EFFECTIVE DATE: 30 November 2019
Materials / Use of the Site.
All materials, code, statements, information and other content on or that comprise the Site and the “look and feel” of the Site (collectively, “Materials”) are owned, controlled or licensed by Decurion and are protected from unauthorized use, copying and dissemination. Decurion grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to view the Materials. You agree that you will not frame, mask, extract data or other materials from, copy, reproduce, republish, modify, create derivative works of, upload, display, post, transmit, or otherwise use or distribute the Materials. Any and all rights to use the Site that are not expressly granted to you under these Terms are reserved for Decurion. You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Decurion reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Decurion may be entitled at law or in equity.
Disclaimers & Limitation of Liability.
You agree that the Site and Materials are provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, Decurion makes no representations or warranties or endorsements of any kind whatsoever, express or implied, as to the Site or the Materials, including, without limitation, as to their accuracy, results that can be achieved, reliability, availability or completeness. WITHOUT IN ANY WAY LIMITING THE FORGOING, YOU AGREE THAT (a) THE SITE AND MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY AND THAT YOU WILL NOT RELY ON THE SITE OR MATERIALS FOR INVESTMENTS, LEASING DECISIONS OR FOR ANY OTHER PURPOSE and (b) Decurion is not responsible for any incorrect information on the Site. The Site may also contain links to third-party websites or online services or refer you to third parties for more information about a Decurion property or business. Decurion does not control, is not responsible for and assumes no liability for those third-parties. To the fullest extent permitted by law, under no circumstances will Decurion be liable to you for any loss or damages of any kind , that are directly or indirectly related to the Site or Materials (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages), whether in an action of contract, negligence, strict liability, or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Site). You understand and agree that all rights under section 1542 of the civil code of California and any similar law of any state or territory of the United States are hereby expressly waived by him/her. Section 1542 reads as follows: “certain claims not affected by a general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Notwithstanding any limitations set forth herein, nothing in these Terms will restrain your right – if any – to seek public injunctive relief as permitted by applicable law.
Dispute Resolution and Arbitration.
Dispute Resolution and Arbitration. You and Decurion agree that all disputes between you and Decurion with regard to these Terms or your use of the Site will be resolved by binding, individual arbitration under the American Arbitration Association's ("AAA") rules for arbitration of consumer-related disputes or under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event both AAA and JAMS are unwilling or unable to set a hearing date within forty-five (45) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. YOU HEREBY EXPRESSLY WAIVE A TRIAL BY JURY. CLASS ACTION WAIVER: Neither you nor Decurion will participate in a class action or class-wide arbitration for any claims covered by these Terms. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. Notwithstanding the above, Decurion will be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Desktop, online, written or telephone arbitration can be used for claims. If an in-person hearing is requested by you, required by the arbitrator or required by the rules of the arbitration administration hearing the claims, then arbitration will take place in Los Angeles County, California, however if the dispute is being administered (i) by the AAA , the location will be in a reasonably convenient location to both parties with due consideration of their ability to travel, or (ii) by JAMS, in your hometown (if required by JAMS arbitration procedures). Payment of all filing, administration and arbitrator fees will be governed by the rules of the arbitration administration hearing the claims. You alone will be responsible for your attorneys’ fees and will pay for all of your own travel costs if you initiate arbitration and you request an in-person hearing. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction.
THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA WILL GOVERN THE VALIDITY AND INTERPRETATION OF THESE TERMS AND ALL CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS. THESE TERMS WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
You agree that any action at law or in equity relating to the arbitration provision of these Terms will be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Decurion reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Decurion.
We may assign these Terms without notice to you; you may not assign these Terms. Our waiver of any breach of these Terms will not be construed to be a waiver of any succeeding breach or any other covenant. If any provision of these Terms is found to be unenforceable or contrary to law, such provision will be modified to the least extent necessary to make it enforceable, and the remaining portions of these Terms will remain in full force and effect. These Terms constitute the entire agreement between you and Decurion with respect to your use of the Site and Materials. We reserve the right to modify or add to these Terms (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Site, and your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms.