not the obligation), at our sole discretion, to reject or remove User-Generated Content that is available via the Site if it violates these Terms or is otherwise objectionable to us, and that we may do so without any obligation to you, monetarily or otherwise.

10.          Data Security

You understand that the technical processing and operation of the Site, including the processing of your Personal Information (as defined below), may involve transmissions over various networks and changes to conform and adapt to the technical requirements of connecting networks or devices. We will maintain commercially reasonable administrative, physical, and technical safeguards designed for the protection, confidentiality, and integrity of your Personal Information. You recognize and agree that hosting content online involves risks of unauthorized disclosure or exposure and that, in accessing and using the Site, you assume such risks. We offer no representation, warranty, or guarantee that your information will not be exposed or disclosed through errors or actions of third parties or us, including negligence. "Personal Information" means any information relating to an identified or identifiable natural person; an identifiable natural person can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

11.          User Privacy

Your privacy is very important to us. Our Privacy Policy sets out the categories of personal information and other data we collect and how we collect, store, and use it. By accepting these Terms, you expressly consent to our disclosure and use of your Personal information as described in our Privacy Policy, which is incorporated herein by reference. We encourage you to read our Privacy Policy before you submit any Personal Information to the Site. Without limiting the terms and conditions of our Privacy Policy, you acknowledge and agree that we may disclose your Personal Information, including your name, email address, and account activity, when we believe, in our sole discretion, that such disclosure is necessary or appropriate to: (i) comply with legal processes; (ii) enforce these Terms;(iii) respond to claims that your User-Generated Content violates the rights of third-parties; (iv) to investigate the use of or respond to alleged violations or infringement of Third-Party Content (defined herein); or (v) to protect our rights, property, or personal safety or that of other Users or the public.

12.          User Conduct

In using the Site, you must comply at all times with all applicable laws, including, without limitation, all intellectual property, non-discrimination, privacy, and data security laws, and will not take any action that harms or violates the rights of any person or entity. Without limitation, you agree to not:

12.1        Reproduce, duplicate, copy, sell, rent, lease, resell, or exploit for commercial purposes any portion of the Site without our express written consent;

12.2        Share nonpublic features of the Site or any content contained on the Site with any third party;

12.3        Use the Site in any way to discriminate against any individual or class of individuals protected under federal, state, or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist, or discriminatory activities or outcomes;

12.4        Use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other rights of any person or that violates any applicable law;

12.5        Modify or create derivative works based on the Site;

12.6        Impersonate any person or entity or falsely state or other wise misrepresent your affiliation with a person or entity;

12.7        Remove or alter any copyright, watermark, attribution marks, or other proprietary notices on the Site or contained in the software used to provide the Site;

12.8        Use or access the Site to provide service bureau, time-sharing, or other computer hosting services to third parties;

12.9        Upload, download, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;

12.10     Disrupt or interfere with the security of, or otherwise abuse, the Site, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked to the Site;

12.11     Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software used to provide the Site;

12.12     Access, tamper with, or use non-public areas of theSite. Unauthorized individuals attempting to access these areas of the Site maybe subject to prosecution;

12.13     Disrupt or interfere with any other Users' enjoyment ofthe Site;

12.14     Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;

12.15     Access the Site to build, or help others to build, a similar or competitive product; or

12.16     Frame or link to the Site except as permitted inwriting by us.

13.          Term and Termination

13.1        Termination by You.  You may terminate these Terms at any time by deleting your User Account and ceasing use of the Site. To delete your User Account, log in, go to "Settings," and then "Delete Account." You may also email us at support@easemble.com, and we will delete your User Account for you.

13.2        Termination by Us.  We, without prior notice, may suspend or terminate your use of the Site at any time if, in our sole discretion, your use of the Site is in violation of these Terms or applicable laws or if we otherwise reasonably believe that your use of the Site could cause damage to the Site, the rights of other Users, or for any other reason, even if not expressly set forth in these Terms. Our right to suspend and/or terminate your account does not limit our right to seek any other remedy through these Terms or at law.

13.3        Effect of Termination. Suspension or termination of your User Account may result in the deletion of your Account Information, Personal Information, and User-Generated Content associated with your User Account. Upon suspension or termination of your User Account, you will no longer be able to access the Guides or any other features that were limited to registered Users.

