Chobolabs terms of service
Last Updated: December 5th, 2022
Effective Date: January 7th, 2023
Previous versions of this notice can be found here
Important: Please read these terms carefully. The Section titled “Arbitration, Dispute Resolution” contains an arbitration agreement and class action waiver that apply to all claims brought against Chobolabs, and could significantly affect your legal rights.
Welcome to Chobolabs!
These Chobolabs Terms of Service (“Terms”) set forth the legal obligations between you and Chobolabs, LLC (“Chobolabs”, “we”, “us”, or “our”), and apply to your access and use of the Chobolabs Service. When we say “Service,” we mean Chobolabs’ websites, mobile applications, games, platforms, technology, software, and any other products, services, and features we make available to you. These terms are a legally binding agreement. By using the Service, you agree to the Terms. If you don’t agree with these Terms, don’t use the Service. When using certain parts of the Service, other policies and terms may also apply and are incorporated to these Terms.
When we say “you” or “your,” we mean you. If you’re accessing our Service on behalf of a legal entity, you agree that you have the authority to bind that entity to these terms, and “you” and “your” will refer to that entity.
1. WHO WE ARE
The Service is provided by Chobolabs, LLC, a company operating under the laws of Delaware, located at 421 Castro St. Mountain View, CA, 94041. When we reference affiliates in these Terms, we mean the subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and their agents, consultants, employees, officers, and directors (whether now or in the future).
2. UPDATES TO THESE TERMS
We may decide to update or change these Terms from time-to-time. When we update the Terms, we will post the changes on this page and indicate the date these terms were last revised. We may provide additional notice, such as messaging within the Service of material changes. If you continue to use the Service after the date the such changes become effective, it means you agree to the changes. If you do not agree, you must stop using the Service. The arbitration provisions described in Section 19 are subject to the separate modification terms therein.
The Chobolabs Privacy Notice (https://www.chobolabs.com/privacy-policy/) describes how your information is handled when you use our Service or engage with us. This includes how we collect, store, use and disclose your information and your rights and choices. By using the Service, you acknowledge our processing of personal data as outlined therein.
4. USE OF THE SERVICE
You may not use the Service:
– unless you can form a binding contract with Chobolabs;
– if you have been removed by Chobolabs or previously been banned from playing any Chobolabs game; and
– if you are located in a country embargoed by the United States or on the U.S. Treasury Department’s list of Specially Designated Nationals.
No one under 13 years of age is allowed to create an Account or use the Service. If you are under 18 years old (or the minimum age of digital consent in your country), you may use the Service only with the approval of your parent or legal guardian, and you represent that you have your parent or guardian’s permission to use the Service. Please have them review these Terms with you.
To use our Service, you may need to create an account (an “Account”) by providing information like a username, email, or password, or by connecting a valid account on a social networking platform (“Social Networking Platform(s)”). To access certain features, you may also need to have an account with the company that provides your mobile applications, like an Apple ID account. Some parts of the Service may require you to connect an ethereum-compatible wallet, such as MetaMask. You must provide accurate, current, and complete information at all times.
TO AVOID RETAINING DATA THAT IS NO LONGER NEEDED AND/OR TO IMPROVE OUR SERVICE, WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS.
You may not create an Account using a false identity or information, or on behalf of someone other than yourself.
You are responsible for maintaining the security and confidentiality of your Account. If you think your Account or information has been compromised, notify Chobolabs immediately. Chobolabs will not be liable to you for any loss or damage arising from any unauthorized activity on your wallet or any linked services, or any other failure to secure access to those linked wallets or services. You may not share your Account details with others, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.
You are fully responsible for any and all activities that occur under your login information or Account. This includes purchases, whether or not authorized by you, and any unauthorized use of the Service by minors in connection with your Account (e.g., use of your credit card or other payment instrument by minors). Chobolabs will have no liability to you for any damage or loss arising from unauthorized uses.
