Veritas and/or its affiliates and subsidiaries (collectively,
“Veritas” “we” or “us”)
are pleased to provide to you certain websites, software, applications,
content, products, and services (“Veritas Products” and
“Products”).
Please read these terms and any specific and/or supplemental terms and
conditions carefully before using Veritas products. These terms govern
your use of Veritas products in general. By using the Veritas
products you agree to be bound by these terms and any specific and/or
supplemental terms and conditions.
Your use of the Veritas products is also governed by our privacy policy.
Any dispute between you and us, except disputes resolved in small
claims court, is subject to a class action waiver and must be resolved
by individual binding arbitration. Please read the arbitration provision
(section 8. below) as it affects your rights under this
contract.
Table of contents
- These Terms of Use are a contract between You and Use
- License grant and restrictions
- Usage rules
- Paid transactions
- Contests, sweepstakes, and promotions
- Disclaimers and limitations of liability
- Submissions, user-generated content, DMCA takedown notices
- Binding arbitration and class action waiver
- Additional provisions
1. These Terms of Use are a contract between You and Use
- A. Binding Contract These terms of use (“Agreement”) are a contract between you and Veritas and its
affiliates and subsidiaries. Other than as expressly stated herein, there
are no third-party beneficiaries of this Contract.
- B. Agreement. You
represent to Veritas that you have read, understood, and expressly agree
to be bound by this Agreement, and the terms, conditions, and notices
contained or referenced herein, whether you have created a Veritas account
(and agree to this Agreement at the time you created that account) or
whether you simply browse, use, or access a Veritas Product offered
directly by Veritas or through a third party (and agree to this Agreement
when you browse, use, or access any aspect of the Veritas Product). If you
do not agree to the Agreement, you may not use the Veritas Products.
- C. Supplemental Terms.
This Agreement governs the Veritas Products in general. More specific
and/or supplemental terms and conditions may apply to some Products,
including but not limited to, a particular contest, software, application,
promotional code, service or other activity; availability of certain
merchandise, content, programs, or other activities; conditions or other
limitations to the Veritas Products for users under certain ages; and/or
specific terms or restrictions that may accompany certain territories,
programs, content, products, websites, applications or other software. Any
supplemental terms and conditions are in addition to this Agreement and,
in the event of a conflict, the supplemental terms will prevail over this
Agreement. If you do not agree to the applicable supplemental terms and
conditions disclosed, you may not use the Veritas Product.
- D. Amendments. We may need
to make changes to any portion of this Agreement from time to time and for
many reasons, including to reflect updates to the Veritas Products or
changes in law. If we make a material change to this Agreement, it will be
effective thirty (30) days following either our dispatch of a notice to
you or our posting of the amended terms through the Veritas Products, the
third party that makes Veritas Products available to you, or at https://veritas.app/tos. You are responsible for periodically reviewing this
Agreement for updates and amendments. By continuing to use the Veritas
Products you will be deemed to have agreed to and accepted any amendments.
If you do not agree to any change to this Agreement, you must discontinue
using the Veritas Products. Our customer service representatives are not
authorized to modify any provision of this Agreement, either verbally or
in writing.
- E. Accounts. Some Veritas
Products permit or require you to create an account to participate or to
secure additional benefits. You agree that any information you provide and
maintain is accurate, current and complete, including your contact
information for notices and other communications from us and your payment
information. You agree not to impersonate or misrepresent your affiliation
with any person or entity, including using another person’s username,
password or other account information, or another person’s name or
likeness, or provide false details for a parent or guardian. You agree
that we may take steps to verify the accuracy of information you provide,
including contact information for a parent or guardian.
- F. Passwords and Security.
You agree that you will not share your account or account information with
others. You are responsible for taking reasonable steps to maintain the
confidentiality of your username and password, and you are responsible for
all activities under your account that you can reasonably control. You
agree to promptly notify us of any unauthorized use of your username,
password or other account information, or of any other breach of security
that you become aware of involving your account or the Veritas Products.