13.4        Preservation of Your Account Information.  We reserve the right, but not the obligation, to maintain your Account Information, including your Personal Information, even after you terminate your User Account. You acknowledge and agree that we may preserve your Account Information and may also disclose your Account Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal processes; (ii) enforce these Terms; (iii) respond to claims that your User-Generated Content violates the rights of any third party; or (iv) protect our rights, property, or personal safety of other Users or the public.

14.          Proprietary Rights

14.1        Our Proprietary Rights.  You acknowledge and agree that the Site contains proprietary information protected by applicable intellectual property and other laws. We retain all rights, title, and interest in and to the Site, including without limitation our trademarks (all names and logos) and all other content provided on the Site by us (collectively, "Easemble IP"). These Terms do not grant you any right to reproduce, copy, modify, distribute, license, sell, transfer, publicly display, perform, or otherwise exploit the Easemble IP. No rights are granted to you other than as expressly set forth in these Terms.

14.2        Ownership of the Guides.  The Guides displayed on the Site are owned by Easemble, and the Creator is responsible for creating the respective Guide. You acknowledge and agree that this Agreement does not grant you any title or right of ownership in or to the Guides or any component thereof, or to any associated materials or intellectual property, or to any enhancements, customizations, integrations, modifications, suggestions, Feedback (as defined below) or improvements or any and all ideas, processes, trademarks, logo, service marks, inventions, designs, technologies, original works of authorship, formulas, discoveries, patents, copyrights, copyrightable works, marketing and business ideas, and proprietary improvements, know-how, data, rights, and claims related to the foregoing that, whether or not patentable, were and are conceived, developed, associated and integrated into the Guides.

14.3        Licenses in User-Generated Content.  By posting User-Generated Content to any part of the Site, you automatically grant us, and you represent and warrant that you have the right to grant us, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, and worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display ,reformat, translate, transmit, excerpt (in whole or in part), and distribute User-Generated Content for any legitimate business purpose, and to prepare derivative works of, or incorporate into other works, your User-Generated Content, and to grant and authorize sub-licenses of the foregoing.

14.4        Related Data.  You grant us a non-exclusive, royalty-free, assignable, transferable, sublicensable, and irrevocable right and license to use and disclose the information contained in or derived from your Personal Information or Related Data (defined below), on an anonymous (de-identified) basis only, for statistical, analytical, research, marketing, product/service improvement, and other commercial purposes. "Related Data" means data or information (excluding Personal information)associated with or arising out of your use of the Guides (including, without limitation, data associated with requests made to, and responses generated in connection with, the use of the Guides.)

14.5        Feedback.  You may provide us or make public on the Site notes, emails, postings, letters, suggestions, reviews, concepts, or other written materials related to the Site or the Guides provided on the Site(collectively, "Feedback").You acknowledge and agree that you do not maintain and will not assert any ownership, intellectual property right, or other rights to the Feedback. You further agree that any Feedback provided to us will not be considered confidential information and that we are permitted to freely share (including with the Creators), publicly display, modify, create derivative works of, or otherwise use the Feedback for any purpose. Should the ownership of the Feedback be found under applicable law not to be our property, you hereby grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into any of our products or services any Feedback provided by you relating to the provision of the Site.

14.6        DMCA Notice.  We respect the intellectual property rights of others. Per the Digital Millennium Copyright Act ("DMCA"), we will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, we will take whatever action we deem appropriate within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright-protected content.

If you believe that your intellectual property rights have been violated by a third party who has uploaded materials to our Site or by us, please provide the following information to us:

●             A description of the copyrighted work or other intellectual property that you claim has been infringed;

●             A description of where the material that you claim is infringing is located on the Site;

●             An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not we, can contact you;

●             A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;

●             A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and

●             Your electronic or physical signature.

We may request additional information before removing any allegedly infringing material. If we remove the allegedly infringing materials, we may notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so they may respond to your allegations.

For questions regarding this DMCA Notice or to send us a notice, please contact support@easemble.com.