4.3 Restrictions on Using the Service
You must use the Service only for purposes in compliance with these Terms and any applicable laws. You may not do, attempt to do, enable, or encourage anyone else to do, any of the following:
– use your Account for commercial purposes unless authorized by Chobolabs in writing;
– use your Account to advertise, solicit, or transmit any commercial advertisements (e.g., chain letters, junk e-mail, repetitive messages, spam);
– transfer your Account or Virtual Items outside of the Service without Chobolabs’ written permission, for example, by selling, gifting, or trading them;
– access or use an Account or Virtual Items that have been transferred from the original Account creator without Chobolabs’ written permission;
– improperly use Chobolabs’ support services, including submitting false reports;
– solicit or attempt to solicit personal information from other users of the Service;
– attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Chobolabs employees, including Chobolabs’ customer service representatives;
– have more than one Account (per platform or Social Networking Platform) at any given time; or
– post, share, or link to any information that contains excessive violence or nudity, or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
Chobolabs reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates a third party’s rights.
4.4 Other Users on the Service
You are solely responsible for your interactions with any other user in connection with the Service and Chobolabs will have no liability or responsibility with respect thereto. Chobolabs reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
5. CHANGES & LIMITATIONS TO THE SERVICE
5.1 General Practices Regarding Use and Storage
Chobolabs may have limits concerning use of the Service, such as the maximum period of time that data or content will be retained, or the maximum storage space that will be allotted on Chobolabs’ servers on your behalf. Chobolabs has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. Chobolabs reserves the right to terminate accounts that are inactive for an extended period of time.
5.2 Modifications to Service
We may change, add, or remove features, products, or functionalities, or we may also suspend or stop the Service altogether. We may take any of these actions at any time for any reason, with or without notice. Chobolabs will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
6. RIGHTS WE GRANT YOU
6.1 Ownership of the Service
As between you and Chobolabs, Chobolabs is the owner of the Service, including all proprietary content, information, material, games, software, images, text, graphics, “look and feel” of the Service, and all related intellectual property rights. The Service is protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws.
6.2 Service License
Chobolabs grants you a non-exclusive, non-transferable, and revocable limited license to access and use the Service consistent with these Terms. You agree not to use the Service for any other purpose than as specifically authorized. Any rights not expressly granted herein are reserved by Chobolabs.
6.3 Your Account and Virtual Items
Through our Service, you may be able to “earn,” “buy,” or “purchase” (a) virtual currency (e.g., virtual coins, cash, tokens, or points) for use within the Service, or (b) virtual in-game items (altogether with virtual currency, “Virtual Items”). You do not own the Virtual Items, regardless of whether you “earned” those Virtual Items or “purchased” them. When you purchase Virtual Items, you are purchasing a limited license to use the Service, including software programs that occasionally manifest themselves as these items. The Virtual Items do not reflect any real-world balance or stored value, but rather a measurement of the extent of your license.
Your Account and any related Virtual Items are owned by Chobolabs, and Chobolabs gives you a limited license and right to use your Account and related Virtual Items as a part of the Service.
Chobolabs prohibits and does not recognize any transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by Chobolabs in writing. You may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game, without Chobolabs’ written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
The purchase and sale of the limited license in these Virtual Items is deemed a completed transaction upon receipt of your direct payment or redemption of a Chobolabs game card or a third party virtual currency like Facebook Credits.
7. LICENSE RESTRICTIONS
Chobolabs may suspend or revoke your license to the Service if you violate or assist others in violating these Terms. You agree that you will not (or assist or allow others to), under any circumstances:
– violate any law, rule, or regulation;
– make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Chobolabs employee;
– copy or reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Service;
– Use (or use the Service to directly or indirectly design) any cheats, hacks, mods or any unauthorized third party software that would interfere with the Service or any Chobolabs game experience;
– use the Service for the purpose of (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale; (3) for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;
– disrupt, attack, overburden, or otherwise interfere with any part of the Service;
– attempt to access areas or features of the Service or Accounts registered to others that you are not authorized to access;
– Try to gain unauthorized access to our computers, data, systems, accounts, or networks;
– make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
– intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
– bypass any robot exclusion headers or other measures we employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
– implement any measures to circumvent any blocking implemented by Chobolabs to block you from accessing the Service (e.g., by masking your IP address or using a proxy IP address)
– use any unauthorized software or process that accesses, intercepts, extracts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service;
– collect, harvest, or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
– engage in any act that Chobolabs deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics, or policies;
ATTEMPTS TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY CHOBOLABS GAME IS A VIOLATION OF THESE TERMS AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
8. FEES AND PAYMENT
If you make any purchases on the Service, you will be required to provide Chobolabs information about your payment method. You represent and warrant to Chobolabs that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Chobolabs the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms. We reserve the right to change Chobolabs’ prices. If Chobolabs does change prices, Chobolabs will provide notice of the change on the Site or in email to you, at Chobolabs’ option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Service other than U.S. taxes based on Chobolabs’ net income.