- G. Electronic Notice. You
consent to receive notices, including agreements, disclosures, and other
communications, electronically from us at the email address you have
provided. You agree that these electronic notices satisfy any legal
requirements that such communications be in writing.
- H. Termination or Suspension.
We may terminate or suspend your access to any Veritas Products, and/or
terminate this Agreement subject to the survival of terms as provided
below, if required by law, or if we have objective reason to believe you
have used the Veritas Products in violation of any provision of this
Agreement or any supplemental terms, and/or if you engage in or encourage
infringement or any other illegal conduct as it relates to your use of the
Veritas Products.
2. License grant and restrictions
The Veritas Products, including, but not limited to, movies, television
shows, entertainment or informational programming, trailers, bonus
material, scripts, code, images and artwork, are our copyrighted, patented
or trademarked property or the copyrighted, patented or trademarked
property of our licensors and all copyrights, trademarks, service marks,
trade names, trade dress, patents and other intellectual property rights
in the Veritas Products are owned by us or our licensors (who may be
third-party beneficiaries of this contract) and protected by the
copyright, trademark, patent and other laws of the United States and
international treaties.
- A. Consumer License. If a
Veritas Product, or third party providing Veritas Products subject to this
Agreement, is configured to enable the use of software, content, virtual
items or other materials owned or licensed by us, we grant you a limited,
non-exclusive, non-sublicensable, non-transferable license to access and
use in the United States such software, content, virtual item or other
material for your personal, noncommercial use only, only for as long as
that Veritas Product is made available to you by us, or an authorized
third party, and only in accordance with this Agreement and/or the
specific terms that apply to that Veritas Product, with no right to
reproduce, distribute, communicate to the public, make available to the
public, or transform any Veritas Product, in any media format or channel
now known or hereafter devised (except as may be expressly described or
contemplated within the Veritas Product). This is a license agreement and
not an agreement for sale or assignment of any rights in the Veritas
Products. Except as we specifically agree in writing, no element of the
Veritas Products may be used or exploited in any way other than as part of
the authorized Product made available to you. You may own the physical
media on which elements of the Veritas Products are made available to you,
but we retain full and complete ownership of the Veritas intellectual
property. We do not transfer title to any portion of the Veritas websites,
software, applications, content, virtual items or other materials and/or
services to you. Likewise, the purchase of a license to use any Veritas
Product does not create an ownership interest in the Veritas websites,
software, applications, content, virtual items or other materials and/or
services.
- B. Restrictions on Your Use of Veritas’s Products. You agree that as a condition of your license, you will not:
- circumvent or disable any content protection system or digital rights
management technology used in connection with the Veritas Product;
- copy the Veritas Product (except as expressly permitted by us);
- rebroadcast, transmit or perform the Veritas Product;
- create derivative works of the Veritas Product or any part thereof,
except as and only to the extent that any foregoing restriction is
prohibited by applicable law;
- move, decompile, reverse-engineer, disassemble, or otherwise reduce to
human-readable form the Veritas Products and/or the video player(s),
underlying technology, any digital rights management mechanism, device, or
other content protection or access control measure incorporated into the
video player(s);
- modify the Veritas Products, including, but not limited to, by
removing identification, copyright or other proprietary notices from the
Veritas Products, or by framing, mirroring, or utilizing similar
techniques;
- access or use the Veritas Products in a manner that suggests an
association with our products, services or brands;
- use the Veritas Products for any commercial or business related use
or build a business utilizing the Products, whether or not for profit;
- bypass, modify, defeat, tamper with or circumvent any of the functions
or protections of the Veritas Products;
- access, monitor or copy, or permit another person or entity to access,
monitor or copy, any element of the Veritas Products using a robot,
spider, scraper or other automated means or manual process without our
express written permission;
- damage, disable, overburden or impair the Veritas Products;
- use the Veritas Products in any unlawful manner, for any unlawful
purpose, or in any manner inconsistent with this Agreement; and
- allow third parties to violate the above restrictions
- C. Violation. Any attempt
to perform any of the restricted actions listed above is a violation of
the rights of Veritas and/or the intellectual property rights holder.
