Macrobits LLC

Terms of Service Agreement

Welcome to https://macrobits.co, the website and online service of Macrobits LLC (“Macrobits LLC,” “we,” or “us”).  This is a legally binding agreement between you and Macrobits LLC. Please make sure you read it as it explains the terms and conditions guiding your usage of Macrobits LLC online services, website, and newsletters made available to you through or in connection with the service (collectively the “Service”).

By visiting our site, subscribing to our newsletter, or engage in any of the services provided by Macrobits LLC, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms expressly supersede prior agreements or arrangements with you. Macrobits LLC may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.

PRIVACY

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

CHANGES TO THESE TERMS

Macrobits LLC reserves the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these terms were last revised. We may also notify you, either through the Services user interface, in an email notification or through other reasonable means. 

Any such changes will become effective for existing users no earlier than ten (10) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.

ARBITRATION NOTICE

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH Macrobits LLC ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

ELIGIBILITY

You may use the Service only if you can form a binding contract with Macrobits LLC, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.  Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Macrobits LLC.

LICENSE AND ACCESS.

Subject to your compliance with these Terms and Conditions of Service, and your payment of any applicable fees, Macrobits LLC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the site and the services provided through the site on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Macrobits LLC and Macrobits LLC's licensors.

This license does not include any resale or commercial use of any of Macrobits LLC Service, or its contents.

REGISTRATION AND ACCOUNT SECURITY

You may need to create a Macrobits LLC account to use certain Macrobits LLC services. You will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, service, and management of your account. You are solely responsible for maintaining the confidentiality of your account, username, and password and for all activities associated with or occurring under your Account. 

You represent and warrant that your Account information will be accurate at all times. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, we shall have the right to indefinitely suspend or terminate or block access of your use the Website and refuse to provide You with access to the Website. 

You must notify us immediately of any unauthorized use of your account and any other breach of security. 

We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of the use of your account, either with or without your knowledge, prior to your notifying us of unauthorized access to your account. You may not transfer your account to any other person and you may not use anyone else's account at any time without the permission of the account holder.

MEMBERSHIP

Via the website, you can subscribe and/or request to become a member of Macrobits LLC private community and get full access to the service. You are responsible for the management of your login details. If you lose your data or suspect that your account has been breached, please let us know immediately. Macrobits LLC has the right to refuse a request for Membership. Membership is for personal and non-commercial use. It is therefore not allowed to provide your password to third parties.

PRICE AND PAYMENT

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the Pricing and Payment Terms, as we may update them from time to time. We have the right to change the price of the membership but we will ensure to notify you of such change in the price and offer you an option to terminate your use of the service in the event that you do not agree to such change in price.

Payment must be made via the online payment service. When you subscribe to Macrobits LLC paid service, you will be given the choice to pay per month or per year. If you pay per month, the amount will be debited monthly at the current rate. If you pay annually, the membership fee is deducted annually at the rate applicable at that time. If the payment term is exceeded, Macrobits LLC has the right to suspend or terminate the Membership and to cease access to the Service.

CONTENT OWNERSHIP

As between you and us, all content made available to you through the service is owned by us. We claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.

You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by email to Macrobits LLC. 

If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an email to Macrobits LLC. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

Intellectual Property Rights

This platform is controlled and operated by Macrobits LLC and all material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights.

Material made available to you through the service is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Any use of the Site or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.

Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Video and Audio Content

The services we make available to you may contain one or more videos and/or audio recordings (individually and collectively hereinafter referred to as the “Recordings”). This section describes our respective rights and responsibilities with regard to the Recordings.

Recordings Are For Informational Purposes Only: All Recordings are to be watched and/or listened to for informational purposes only. Recordings are not intended to provide specific financial, tax, or physical advice, or any other advice whatsoever to you, any other individual or company, and should not be relied upon in that regard. Any products or services described in the Recordings are only offered in jurisdictions where they may be legally offered. Information provided in Recordings is not all-inclusive, is limited to information that is made available, and such information should not be relied upon as all-inclusive or accurate.

Embedded Recordings From External Social Media Sites Not Owned By Us: Some of the Recordings embedded for the purpose of you viewing and listening to them are hosted on social media websites not owned by us. This may include, but is not limited to, sites such as YouTube.com (individually and collectively, the “Third Party Social Media Sites”).

Embedding Recordings on the service does not create an association, agency, joint venture, or partnership between us and the owners of the Third Party Social Media Sites or impose any liability attributable to such a relationship upon either party.

Recordings are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that Third Party Social Media Sites may track your viewing and listening habits.

If Recordings embedded in the service were created by us but are hosted on Third Party Social Media Sites, we retain all intellectual property rights for such Recordings except to the extent we granted a license to Third Party Social Media Sites to the Recordings. The hosting of these Recordings by Third Party Social Media Sites does not grant you any rights to such Recordings except to the extent provided under the applicable licenses those sites grant to viewers and listeners of Recordings they host on their websites.

User Representation and Platform Use

You hereby represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.

Although we are committed to providing a safe user experience, we do not guarantee that the platform, or any content in it, will be safe, error-free or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended or restricted, including because of a fault, error or unforeseen circumstances or due to scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.

You agree, undertake and confirm that your use of the platform shall be strictly in accordance with the following binding guidelines:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

• belongs to another person and to which you do not have any right to make use of or promotes an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
• is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
• Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
• tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
• Solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
• Interferes with another user's use and enjoyment of the website or any other individual's user and enjoyment of similar services;
• Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
6. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
7. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.

