Terms of Service
Last Modified: May 27, 2023
1. Your Acceptance
Welcome to the Samurai User Terms. This is an agreement (“Agreement”) between Samurai Technologies, Inc. (“Samurai”), the owner and operator of www.samur.ai, the Samurai software, mobile applications, components, and the Samurai Services (defined below) (collectively the “Platform”) and you (“you”, “your”, “User”), a User of the Platform. PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS. Throughout this Agreement, the words “Samurai”, “us”, “we”, and “our” refer to our company, Samurai, as is appropriate in the context of the use of the words.
3. Age Limits
Users must be over the age of 18 to create an account and use the Platform.
After registering and properly paying for our Platform, where required, we shall grant you access to the Platform as permitted by us and in accordance with this Agreement. Where you download or install any portion of the Platform, we grant you a revocable, limited, non-transferable, and non-exclusive license. Each device you download our Platform may only contain one copy of the Platform. All rights not explicitly granted are reserved for Samurai. If you breach this Agreement, your access to use our Platform may be terminated at our discretion. Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct.
5. Platform Ownership
You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Samurai and/or Samurai’ licensors and that Samurai and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Samurai. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform, access to the Platform, or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Samurai to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Samurai.
6. Platform and Services
The Samurai Platform may offer services (“Samurai Services”) to users of the Platform. Samurai Services may include but are not limited to managing subscriptions, setting of reminders and alerts, booking travel, price matching, or renewals. You may use the Platform and any associated Samurai Services solely as permitted by Samurai. Please be aware that any Samurai Services are “as-is” and “as-available” and are not error free. We reserve the right to alter, modify, update, or remove the Platform or any Samurai Services, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform or the Samurai Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform.
7. Maintaining Logins
Some portions of the Platform and Samurai Services may require logins, subscriptions, registrations, accounts, or other connections to Third Party Websites (defined below)(collectively “Connection(s)”). You are solely responsible for all such Connections including but not limited to purchasing, maintaining, keeping current, or otherwise monitoring all Connections required. Samurai does not monitor any Connections and failure for you to maintain any Connections may cause failure or errors within the Platform. You release us from and will indemnify us for any liability related to any Connections that may be used with the Platform.
8. Results Generated
Samurai is not responsible for any information or results generated via the Platform. User understands and agrees that all results generated by the Platform are dependent on the information contained in any User Content submitted by you and you are solely responsible for that information. THE USER AGREES TO HOLD SAMURAI FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE PLATFORM OR RESULTS GENERATED. SAMURAI WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM. Samurai does not warrant any results, guarantee, endorse, or recommend any portion of the Platform including any Samurai Services and use of the Platform is at your own risk.
9. User Privacy
10. Use of the Platform
When using our Platform, you are responsible for your use of the Platform. You agree to the following:
You way not copy, distribute, access, or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping” or unauthorized use of the server API;
You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
You may not use automated bots or other software to send more messages through our Platform than humanly possible;
You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
You may not access our Platform in an attempt to build a similar or other competitive product;
You may not use the Platform in an unlawful manner;
You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You may not collect or harvest any personally identifiable information, including account names, except where permitted, from the Platform;
You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Platform;
You may not violate any requirements, procedures, policies or regulations of networks connected to Samurai;
You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
You may not interfere with or disrupt the Platform;
You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
You agree that you will not hold Samurai responsible for your use of our Platform; and
You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Samurai reserves the right to suspend or terminate any account at any time without notice or explanation.
11. User Content
A Users ability to submit or transmit any information through the Platform including but not limited to account information, logins, data, passwords, information, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We may provide industry standard security but we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant Samurai, its partners, affiliates, Users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform for the duration of this Agreement. Please be aware that User Content may be shared with third parties. Samurai has no liability to Users for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform. Specifically, Samurai shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.
12. Monitoring User Content
Samurai shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Samurai shall have the right, but not the obligation, to remove any User Content at its sole discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests or violate any United States laws or regulations. We have no obligation to retain or provide you with copies of any User Content after your termination of this Agreement.
13. Platform Availability
Although we try to provide continuous availability to you, we do not guarantee that the Platform along with any offered Samurai Services will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available. We reserve the right to refuse service to the Platform or to terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
14. Intellectual Property
The name “Samurai” along with the design of the Samurai Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein (“Marks”), are owned by or licensed to Samurai, subject to copyright and other intellectual property rights under United States’ and foreign laws and international conventions. Samurai reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of anything contained within the Platform unless we have given express written permission.