- D. Export Controls. You
may not access or use any Veritas Product in violation of
United States export control and economic sanctions requirements. By acquiring services, content or software through the Veritas
Products, you represent and warrant that your access to and use of the
services, content or software will comply with those requirements.
3. Usage rules
- A.
Changes to the Veritas Products. The Veritas Products are constantly evolving and will change over time.
We reserve the right to make such changes or, if necessary, discontinue
Veritas Products. If required by law, we may also need to suspend,
restrict, or terminate your access to Veritas Products.
- B.
Third-Party Services or Platforms. The Veritas Products may integrate, be integrated into, or be provided
in connection with third-party websites, services, applications,
platforms, and/or content. We do not control those third-parties or the
products they make available. You should read the terms of use agreements
and privacy policies that apply to such third-party products. If you
access a Veritas Product using an Apple iOS, Android or Microsoft
Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or
Microsoft Corporation, respectively, shall be a third-party beneficiary of
this contract. However, these third-party beneficiaries are not a party to
this contract. You agree that your access to the Veritas Products using
these devices also shall be subject to the usage terms set forth in the
applicable third-party beneficiary’s terms of service. You represent to
Veritas that you have read and agreed to those terms.
- C.
Internet, Browser and System Requirements. You may need a high speed Internet connection and/or minimum system
and/or browser requirements to access and use certain aspects of the
Veritas Products. You are required to review the minimum requirements
necessary for use of the specific Product.
- D. Mobile Networks. When
you access the Veritas Products through a mobile network, your network or
roaming provider’s messaging, data and other rates and fees will apply.
Downloading, installing or using certain Products may be prohibited or
restricted by your network provider and not all Products may work with
your network provider or device.
- E. Consent to Messages.
When you use the Veritas Products, you may be given the opportunity to
consent to receive communications from us through email, text, and/or
mobile push notifications. Standard text and calling rates will apply. You
agree that texts, calls or prerecorded messages may be generated by
automatic telephone dialing systems. You can opt out of promotional
communications by following the “Unsubscribe” directions for emails,
through the settings of the Veritas Product, or, if via text message, by
responding STOP. You acknowledge that you are not required to consent to
receive promotional texts or calls as a condition of using the Veritas
products.
- F. App Permissions. When
you use the Veritas Products, you may grant certain permissions to us for
your device and/or accounts. Most mobile device platforms provide
additional information regarding these permissions and how, if possible,
to changes your permission settings. By downloading, installing or using
the Veritas Products, you agree to receive automatic software updates (as
applicable).
- G.
Informational and Entertainment Purposes. You understand that the Veritas Products are for your personal,
noncommercial use and are intended for informational and entertainment
purposes only; the content available does not constitute legal, financial,
professional, medical or healthcare advice or diagnosis and cannot be used
for such purposes.
- H.
Commercial, Marketing, or Branding Use Prohibited. Except as expressly licensed, we do not allow uses of the Veritas
Products, or other Veritas intellectual property, that are commercial or
business-related, including used in marketing or branding, or that
advertise or offer to sell or promote products or services (whether or not
for profit), or that solicit others (including solicitations for
contributions or donations).
- I. Malware. You agree not
to knowingly or recklessly introduce a virus or other harmful component,
or otherwise tamper with, impair or damage any Veritas Product or
connected network, or interfere with any person or entity’s use or
enjoyment of any Veritas Product. You agree not to use any software or
device that allows automated gameplay, expedited gameplay, or other
manipulation of gameplay or game client and you agree not to cheat or
otherwise modify a Veritas Product or game experience to create an
advantage for one user over another.
- J. Simulated Activity. You
understand that to support smooth operation of the Veritas Products across
wide geographic areas, aspects of certain activities, such as game play,
may be simulated to avoid delays.
- K.
Affiliate Advertising Programs. Veritas is a participant in affiliate advertising programs designed to
provide a means for websites, apps, or services to earn advertising fees
by advertising and linking to third party retail sites. For further
information, please refer to
our Privacy Policy.
4. Paid transactions
- A. Identity of Seller.
