Welcome to MYCLYQ, a platform owned and operated by MYCLYQ, Inc.("MYCLYQ" or "we" or "our" or "us").
Your account may be terminated without warning, if we believe that you are in violation of our terms.Your use of the Services is subject, in our sole discretion, to termination at any time.
MYCLYQmay change these Terms from time to time. Please review the Terms periodically. Your continued access to, and viewing and use of the Siteand any content, materials or services accessible through them, after such posting or notification, which will take effect immediately (unless otherwise noted) means you accept any and all such modifications and updates.
MYCLYQreserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the content, materials, and services accessible on and through the Site(or any part thereof). MYCLYQshall not be liable to you or any other third party for any such modification, suspension or discontinuance of any of the foregoing, except as expressly provided herein.
NO RECOMMENDATIONS OR ADVICE PROVIDED
MYCLYQis not a tax advisor or law firm anddoes not make recommendations or offer its Users advice related to the organization, conduct, and/or financial or legal prudence of using our Services, engaging any individuals, companies, or organizations through our Site. Although you may access data, information, content, and materials through the Siteabout various Hiring Parties, Independent Contractors, and/or Contracts,including, but not limited to various lists of the same based upon popularity, visibility,and/or other various criteria (collectively, the "Materials") that relates to opportunities to engage and/or be engaged by other Users, you should not construe any such information contained in the Materials as hiring, human resources, financial, tax, legal, employment, or other advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with engaging any Contractor(s), and or being engaged as a Contractor by any Hiring Party(ies) for any Contracts, as applicable, before making any decisions based on such Materials. In exchange for accessing and viewing such Materials, publicizing and viewing Contracts, profiles, and/or communicating with any other User through the Site, you agree not to hold MYCLYQand/or its Suppliers liable for any possible claim for damages arising from any decision you, your affiliates, employees, parent companies, subsidiaries, agents, and/or third party contractors make based upon the Materials.
YOU RECOGNIZE AND AGREE THAT MYCLYQAND/OR ITS SUPPLIERS CANNOT AND DO NOT CHECK WHETHER:
ANY AND/OR ALL HIRING PARTIES(DEFINED BELOW) ARE ABLE TO ENGAGE ANY CONTRACTOR(S) AS AN INDEPENDENT CONTRACTOR IN ANY PARTICULAR STATE; AND/OR
ANY CONTRACTORS (DEFINED BELOW) ACTUALLY QUALIFY AS AN INDEPENDENT CONTRACTOR IN ANY STATE OR IN ANY OTHER COUNTRY; AND/OR
ANY PAYMENTS PAID TO ANY CONTRACTOR(S) BY ANY HIRING PARTIES SHOULD OR SHOULD NOT BE TAXED BY ANY HIRING PARTY(IES) OR HAVE ANY FEDERAL, STATE, MUNICPAL, AND/OR LOCAL TAXES OR WITHOLDINGS WITHELD FROM ANY SUCH PAYMENTS.
YOU THUS AGREE TO SEEK OUT INDEPENDENT FINANCIAL, HUMAN RESOURCES, TAX, AND LEGAL ADVICE SPECIFIC TO EACH .
Unless otherwise expressly agreed in writing, no fiduciary, quasi-fiduciary or other special relationship exists between you and MYCLYQ and/or its Suppliers. We owe you a duty of ordinary care. Any internal policies or procedures that MYCLYQand its Suppliers may maintain in excess of reasonable commercial standards and general usage are solely for MYCLYQ's and its Supplier's own benefit and shall not impose a higher standard of care than otherwise would apply in their absence. We are not a creditor, insurer, financial broker or institution, creditor or charitable organization. We merely provide the Services (defined herein) through our platforms in a hosting and administrative capacity only.
MYCLYQprovides to its Users the following services listed below through its Site(collectively, the "Services"). You recognize and agree that various features and/or portions of the Services may change or be updated from time to time, in MYCLYQ's sole discretion, which will be displayed and described on the Site.
A. Display, Post, and AdvertiseVarious Contracts. The Site is an administrative platform that allows certain Users of the Site (whether they be individuals, companies, entities, or organizations) (the "Hiring Parties")to seek out and hire various other Users (whether they be individuals, companies, entities, or organizations) on an independent contractor basis (the "Contractors") to perform various services on a contract basis (the "Contracts"). Specifically,Hiring Parties may post, display, list, and advertise certain Contracts, their parameters and the fees (the "Contract Fees") offered by the Hiring Parties for each Contract in public posts and listings (the "Listings"). Contractors may then offer to fulfill the Contract(s) and Hiring Parties may choose to book Contractor(s) for their Contract(s).