15. Idea Submission
Samurai or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Samurai. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Samurai’ products might seem similar to ideas you submitted to Samurai. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of Samurai, without any compensation to you; (2) Samurai may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Samurai to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
16. Samurai Content and Equipment Required
ALL SAMURAI CONTENT INCLUDING ANY INFORMATION USED TO FACILITATE THE SAMURAI SERVICES FOUND ON THE PLATFORM IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Samurai does not endorse or warrant any Samurai content (“Samurai Content”), such as, encountered on the Platform including but not limited to any documentation, or other information. All Samurai Content is offered “as-is” and without warranty of any kind. Samurai Content should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Platform is at your own risk. Please be aware that Samurai Content may be inaccurate, untimely, or contain errors. Samurai Content. The Samurai Content found on our Platform, including any notifications, scheduling, or registration tools provided, are offered only for informational purposes. You solely are responsible for your use of any Samurai Content and you agree to release us from any liability related to your use of any Samurai Content.
In order to access the Platform, you may be required to purchase “Equipment” such as a computer or other mobile device. You are solely responsible for purchasing and properly connecting such Equipment to access the Platform. Please be aware that standard data, calling, and message rates apply. Please consult your communications provider for a full list of fees and charges. Samurai shall not be liable to you for any failure or issue related to any Equipment you may use to interact with the Platform.
17. Third Party Software and Content
Samurai does not endorse or warrant any Third Party Content including but not limited to any materials, results, information, or other data provided by a third party (collectively “Third Party Content”) and does not assume responsibility for any Third Party Content encountered whether through the Platform or otherwise. If you use or access any Third Party Content you do so at your own risk. We recommend that you independently evaluate Third Party Content and you should not solely rely on the Third Party Content displayed on the Platform to make any decisions. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content. Further, Samurai assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content. Samurai does not endorse, recommend, verify, or warrant any Third Party Content or any third parties encountered on the Platform.
Through the Platform User may connect to third party software, application plugins, services, or websites (collectively “Third Party Software(s)”). Where a Third Party Software is made available through the Platform, Samurai does not warrant or endorse any such Third Party Software. User uses any Third Party Software solely at their own risk. All such Third Party Software are controlled by third parties and such third parties are solely responsible for any claims or offerings made available through such Third Party Software. Any issues with the transmission, processing, or storage of any User Content by any Third Party Software is solely to be resolved by and between you and any entity owning such Third Party Software. Samurai will not be responsible for any connectivity issues including any Connections related to any Third Party Software and the Platform. User’s access to any Third Party Software are subject to the terms and conditions of the owner of such Third Party Software and User agrees that User’s use of the Platform shall not violate any terms or conditions of such Third Party Software.
The pricing for any Samurai Services or purchases is stated within the Platform. We reserve the right to increase or modify the pricing on our Platform at any time and at our discretion and we have no obligation to offer any Samurai Services at prices previously offered. We may, at any time change , modify or eliminate purchases with or without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Samurai Services offered. In the event of a price increase, Samurai may notify you and you will have the chance to accept or reject any price increase prior to any renewal. Occasionally there may be pricing errors on the Platform. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update such information as required without notice.
19. App Store Downloads
The following terms apply when you use a mobile application obtained from either the Apple App Store or Google Play (each an “Third Party App Store”) to access the Platform: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable Third Party App Store’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in this Agreement or as otherwise required under applicable law, and you acknowledge that each Third Party App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable Third Party App Store, and the Third Party App Store, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the Third Party App Store will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the Third Party App Stores are third-party beneficiaries of the terms and conditions in this mobile application license contained in this Agreement, and that each Third Party App Store will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in this Agreement Use against you as a third-party beneficiary thereof Samurai.
20. Export Controls
You represent and warrant that: (1) you are not located in a country that is subject to a U.S., E.U., or U.K. government embargo, that has been designated by the U.S. government as a “terrorist supporting” country, or listed within a “Do Not Export” list; and (2) you are not listed on any U.S. government list of prohibited or restricted parties;
21. Issues with the Platform
Samurai may from time to time assist a User with resolving any issues encountered on the Platform or the Samurai Services. Samurai reserves the right to assist but is not obligated to assist User in resolving any issues. Where Samurai assists a User in resolving an issue, User agrees that User shall abide by Samurai’s decision in resolving such issue and shall reasonably cooperate with Samurai’s instructions to resolve such issue.
THE PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SAMURAI, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY SAMURAI SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SAMURAI, OR VIA THE PLATFORM. THE SERVICE IS SOLELY INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. THE PLATFORM CANNOT GUARANTEE THAT ANY ACTIONS YOU UNDERTAKE WHILE USING THE PLATFORM WILL BE COMPLETED OR WILL BE COMPLETELY ERROR FREE. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING ANY ACTIONS REQUESTED ARE COMPLETED AS DESIRED BY YOU.
IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. SAMURAI DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. SAMURAI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY SAMURAI CONTENT) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. SAMURAI DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND SAMURAI SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SAMURAI OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
23. Limitation of Liability
BY ACCESSING AND/OR UTILIZING THE SAMURAI PLATFORM AND/OR THE SAMURAI SERVICES, AND/OR BY REGISTERING AN ACCOUNT, YOU FULLY RELEASE SAMURAI FROM ALL LIABILITY ARISING FROM, BUT NOT LIMITED TO, PROPERTY DAMAGE, DEATH, PERSONAL INJURY, PERSONAL LOSS AND OTHER CIRCUMSTANCES RESULTING FROM ERRORS, INTERACTIONS AND FAILURES INVOLVING THE SAMURAI SERVICES, OR ERRORS IN THE SAMURAI SERVICES OR CONTENT PROVIDED BY SAMURAI. IN NO EVENT SHALL Samurai, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAMURAI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (1) death or personal injury caused by Samurai’s negligence or that of any of its officers, employees or agents; (2) fraudulent misrepresentation; or (3) any liability which it is not lawful to exclude either now or IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO US IN THE PAST SIX (6) MONTHS OR ONE HUNDRED USD, WHICHEVER IS GREATER.
In addition to the above, you specifically and expressly release Samurai, its respective officers, directors, employees, agents, successors and assigns from all liability, direct and indirect, related to any and all claims and demands you may assert against any third party arising out of your use of the Samurai Platform. If you are a California resident, you expressly agree to waive California Civil Code Section 1542, which states, “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.”
You agree to defend, indemnify and hold harmless Samurai, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of and access to the Samurai Platform or your authorized user’s use of the Platform;
your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the Samurai Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial. If you are a business entity these indemnification obligations extend to all of your authorized users.
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our Platform of the infringing copy.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Samurai, email@example.com or Samurai Technologies Inc. PO Box #1102, St. Petersburg, FL 33731.
In the event that you receive a notification from Samurai stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
Your name, address, email and physical or electronic signature.
The notification reference number (if applicable).
Identification of the material and its location before it was removed.
A statement under penalty of perjury that the material was removed by mistake or misidentification.
Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where the notice provider is located (if you are not in the US).
Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice in accordance with the takedown notice instructions above.
27. Choice of Law
This Agreement shall be governed by the laws in force within the state of New York. The offer and acceptance of this contract is deemed to have occurred in the New York, New York.
Any dispute relating in any way to your visit to the Platform or the Samurai Services shall be submitted to confidential arbitration in New York City, NY. Arbitration under this Agreement for Users shall be conducted pursuant to the applicable Consumer Rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically, in written briefs, or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within New York County, NY.
You may opt-out of this dispute resolution provision by notifying Samurai within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to Samurai Technologies Inc. PO Box #1102, St. Petersburg, FL 33731, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Samurai through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within New York County, NY.
29. PAGA and Class Action Waiver
You and Samurai agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Samurai are deemed to conflict with each other’s operation, Samurai shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
32. Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Payment, Indemnification, and Arbitration.
You may terminate your access to the Platform or terminate this Agreement any time via your Samurai dashboard or contacting us at firstname.lastname@example.org. However, termination does not relieve you from any obligations or payments required by this Agreement. Please be aware that upon termination of your account or subscription, access to all or portions of our Platform may become immediately disabled and any User Content may become immediately inaccessible. We may terminate this Agreement or your access to the Platform at our discretion or if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Samurai, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
34. Entire Agreement
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
36. Electronic Communications
The communications between you and Samurai use electronic means, whether you visit the Platform or send Samurai e-mails, or whether Samurai posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Samurai in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Samurai provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Any notices required under this Agreement shall be delivered to Samurai Technologies Inc. PO Box #1102, St. Petersburg, FL 33731. Delivery confirmation required. Any notices to User shall be delivered either electronically via email or to the User’s account within the Platform.
38. Contact Us
Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at email@example.com.
39. Acts of God
All errors shall be at the sole responsibility and expense of the user. Additionally, we shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Platform, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you, inability to access to the Platform, failure of a communications satellite, strike, labor dispute, riot or insurrection, war, explosion, malicious mischief, fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God, failure or reduction of power, or any court order, law, act or order of government restricting or prohibiting the operation of or access to the Platform.
40. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Samurai must be sent to our agent for notice to: firstname.lastname@example.org or Samurai Technologies Inc. PO Box #1102, St. Petersburg, FL 33731.
California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.