Sales are made by Veritas or the authorized seller identified at the time
of sale, if different. If you have questions about your order, please
contact the seller at the address provided and they will assist you. Some
digital storefronts on the Veritas Products are operated by third parties
and, in that case, different or additional sale terms may apply, which you
should read when they are presented to you.
- B.
Digital Content and Virtual Items. We may make applications, games, software or other digital content
available on the Veritas Products or through authorized third parties for
you to license for a one-time fee. When purchasing a license to access
such material from a Veritas Product, charges will be disclosed to you
before you complete the license purchase.
- Your purchase of a virtual item or in-game currency is a payment for a
limited, non-assignable license to access and use such content or
functionality as intended by the Veritas Products with no right to
reproduce, distribute, communicate to the public, make available to the
public or transform any Veritas Product via any online media, in any media
format or channel now known or hereafter devised (except as may be
expressly described or contemplated within the Veritas Product). Virtual
items (including characters and character names) or in-game currency
purchased or available to you in the Veritas Products can only be used in
connection with the Veritas Products where you obtained them or where they
were assembled by you as a result of game play. These items are not
redeemable or subject to refund and cannot be traded outside of the
Veritas Products for money or other items for value. We may modify or
discontinue virtual items or in-game currency at any time.
- C. Subscriptions. Some
Veritas Products require paid subscriptions and the acceptance of
supplemental terms to access.
By signing up for a subscription, you agreed that your subscription
will be automatically renewed and, unless you cancel your subscription,
you authorized us to charge your payment method for the renewal
term.
You agree that we can change the terms of the subscription with advance
notice to you and an opportunity for you to cancel. The period of
auto-renewal will be the same as your initial subscription period unless
otherwise disclosed to you. The renewal rate will be no more than the rate
for the immediately prior subscription period, excluding any promotional
and discount pricing, unless we notify you of a rate change prior to your
auto-renewal, in which case you will have the right to cancel the renewal
of your subscription. From time to time, we may offer a free trial
subscription for a Veritas Product. If you register for a free trial
subscription, we will begin to bill your account when the free trial
subscription expires, unless you cancel your subscription before that
time.
- Unless otherwise disclosed when you subscribe, you have the right to
cancel your Veritas Product subscription . When a subscription is
canceled, you will not receive a prorated refund, but you will continue to
have access to the Veritas Products until the end of the term during which
you canceled the subscription. If you cancel your subscription, you will
still be obligated to pay other charges incurred by you in the course of
using the Veritas Product prior to the date of cancellation. If you pay a
periodic subscription fee for a Veritas Product, we will provide you with
reasonable notice of changes to the fees or billing methods in advance of
their effective date and you will be able to cancel your subscription
prior to such change. If you subscribed online, we will give you the
option of cancelling the subscription online.
- D. The Order Process. You
will have the opportunity to review and confirm your order, including
delivery address (if applicable), payment method and product details. We
will send to you a notice when we accept your order and our acceptance
will be deemed complete and for all purposes to have been effectively
communicated to you at the time we send the notice. At such time, the
contract for sale will be made and become binding on both you and us. The
risk of loss in any goods you purchase and the responsibility to insure
them passes to you when the relevant goods are delivered.
- We reserve the right to refuse or cancel any order prior to delivery. Some
situations that may result in your order being cancelled include system or
typographical errors, inaccuracies in product or pricing information or
product availability, fairness among customers where supplies are limited,
or problems identified by our credit or fraud departments. We also may
require additional verification or information before accepting an order.
We will contact you if any portion of your order is cancelled or if
additional information is required to accept your order. If your order is
cancelled after we have processed your payment but prior to delivery, we
will refund your payment.
- E. Payments and Billing.
When you provide payment information, you represent and warrant that the
information is accurate, that you are authorized to use the payment method
provided, and that you will notify us of changes to the payment
information. We reserve the right to utilize third party payment card
updating services to obtain current expiration dates on credit cards and
debit cards.
- F.
Right of Cancellation; Return of Goods. You may have the right to cancel an order placed for a Veritas Product
– depending on the nature of the Veritas Product. Please read the
following information carefully so you understand your right of
cancellation.