B. Personal Information. Users who register through the Sitemay be required to enter various portions of your personal information into the Site during a registration process and as part of any response to any Posting(s)("Personal Information"). This Personal Information may include, but not be limited to, the following: (1) your name, (2) age, (3) living and/or work location, (4)work and education experience, and (5) various means of communicating with you, such as your telephone number and email address.As a User, you agree that MYCLYQmay (x) use your Personal Informationto verify your identity, and (y) display your Personal Information as part of your User profile. You also recognize and agree that Various Users may require you to share portions Personal Informationin the process of negotiating and/or in order to engage in the performance of a Contract.
A. Hiring Party Conduct. As a Contractor, you recognize and agree that MYCLYQdoes not and cannot monitor individual Hiring Parties work environment, hiring practices, and/or conduct. Thus, as a Contractor, you recognize and agree that MYCLYQ cannot guarantee that any Contract you take will be to your satisfaction, and/or that you will enjoy or benefit from any specific Contract. You further recognize and agree that MYCLYQis an administrative platform and thus has no control over the conduct of, or any information provided by a Hiring Party related to a Hiring Party's Contract(s). MYCLYQ hereby disclaims all liability relating to a Hiring Party's use and/or misuse of any work created and/or made by you as part of a Contract.
B. Contractor Performance, Skill, and Conduct. As a Hiring Party, you recognize and agree that MYCLYQ is an administrative platform only and thus has no control over the skill, conduct, experience, and/or performance of any specific Contractor(s), or any information provided by a Contractor or any information related to a Hiring Party's Listing(s). MYCLYQ hereby disclaims all liability relating to a Contractor's use and/or misuse of any materials provided by you to any Contractor.
C. No Endorsement by MYCLYQ. MYCLYQ does not endorse any Hiring Party(ies), Contractor(s), Contract(s), and/or Listing(s). You recognize and agree that (1) all materials posted by us on the Site are purely to offer and provide our Users the Services, and (2) the opinions and views expressed on the Site are those of the posting User(s), and not of MYCLYQ.
LICENSE AND SITE ACCESS
A. Access. MYCLYQ grants you a limited license solely to access, view and make personal use of the Siteto list, detail, promote, advertise, describe, and view Listings of Contracts. You may not modify or redistribute any portion of the Site and/or the materials and Listings provided on the Site, except with the express written or e-mailed consent of MYCLYQ. The license to view and use the Siteand the Services, does not include the right for you to: (1) resell or commercially use the Materials contained on the Site; (2) make any derivative use of, or create any derivative works from, any copyrightable portion of the Materials contained on the Siteand owned by any other User and/or MYCLYQ; (3) display, copy, distribute, license, assign, offer for sale or sell any trademarks, logos, and trade dress contained on the Siteand owned by any other User and/or MYCLYQ, and/or (4) conduct data mining, use robots or similar data gathering and extraction tools or processes on or through the Site. You expressly agree to not engage any of the foregoing activities.
B. No Injurious or Illegal Uses. By accessing and viewing the Site(whether as a Hiring Party and/or Contractor), you represent and warrant to MYCLYQ that you will not use (1) the Site, (2) any Materialscontained on the Site, and/or (3) the Services accessibleon or through the Siteand the Site, for any purpose that is either unlawful, illegal,injurious, and/or prohibited by these Terms.
C. Accurate Information. In consideration of your (1) access to and viewing of the Site, (2) access to and viewing of the Materialsand the Listings contained on and/or displayed through the Site, (3) ability to view, access and use the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by any registration form(s), input pages, billing information, and donation contract agreements on the Site, and (ii) to maintain and update all such information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, MYCLYQ has the right to prevent your access to the Site and the Services.
D. Verification. You agree that, as a User, we may verify your identity at any time during or after your use of the Services. You hereby authorize us to make any inquiries we consider necessary to validate your identity, which may include asking you for further information, requiring you to provide your full address, tax payer identification number, and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources. If you either (1) do not provide any such requested information, and/or (2) MYCLYQ cannot verify your identity, you agree that MYCLYQ may refuse to allow you access, view, and use the Site and the Services.
E. Login and Password. You agree and understand that you are solely responsible for maintaining the confidentiality of any of your personal login and access information, including, but not limited to any password(s), LoginID(s), e-mail address(es), and/or mobile number(s) that allow you to access and use the Site and the Services.