15.          Third-Party Content

The Site may contain content or links to third-party applications, services, websites, and other content not owned or controlled by us ("Third-Party Content"). We do not endorse or assume any responsibility for any such Third-Party Content. If you access Third-Party Content from the Site, you do so at your own risk and understand that these Terms and our Privacy Policy do not apply to your use of Third-Party Content. You expressly relieve us from any and all liability arising from your use of Third-Party Content, and any terms related to Third-Party Content are solely between you and the Third-Party Content provider. You agree that we will not be responsible for any reliance or damages relating to your use of Third-Party Content.

16.          Third-Party Services

The Site may provide access to or integrate with third-party applications, services, websites, and other services that are not owned or controlled by us("Third-Party Services").Third-Party Services include, without limitation, our payment processor. All Third-Party Services are provided "As-Is," and we do not warrant any Third-Party Services, regardless of whether they are required to use our Site. You expressly relieve us from any liability arising from your use of Third-Party Services, and any use by you of Third-Party Services is solely between you and the applicable Third-Party Services provider. We do not endorse or assume any responsibility for Third-Party Services. If you access Third-Party Services from the Site, you do so at your own risk and understand that these Terms do not apply to your use of Third-Party Services. We shall not be responsible for any disclosure, modification, or deletion of your Account Information, Personal Information, or User-Generated Content resulting from access by Third-Party Services. Additionally, we are not responsible for downtime or unavailability of Third-Party Services outside our reasonable control. Under no circumstances will we be liable for any indirect, special, incidental, punitive, or consequential damages, including loss of data, business interruption, or loss of profits arising from the use or the inability to use Third-Party Services.

17.          Disclaimer of Warranties  

WE PROVIDE THE SITE ON AN "AS-IS''AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SITE AND THE GUIDES IS ATYOUR SOLE RISK, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSOR IMPLIED, THAT: (I) THE SITE AND THE GUIDES WILL MEET YOUR REQUIREMENTS OREXPECTATIONS; (II) THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, ORERROR-FREE; (III) DEFECTS, IF ANY, WILL BE CORRECTED; OR (IV) THE INFORMATION,CONTENTS, OR THE GUIDES PROVIDED ON THE SITE WILL BE ACCURATE, RELIABLE, OR CURRENT.TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OFANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIEDWARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT, AND ACCURACY. THE INFORMATION AND ANY CONTENT PROVIDED BY USON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT, AND IS NOTINTENDED TO, CONSTITUTE SPECIFIC ADVICE OR ENDORSEMENT.

18.          Limitation of Liability  

TOTHE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCESINCLUDING, WITHOUT LIMITATION, OUR OWN NEGLIGENCE, SHALL WE OR OUR OFFICERS,EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, OR ANY OTHER PARTY INVOLVED INCREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOTLIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USER DATA OR OTHER INTANGIBLELOSSES (EVEN IF WEHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF ORRELATING TO THE SITE, THE GUIDES, OR THESE TERMS. THIS LIMITATION APPLIES TO,WITHOUT LIMITATION: (I) THE USE OR INABILITY TO USE THE SITE OR THE GUIDES; (II) ANY ACTIONS WE TAKEOR FAIL TO TAKE AS A RESULT OF ANY ELECTRONIC MESSAGES YOU SEND US; (III)STATEMENTS OR CONDUCT OF ANY OTHER USER OR THIRD-PARTY, WHETHER ONLINE OROFFLINE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR THE GUIDES. YOU AGREE THAT THE CREATORS ARE SOLELY RESPONSIBLE FOR THECONTENTS OF THE GUIDES DISPLAYED ON THE SITE, AND WE SHALL HAVE NORESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU OR YOUR PROPERTY THAT RESULTSFROM ANY ACTS OR OMISSIONS OF THE CREATORS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, INNO EVENT WILL OUR TOTAL LIABILITY EXCEED $25. ANY CLAIM ARISING UNDER THESETERMS MUST BE BROUGHT BY YOU WITHIN 12 MONTHS AFTER THE EVENTS GIVING RISE TOTHE CAUSE OF ACTION ARE DISCOVERED, OTHERWISE YOU RELEASE US OF ANY CLAIM.

SOMEJURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FORINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BYLAW.