- G. Cancelling Subscriptions: Please see the information above on
the process for cancelling subscriptions in our Subscriptions section,
above.
- H. Digital Content: When you purchase a license to access digital
content or virtual items, you will be given an opportunity to consent to
delivery at the time of purchase. By consenting to delivery, you
acknowledge that you have lost the right to cancel. License purchase fees
paid for digital content are non-refundable.
- Pricing, Taxes. We may
revise the pricing for the Veritas Products we offer. When you place your
order, we estimate the applicable tax and include that estimate in the
total for your convenience. Except to the extent required under applicable
tax laws, the actual tax amount that will be applied to your order and
charged to your payment method is based on calculations on the date of
shipment, regardless of when the order was placed.
5. Contests, sweepstakes, and promotions
Contests, sweepstakes and other similar promotions that you enter on a
Veritas Product or in connection with Veritas Products integrated with a
third-party website, service, application, platform, and/or content
(“Veritas Promotions”) may be subject to official rules
and/or conditions that are supplemental to this Agreement, and which may
provide details governing the Veritas Promotion such as eligibility
requirements, entry instructions, deadlines, prize information and
restrictions. If you wish to participate in any Veritas Promotion, please
first review the applicable Promotion official rules and/or conditions. If
a Veritas Promotion’s official rules and/or conditions conflict with this
Agreement, the provisions contained in the official rules and/or
conditions govern and control the Veritas Promotion. Your entry in to a
Veritas Promotion constitutes User Generated Content and is subject to all
provisions of this Agreement that govern your submission and our use of
your User Generated Content.
6. Disclaimers and limitations of liability
The Veritas products are provided “as is” and “as available.” We disclaim
all conditions, representations and warranties not expressly set out in
these terms to the fullest extent permitted by law.
Please refer to the help section of the applicable Veritas product for
assistance if a Veritas product is not working properly. It is your
responsibility to ensure you follow installation instructions, have the
minimum system requirements, update software as recommended, and consult
our customer service resources if you encounter a problem with the Veritas
Products.
We shall not be liable for delay or failure in performance for causes
beyond our control or any other damage which does not result from a breach
of our obligations under this Agreement.
We are not liable for business losses. We only supply products for your
personal, non-commercial, and domestic use. If you use the products for
any other purpose we will have no liability to you for any loss of profit,
loss of business, business interruption, loss of business opportunity, or
similar loss.
We are not responsible for any lack of functionality or failure to provide
any part of the veritas product(s), or any loss of content or data that is
due to: your equipment, devices, operating system or internet connection;
or your failure to comply with specified compatibility requirements.
We shall not be liable to you for indirect, incidental, special or
consequential damages, including lost profits and property damage, even if
we were advised of the possibility of such damages, nor shall we be held
liable for delay or failure in performance resulting from causes beyond
our reasonable control.
In no event shall our total liability to you for all damages, losses and
causes of action exceed one thousand u.s. dollars (us $1,000).
7. Submissions, user-generated content, DMCA takedown notices
- A.
Submissions and Unsolicited Ideas Policies. Our long-standing company policy does not allow us to accept or
consider unsolicited creative ideas, suggestions or materials. In
connection with anything you submit to us – whether or not solicited by us
– you agree that creative ideas, suggestions or other materials you submit
are not being made in confidence or trust and that no confidential or
fiduciary relationship is intended or created between you and us in any
way, and that you have no expectation of review, compensation or
consideration of any type.
- B.
User Generated Content.
The Veritas Products may ask for or allow you to communicate, submit,
upload or otherwise make available text, chats, images, audio, video,
contest entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these
features may be subject to age restrictions. Whether a Veritas Product
made available by us or in connection with Veritas Products appears on a
Veritas website, service and/or platform or is integrated with a
third-party website, service, application, and/or platform, you may not
submit or upload User Generated Content that is defamatory, harassing,
threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or
otherwise offensive or that harms or can reasonably be expected to harm
any person or entity, whether or not such material is protected by law.