F. Use with Your Mobile Device. Access to and use of (1) the Site, (2) the Materials contained on the Site, (3) the Services, and/or (4) the Listings, may be available through a compatible mobile device, Internet and/or network access and may require software or other equipment. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. MYCLYQMAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE PLATFORMS, THE SERVICES, AND/OR THE CONTRIBUTUIONS IN YOUR CONTRIBUTION ACCOUNT, AT ANY TIME, OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SITE AND/OR THE SERVICES.
G. Interruption. You agree that neither MYCLYQ nor its Suppliers will be liable to you in any way for the termination, interruption, delay or inaccuracy of the Site.
FEES AND COSTS
A. Processing Fees. MYCLYQ retains a flat fee of nine percent (9%) of each Contract Fee paid from any Hiring Party to any Contractor) ("Processing Fees") upon the transfer of the Contract Fee by a Hiring Party to a Contractor. The Processing Fees include the fees charged by MYCLYQ's third party payment processor (the "Processor") as well as MYCLYQ'S internal fees for processing and administering the Site. You hereby recognize and agree to any and all applicable terms and conditions set forth by our third party Processor, which is currently PromisePay, located here. You further recognize and agree that we may change our third party payment Processor(s) at any time, and that you will be bound by any such other third party payment processor's terms and conditions, which we will post in these Terms, from time to time. You recognize and agree that the Processing Fees may change from time to time, in our sole discretion, but that any such changes will be posted on the Site. Your continued use of the Site and the Services after the Processing Fee changes constitutes your acceptance of the updated Processing Fees and any other Processor's related terms and conditions.
B. Contractor Accounts. After any Hiring Party(ies) pay any Contractor Fee(s) to any Contractor(s) through the Site, the Contractor receiving the Contractor Fee(s) will see the amount of such Contractor Fee(s) posted to an account held by the Processor for the benefit of the Contractor (the "Contractor Account") until released by the Hiring Party.Contractorsmay withdraw theseContractor Fees from their Contractor Account(s) at any time after they become available, subject to any delays, holds, whethercaused by us, or any third party (including those of the Processor). You recognize and agree that MYCLYQ may, from time to time,freeze, place a hold on, and/or cancel a Contractor Account by either restricting withdrawals and/or access to the Contractor Account in our sole discretion if we believe that: (1) a Contractor has posted false, misleading, criminal, defamatory, hateful, discriminatory, or fraudulent materials or content of any kind; (2) a Contractor is using its Contractor Fees in a manner contrary to law, public policy, and/or these Terms, (3) a Contractor has violated these Terms, and/or (4) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. Each Contractor is solely responsible for paying any and all taxes, fees, and costs on the Contractor Fees received.
C. Uses of Listings.You represent, warrant, and covenant to MYCLYQand all other Users that (i) all information, Listings, and data you provide in connection with any Listing and/or Contract is accurate, complete, truthful, and not otherwise designed to mislead, defraud or deceive any other Users; and (ii) you will comply with all applicable national, local, state, municipal and federal laws applicable the Site and the Services, including, but not limited to, soliciting independent contractors and engaging independent contractors for services.
A. UserRestrictions. By accessing and viewing the Siteand the Services, you (both Hiring Party(ies) and Contractor(s)) agree that you will not do any of the following:
Restrict or inhibit any other User in any way from using and enjoying the Site, the Materials, the Services, and/or the Site; or
Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, discriminatory, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. and international export control laws and regulations; or
Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, investment schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by MYCLYQ in writing) or engage in spamming or flooding; or
Post or transmit any information, software, or material which contains a virus, trojan horse, worm and/or other harmful component; or
Post, publish, transmit, reproduce, distribute or in any way exploit any User Content (including, but not limited to, any User's Location Data or Personal Information) User Trademarks, MYCLYQ Content, MYCLYQ Trademarks, MYCLYQ Patents, and/or the software used by MYCLYQto provide the Services, for commercial purposes (other than as expressly permitted by the respective owner of the same); or
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, the Materials contained therein, and/or the Services accessed thereon, other than as MYCLYQexpressly permits in writing; or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up the Siteand/or the Services; or
Express or imply that any statements you make are endorsed by MYCLYQ, withoutMYCLYQ's prior written consent; or
Impersonate any person or entity, whether actual or fictitious, including, but not limited to, any other User, or employee or representative of MYCLYQ; or
Disparage, defame, and/or malign any other User, MYCLYQ, anyListing(s), and/or Contracts; or
Promote violence, weaponry of any kind, war, conflict, narcotics, illegal substances, gambling, hate, pornography, criminal activities, and/or any illegal activity of any kind; or
Misuse, or otherwise redirect any Contractor Fees for any reason other than according to the terms you state in any Listing(s).