CYBER-BULLYING AND INTERNET HARASSMENT

Cyber-bullying and Internet harassment are prohibited within our private community. Although we support First Amendment free speech rights, such rights are limited where the purpose or effect of the expression is to bully, harass, threaten, ridicule, embarrass, and/or intimidate others. This is particularly true in matters involving race, ethnicity, national origin, religion, gender, sex, sexual orientation, physical disability, and/or mental condition.

If we decide, in our sole discretion, that you have committed cyber-bullying acts or Internet harassment, we reserve the right to unilaterally suspend or ban your use of our service immediately with or without notice to you. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove material posted to our Website or within the Private Community that we determine constitutes cyber-bullying or Internet harassment.

If we suspect that the cyber-bullying acts or Internet harassment constitutes illegal activity, we may, in our sole discretion, provide information to law enforcement or other government officials for purposes of investigating the misconduct. Examples of illegal conduct include, but are not limited to, threats of violence, sending sexually explicit images, and stalking others. This sharing of information is consistent with our Website’s Privacy Policy terms governing suspected illegal activity.

OBSCENE AND OFFENSIVE CONTENT

We are not responsible for any obscene or offensive content that you receive or view from others while using our service. However, if you do receive or view such content, please contact us by email to Macrobits LLC so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.

USER CONTENT AND SUBMISSIONS

You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through the service (“User Content”) is the sole responsibility of the person from which such User Content originated. We claim no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content You submit, post or display on or through the website, and you are responsible for protecting those rights, as appropriate.

By submitting, posting or displaying User Content on or through Macrobits LLC service, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting our Services. We may discontinue this licensed use within a commercially reasonable period after such User Content is removed from the Site.

We reserve the right to refuse to accept, post, display or transmit any User Content in its sole discretion. If you post User Content in any public area of the Site, you also permit any user of the Site to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content.

We do not in any way have any obligation to screen User Content, communications or information in advance and are not responsible for screening or monitoring User Content posted by any user of the Site. We may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, users of the Site. We reserve the right to prevent you from further access to the Site for violating these Terms of Use or applicable laws, rules or regulations.

We do not represent or guarantee the truthfulness, accuracy, or reliability of User Content or endorse any opinions expressed by users of the Site. You acknowledge that any reliance on material posted by other users will be at your own risk.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE INFORMATION MADE AVAILABLE TO YOU THROUGH OUR SERVICES IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICE WILL ALWAYS BE AVAILABLE, ACCESS WILL BE UNINTERRUPTED, BE ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN OUR SERVICE/WEBSITE WILL BE CORRECTED.

INFORMATION MADE AVAILABLE TO YOU VIA THE SERVICES SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.

IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR WEBSITE SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES (IF ANY). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THIS DOCUMENT.

INDEMNIFICATION

You understand and agree that you will indemnify, defend and hold us and our affiliates (if any) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms, conditions, and policies.

ELECTRONIC COMMUNICATIONS POLICY

We hate spam or unsolicited email as much as you do. We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial email laws. For example, California’s anti-spam law, Cal. Bus. & Prof. Code § 17529, may apply if you are using or sending to a California electronic mail address, and in other limited circumstances.

If you subscribe to electronic newsletters or other communications from us or our website, you will always have an option to unsubscribe immediately.

When you communicate with us by email, text message, telephone call, or other electronic means, you are agreeing that we can respond to you by the same or other electronic means of communication. You also agree that we can subsequently communicate with you for marketing and other commercial purposes by electronic means using the information you have provided to us (email address, mobile phone number, etc.) unless and until you make a signed written request by email or by mail to our address listed below that these subsequent communications cease. Your request must include the specific contact information you no longer wish us to use for communicating with you (email address, mobile phone number, etc.

If you have additional questions, comments or concerns, please contact us by sending an email to Macrobits LLC and providing us with information relating to your concern.

LINKS TO OTHER SITES OR RESOURCES

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and Macrobits LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Macrobits LLC with written notice of your desire to do so by email at Macrobits LLC within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Macrobits LLC with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Macrobits LLC with an Arbitration Opt-out Notice, will be the state and federal courts located in California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Macrobits LLC with an Arbitration Opt-out Notice, you acknowledge and agree that you and Macrobits LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Macrobits LLC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Macrobits LLC otherwise agree, the arbitration will be conducted in Piedmont county, in the state of California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Macrobits LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Macrobits LLC will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

We will pay all filing and administration fees charged by the Administrator and arbitrator fees up to $1,000, and we will consider your request to pay any additional arbitration costs. If an arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the administrator or for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for any fees paid by you to the administrator or arbitrator. Each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration; however, if a statute gives you the right to recover these fees, or fees paid to the administrator or arbitrator, then these statutory rights will apply in arbitration.

Changes

Notwithstanding the provisions as regards how we can make changes to this Terms, if Macrobits LLC changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Macrobits LLC’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Macrobits LLC in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms)

GENERAL TERMS

Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between Macrobits LLC and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Macrobits LLC and you regarding the Services, Products and Content. 

Severability: If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by a court of competent jurisdiction, but only if you timely opt-out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. 

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Macrobits LLC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Macrobits LLC may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns. 

Notices: Any notices or other communications provided by Macrobits LLC under these Terms, including those regarding modifications to these Terms, will be given: (i) by Macrobits LLC via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. 

No Waiver: Macrobits LLC’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Macrobits LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

CONTACT INFORMATION

If you have any questions about these Terms or the Services or Products, please contact Macrobits LLC.