- In most instances, we do not claim ownership of your User Generated
Content; however, you grant us a non-exclusive, sublicensable, irrevocable
and royalty-free worldwide license under all copyrights, trademarks,
patents, trade secrets, privacy and publicity rights and other
intellectual property rights for the full duration of those rights to use,
reproduce, transmit, print, publish, publicly display, exhibit,
distribute, redistribute, copy, index, comment on, modify, transform,
adapt, translate, create derivative works based upon, publicly perform,
publicly communicate, make available, and otherwise exploit such User
Generated Content, in whole or in part, in all media formats and channels
now known or hereafter devised (including in connection with the Veritas
Products and on third-party websites, services, applications, and/or
platforms), in any number of copies and without limit as to time, manner
and frequency of use, without further notice to you, without attribution
(to the extent this is not contrary to mandatory provisions of applicable
law), and without the requirement of permission from or payment to you or
any other person or entity. You agree that submission of User Generated
Content does not establish any relationship of trust and confidence
between you and us, and that you have no expectation of compensation
whatsoever (except as may be specifically stated in the provisions of the
Veritas Products in connection with the submission, or arising from it).
- You represent and warrant that your User Generated Content conforms to
this Agreement and that you own or have the necessary rights and
permissions including, without limitation, all copyrights, music rights
and likeness rights (with respect to any person) contained in the User
Generated Content, without the need for payment to any other person or
entity, to use and exploit, and to authorize us to use and exploit, your
User Generated Content in all manners contemplated by this Agreement; and
you agree to indemnify and hold us harmless from any claims or expenses
(including attorneys’ fees) by any third party arising out of or in
connection with our use and exploitation of your User Generated Content
resulting from your breach of this Agreement. You also agree to waive and
not to enforce any moral rights, ancillary rights or similar rights in or
to the User Generated Content against us or our licensees, distributors,
agents, representatives and other authorized users, and agree to procure
the same agreement to waive and not to enforce from others who may possess
such rights.
- To the extent that we authorize you to create, post, upload, distribute,
publicly display or publicly perform User Generated Content that requires
the use of our copyrighted works, we grant you a non-exclusive license to
create a derivative work using the specifically referenced copyrighted
works as required for the sole purpose of creating such a work, provided
that such license shall be conditioned upon your assignment to us of all
rights worldwide in the work you create for the duration of copyright in
the User Generated Content, in all formats and media known or unknown to
date, including for use on Veritas Products and on third party sites and
platforms. If such rights are not assigned to us, your license to create
derivative works using our copyrighted works shall be null and void.
- We may monitor, screen, post, remove, modify, store and review User
Generated Content or communications sent through a Veritas Product, at any
time and for any reason, including to ensure that the User Generated
Content or communication conforms to this Agreement, without prior notice
to you. We may terminate your account and access to the Veritas Products
if your User Generated Content violates this Agreement, including unlawful
postings or content, without prior notice to you. We are not responsible
for, and do not endorse or guarantee, the opinions, views, advice or
recommendations posted or sent by users.
- C.
Claims of Copyright Infringement. Notifications of claimed copyright infringement and counter notices
must be sent to our designated agent: info@veritas.app.
- We are only able to accept notices in the languages in which this
Agreement is made available by us.
- We will respond expeditiously to claims of copyright infringement
committed using the Veritas Products that are reported to our designated
copyright agent, in accordance with the U.S. Digital Millennium Copyright
Act of 1998 (“DMCA”) or, as applicable, other laws. With
respect to Veritas Products hosted in the United States, these notices
must include the required information set forth in the DMCA and described
in detail here.
8. Binding arbitration and class action waiver
Proceedings to resolve or litigate a dispute in any forum will be
conducted on an individual basis. Neither you nor Veritas will seek to
have a dispute heard as a class action or private attorney general action
or in any other proceeding in which either party acts or proposes to act
in a representative capacity. No arbitration or proceeding can be combined
with another without the prior written consent of all parties to the
arbitrations or proceedings.