B. Site Monitoring / Other User's Use. MYCLYQhas no obligation or duty to monitor the Site. However, you agree that MYCLYQand its Suppliers have the right to monitor the Siteelectronically, from time to time, and to disclose any information as necessary or appropriate to: (1) satisfy any law, regulation or other governmental request; (2) operate the Siteand the Services properly; and/or (3) protect itself, its Suppliers and/or its Users. MYCLYQfurther reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, fraudulent, inappropriate, or in violation of these Terms.
A. Emails. MYCLYQ and its Suppliers may, from time to time, (1) provide you with a way to contact us through the Site, or (2) request that you provide us with a way to contact you through email before, during, or after the registration process, so that we may communicate electronically. All such electronic communications will be received or otherwise recorded by MYCLYQ and its Suppliers, and are subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. All such electronic communications may involve the electronic transmission you provided to us of information that you may consider to be personal information, and you agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information other than as requested by MYCLYQ and its Suppliers.
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
B. Recording. In connection with your use of the Siteand Services accessible through the Site, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and MYCLYQ, its Suppliers, and/or their representatives or agents. You acknowledge and consent to the recording, retention and use by MYCLYQ and its Suppliers of any and all information and data contained in (1) any communication with MYCLYQ and its Suppliers, and (2) any information input posted on or through the Siteand Services.
INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
A. Our Copyright Ownership. As between you and MYCLYQ, MYCLYQ and its Suppliers (1) own and license various Materials, and (2) provide the Services through computer and technological software (the "Software") contained on and made available through the Site. Any such Software and Materials are protected pursuant to United States copyright laws and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on the Site, the Materials, and any related Software accessible through the Site. You agree to not display, make commercial use of, copy, distribute, make derivative works from, sell, sublicense, or otherwise exploit any portion of the Site, the Services, the Materials, and/or the Software except as authorized within these Terms. You agree that if you violate this Section of these Terms, MYCLYQ and its Suppliers may automatically terminate your permission to access and use the Site, the Materials on the Site, the Services.
B. User Copyright Ownership. Users of the Site may display and use various text, images, music, video and audio recordings, and various other copyrightable materials to promote the Hiring Party(ies), the Contractor(s), the Listing(s), and the Contract(s) (the "User Content"). By posting, displaying, copying, and distributing any User Content on the Site, you represent and warrant to MYCLYQ that all such User Content is original, wholly owned by you, and/or that appropriate permissions have been obtained to use such User Content on the Site. You further represent and warrant to not copy, display, distribute, use, and/or exploit any other third party User's User Content in any way without such third party User's written consent.
C. Our Trademarks; Patents. MYCLYQ and its Suppliers do not grant any license or other authorization to you of their trademarks, logos, service marks, trade dress, or other source-identifying symbols or devices, whether registered or unregistered, (the "MYCLYQTrademarks") by placing them on the Site, within the Materials contained on the Site, or otherwise. You agree to not display, use, copy, distribute, infringe on, counterfeit, or otherwise exploit the MYCLYQTrademarks except as authorized within these Terms. MYCLYQ and its Suppliers do not grant any license or other authorization to you of their design or utility patents, whether registered or unregistered (the "MYCLYQPatents") by providing you access to the underlying material of such Patents, through the Siteand the Services. You agree to not display, use, copy, distribute, reverse engineer or otherwise exploit the MYCLYQPatents except as expressly authorized within these Terms.
D. User Trademarks; Patents. Users of the Site may display and use varioustrademarks, logos, service marks, trade dress, or other source-identifying symbols or devices, whether registered or unregistered (the "User Trademarks") by placing them on the Site, or otherwise. By posting, displaying, using, and distributing any User Trademarks on the Site, you represent and warrant to MYCLYQ that all such User Trademarks are wholly owned by you, and/or that appropriate permissions have been obtained to use such User Trademarks on the Site. You further represent and warrant to not copy, display, distribute, use, counterfeit, infringe on, and/or exploit any other third party User's User Trademarks in any way without such third party User's written consent.
E. Intellectual Property Complaints and Infringement. In the event that any User or third party files any complaint(s) regarding, or submits any request(s) pertaining to removal of, any infringing or unauthorized uses of any User Trademarks and/or User Content, MYCLYQmay, in its sole discretion, remove and block such infringing or unauthorized uses and/or remove any offending uses from the Site. MYCLYQ may also, at its sole discretion, limit or block any User's access to the Site, the Services and/or terminate the memberships of any User who infringes any intellectual property rights of MYCLYQ, any other User, and/or any third parties.