19.          Indemnification  

TOTHE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE,INDEMNIFY, AND HOLD HARMLESS EASEMBLE AND OUR OFFICERS, DIRECTORS,SHAREHOLDERS, EMPLOYEES, AGENTS, AND OUR RESPECTIVE SUCCESSORS AND ASSIGNS("INDEMNIFIED PARTIES'') FROMANY THIRD-PARTY CLAIM, SUIT, PROCEEDING, OR GOVERNMENT ENFORCEMENT ACTIONSARISING OUT OF, RELATED TO, OR ALLEGING AN INJURY OR LOSS CAUSED BY YOUR ACCESSAND USE OF THE SITETHAT, WITHOUT LIMITATION, INCLUDES: (I) YOUR ACCESS TO OR USE OF THE SITE FOR ILLEGAL,FRAUDULENT, OFFENSIVE, OR TORTIOUS PURPOSES; (II) YOUR INTERACTION WITH OTHERUSERS; (III) YOUR VIOLATION OF THESE TERMS; OR (IV) YOUR VIOLATION OF ANYRIGHTS OF ANY THIRD-PARTY. IN ANY EVENT, WE WILL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSEOF ANY SUCH SUIT OR PROCEEDING THROUGH COUNSEL OF OUR OWN CHOOSING AT OUR OWN EXPENSE. YOU WILLALSO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY COSTS ANDEXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED IN RESPONDING TO ANYLEGAL ACTION, SUBPOENA, SEARCH WARRANT, OR COURT ORDER REQUIRING THE PRODUCTIONOF INFORMATION OR DOCUMENTS RELATED TO SUBSECTION (I) THROUGH (IV) ABOVE.

20.          General Provisions

20.1        Entire Agreement.  These Terms of Use and any other terms and agreements incorporated herein by reference constitute the entire agreement between you and us concerning the Site.

20.2        Severability.  In the event that any provision of these Terms is considered invalid, illegal, or unenforceable by a court of competent jurisdiction having authority to bind the parties under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired.

20.3        No Waiver.  Our failure at any time to enforce any of the provisions of these Terms or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of these Terms. A waiver of any default by us will not be deemed a continuing waiver but will apply solely to the instance to which such waiver is directed.

20.4        Headings; Summaries.  The section headings appearing in these Terms are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or extent of such section or affect such section.

20.5        Arbitration.  For any dispute, you agree to first contact us at support@easemble.com and attempt to resolve the dispute with us informally for at least thirty (30) days before initiating any arbitration or court proceeding. In the event we are unable to resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this provision to arbitrate, shall be determined solely and exclusively by binding arbitration before a single arbitrator. You and we also agree that the arbitration shall be conducted by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules. Each party will be responsible for paying AAA filing, administrative, and arbitrator fees per AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator maybe entered in any court of competent jurisdiction. This arbitration provision is governed by the Federal Arbitration Act.

20.6        ​​No Class Action; No Jury Trial.  ALL CLAIMSMUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NO CLASS ACTION ORREPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FORRELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THESETERMS. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THANONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WEARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

20.7        Governing Law.  The laws of the United States shall govern these Terms without regard to the principles of conflict of laws. Any dispute between the parties excluded from the arbitration provision or that cannot be heard in small claims court shall be resolved in the United States District Court.

20.8        Notices; Electronic Communication.  By providing us with your email address, you consent to receive our related communications and notices electronically, and you agree that all agreements, notices, disclosures, and other communication that we provide to you via the Site or email satisfy any legal requirement for such communications to be inwriting. We may also use your email address to send you other messages, such as changes to the site’s features and special offers ("Promotional Messages").If you do not want to receive Promotional Messages, you may opt-out by clicking the "Unsubscribe" link in an email or by emailing us atsupport@easemble.com. If you would like a physical address to send correspondence to Easemble, you may email us, and we will provide you with a mailing address.

20.9        Force Majeure. Neither party shall be liable for any failure or delay in its performance under these Terms, or any and all addenda due to circumstances beyond its reasonable control (other than the payment of sums due), provided that it notifies the other party as soon as practicable and uses its best efforts to resume performance (such a "Force Majeure Event").

Contact

For questions regarding these Terms of Use, contact us at support@easemble.com.