You and Veritas agree to arbitrate, as provided below, all disputes
between you (including any related disputes involving The Walt Veritas
Company, its subsidiaries or its affiliates), that are not resolved
informally, except disputes relating to the ownership or enforcement of
intellectual property rights. “Dispute” includes any
dispute, action, or other controversy, whether based on past, present, or
future events, between you and us concerning the Veritas Products or this
Agreement, whether in contract, tort, warranty, statute, regulation, or
other legal or equitable basis. You and Veritas empower the arbitrator
with the exclusive authority to resolve any dispute relating to the
interpretation, applicability or enforceability of these terms or the
formation of this contract, including the arbitrability of any dispute and
any claim that all or any part of this Agreement are void or voidable.
- A. In the event of a dispute, you or Veritas must send to the other party
a notice of dispute, which is a written statement that sets forth the
name, address, and contact information of the party giving the notice, the
facts giving rise to the dispute, and the relief requested. You must send
any notice of dispute to infor@veritas.app, Attention: Legal. We will send
any notice of dispute to you at the contact information we have for you.
You and Veritas will attempt to resolve a dispute through informal
negotiation within sixty (60) days from the date the notice of dispute is
sent. After that sixty (60) day period and not before, you or we may
commence an arbitration proceeding. You may instead litigate a dispute in
small claims court if the dispute meets the requirements to be heard in
small claims court, whether or not you negotiated informally first.
- B. If you and Veritas do not resolve a dispute by informal negotiation or
in small claims court, the dispute shall be resolved by binding
arbitration before a neutral arbitrator whose decision will be final
except for a limited right of appeal under the U.S. Federal Arbitration
Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A
JUDGE OR JURY. Arbitration will be administered by JAMS Mediation,
Arbitration and ADR Services (“JAMS”) in accordance with
the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration
are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be
conducted in person, through the submission of documents, by phone, or
online. Proceedings that cannot be conducted through the submission of
documents, by phone, or online, will take place in San Francisco,
California. You and Veritas agree to submit to the exclusive jurisdiction
of the federal or state courts located in either San Francisco, California
in order to compel arbitration, to stay proceedings pending arbitration,
or to confirm, modify, vacate, or enter judgment on the award entered by
the arbitrator. The arbitrator may award damages to you individually as a
court could, including declaratory or injunctive relief, but only to the
extent required to satisfy your individual claim.
- In accordance with the JAMS Rules, the party initiating the arbitration
(either you or Veritas) is responsible for paying the filing fee. However,
if the arbitrator issues you an award of damages and: (a) that award is
greater than the amount of our last written settlement offer; or (b) if we
did not make a settlement offer, then in addition to paying for any JAMS
Case Management Fees and all professional fees for the arbitrator’s
services, we will reimburse you for the filing fees you incurred.
- Except as provided above with respect to jurisdiction in San Francisco,
California and Manhattan, nothing in this arbitration provision shall be
construed as consent by Veritas to the jurisdiction of any other court
with regard to disputes, claims or controversies unrelated to the Veritas
Products or this Agreement.
9. Additional provisions
- A. Choice of Forum. You
agree that any action at law or in equity arising out of or relating to
this Agreement that is not subject to arbitration shall be filed, and that
venue properly lies, only in the state or federal courts located in either
San Francisco, California United States of America and you consent and
submit to the personal jurisdiction of such courts for the purposes of
litigating such action.
- B. Choice of Law. This
Agreement is governed by and construed in accordance with the laws of the
State of California and the laws of the United States, without giving
effect to any conflict of law principles.
- C. Severability. If any
provision of this Agreement shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from this
Agreement and shall not affect the validity and enforceability of any
remaining provisions.
- D. Survival. The
provisions of this Agreement which by their nature should survive the
termination of this Agreement shall survive such termination, including
but not limited to the restrictions, disclaimers, limitations, our rights
to use submitted content, and rules regarding dispute resolution in
Section 2, 3, 6, 7, and 8 as well as the general provisions in this Section
9.
- E. Waiver. No waiver of
any provision of this Agreement by us shall be deemed a further or
continuing waiver of such provision or any other provision, and our
failure to assert any right or provision under this Agreement shall not
constitute a waiver of such right or provision
This document was last updated on January 17, 2020.