THIRD PARTY SERVICES
In connection with your access to and viewing of the Site, you may be made aware of other services, products, offers and promotions provided through third parties, and not by MYCLYQ ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party, and not MYCLYQ or its Suppliers, is responsible for the performance of the Third Party Services. This may contain or reference links to third parties websites and platforms where the trading of securities is possible. Some of those links are provided as a convenience only. The inclusion of any link is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by MYCLYQ of any information contained in any third party's website or platform. In no event will MYCLYQ be responsible for the information contained in such third party website or platform or for your use of or inability to use such website or platform. Access to any other website or platform is at your own risk, and you should be aware that linked websites or platforms may contain terms and privacy policies that are different from those of MYCLYQ. MYCLYQ and its Suppliers are not responsible for such provisions and expressly disclaim any and all liability for the same.
FAILURE TO COMPLY WITH TERMS AND CONDITIONS AND TERMINATION
You acknowledge and agree that MYCLYQ and its Suppliers may deny you access to the Siteand any part of the Services without prior notice if you engage in any conduct or activities that MYCLYQ, in its sole discretion, believes violate any of these Terms, violate the rights of MYCLYQ or its Suppliers, or is otherwise inappropriate for continued access. You agree to defend, indemnify and hold MYCLYQ and its Suppliers harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from (1) your use of the Site, the Materials contained on the Site, and the Services, (2) your experience on the Siteor participation in any Contract, whether by you or users of your account, and/or (3) any third party claims against you resulting from your use of any User Trademarks and/or User Content.
DISCLAIMER OF WARRANTIES
Your use of the Site, the Materials contained on the Site, the Services, and/or any Hiring Party or Contractor Account(s), is entirely at your own risk. THE SITE AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYCLYQAND ITS SUPPLIERS DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE PLATFORMS, THE MATERIALS ON THE PLATFORMS, AND/OR THE SERVICES ACCESSIBLE THROUGH THE PLATFORMS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. MYCLYQDOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE PLATFORMS OR AT THE CONFERENCES, REGARDLESS OF WHO ORIGINATES THAT CONTENT. MYCLYQAND ITS SUPPLIERS DO NOT WARRANT THAT THE PLATOFMRS ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE PLATFORMS, THE MATERIALS CONTAINED ON THE PLATFORMS, THE TICKETS, THE CONFERENCES AND/OR THE SERVICES ACCESSED THROUGH THE PLATFORMS WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON ANY MATERIALS AND/OR SERVICES CONTAINED ON OR ACCESSED THROUGH THE SITE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYCLYQAND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MYCLYQ AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MYCLYQAND YOU. MYCLYQAND ITS SUPPLIERS WOULD NOT BE ABLE TO HAVE PROVIDED THE MATERIALS, THE SERVICES, AND/OR THE TICKETS WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, MYCLYQ'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00.
A. Entire Agreement. Except as expressly set forth in these Terms, these Terms are a complete statement of the agreement between you and MYCLYQ, and set forth the entire liability of MYCLYQ and its Suppliers and your exclusive remedy with respect to your access and use of the Siteand the Services.
B. Interpretation; Choice of Law; Headings; Reservation of Rights. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The Terms will be governed by Californialaw as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that MYCLYQ may have under trade secret, copyright, patent or other laws.
C. ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO RESOLVE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN COURT. YOU ARE GIVING UP THE RIGHTS YOU MIGHT HAVE TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED. YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS ARBITRATION CLAUSE IS APPROPRIATE FOR YOU.
Any dispute, controversy or claim arising out of, or relating to, in any way, these Terms and your access to and use of the Siteand the Services, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of these Terms, shall be exclusively resolved by binding arbitration upon a party's submission of the dispute to arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
This agreement to arbitrate under this section shall be specifically enforceable. We may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration.
The arbitration shall be conducted in accordance with the American Arbitration Association rules.
The arbitrator shall have at least ten (10) years of experience in the field of online services and platforms and also shall have served as an arbitrator at least three (3) times prior to their service as an arbitrator in this arbitration.
The arbitration shall be conducted in accordance with the then existing Commercial Rules of the American Arbitration Association.
The arbitration shall be conducted in Los Angeles, California, USA. The laws of the state of California shall be applied in any such arbitration proceedings, without regard to principles of conflict of laws.
Except as may be required by law, you nor your representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of MYCLYQ.
The arbitrator shall not be entitled to issue injunctive and other equitable relief.
The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorney's fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator's award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This section shall survive the termination or cancellation of these Terms.
Each party to an arbitration proceeding shall pay its own proportionate share of arbitrator fees and expenses and the arbitration fees and expenses of the American Arbitration Association. The arbitrator shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his or her sole discretion.