8.2 Virtual Items
Within the Service, you may purchase, with “real world” money or by redeeming game cards or third party virtual currency, a license to use Virtual Items and or other goods or services. You can license Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you purchase a license to Virtual Items from our Service, we may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Chobolabs keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and Chobolabs is not a party to the transaction.
ALL SALES ARE FINAL. PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE.
CHOBOLABS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED (WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR REGARDLESS OF THE PLATFORM WHERE YOU MADE A PAYMENT.
For Virtual Items, your order will represent an offer to us to purchase a license for the relevant Service which will be accepted by us when we make the Virtual Items available in your Account for you to use in our games or debit your credit card, whichever comes first.
Your license to Virtual Items for use in Chobolabs games is a service provided by Chobolabs that commences upon acceptance by Chobolabs of your purchase or redemption of third party virtual currency. By ordering a license to use Virtual Items you agree and accept that Chobolabs will provide it to you promptly following completion of your purchase. If you reside in the European Union or United Kingdom and you purchase a product or service from Chobolabs, you may have the right to withdraw from a purchase within 7 calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from Us, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.
8.3 Gas Fees
Transactions occurring on blockchain networks may require the payment of a transaction fee (a “Gas Fee“). You may be responsible for paying any Gas Fee for each transaction that occurs via the Platform.
9. YOUR CONTENT
Parts of our Service lets you create, share, send, receive, or store content (collectively, “User Content”). You grant Chobolabs and its affiliates a nonexclusive, worldwide, royalty free, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You are entirely responsible for all User Content you post or otherwise transmit via the Service. You represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.
10. USER CONTENT
Chobolabs assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service or User Content. While not required to do so, Chobolabs may edit, refuse to post, or remove any User Content, and may review or record your interactions with the Service (including chat, text, and voice communications). By entering into these Terms, you hereby provide your irrevocable consent to such review and recording.
Chobolabs reserves the right, in its sole discretion, to refuse or remove content or activities available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
11. THIRD-PARTY SERVICES
The Platform may contain links to or integrations with Social Networking Platforms, third-party websites, applications, or services (altogether, “Third–Party Services”) that are subject to different terms and privacy practices. Chobolabs does not own or control those Third-Party Services, and is not responsible or liable for any aspect of such Third-Party Services, including any damage you suffer as a result of your interactions or transactions with Third-Party Services. Links and integrations to Third-Party Services are not an endorsement or recommendation. If you access the Service from a social network site or service, such as Facebook, or download the Service from another platform, such as Apple or Google, you must also comply with that third party’s terms and policies in addition to these Terms.
Chobolabs appreciates your enthusiasm for our games and feedback. Chobolabs’ policy, however, does not allow us to accept or consider any unsolicited ideas, suggestions, proposals, comments or materials around improvements and changes to Chobolabs’ products and features (“Submissions”). The purpose of this policy is to avoid potential misunderstandings when Chobolabs’ products, services or features might appear to be similar or identical to ideas submitted to Chobolabs. If, despite knowing our policy, you still choose to submit your ideas to Chobolabs, then regardless of what you communicate to us when you submit those ideas, the following terms apply to your Submissions:
– Chobolabs will consider the Submissions to be non-confidential and non-proprietary.
– Chobolabs shall have no obligations concerning the Submissions, including but not limited to, no obligation to return any materials or acknowledge receipt of any Submissions.
– Chobolabs may use, copy, distribute, perform, display, publish, create any derivative works from or disclose the Submissions for any purpose and in any way, without any compensation to you or any third party.
13. DATA PRESERVATION
Subject to applicable laws, you acknowledge and agree that Chobolabs may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Chobolabs, its users and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
14. COPYRIGHT NOTICES
Chobolabs respects the intellectual property rights of others and expects its users to do the same.
A notification of claimed copyright infringement should be emailed to Chobolabs’ Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: Chobolabs Copyright Agent, 421 Castro St. Mountain View, CA, 94041
To be effective, the notification must be in writing and contain the following information:
– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
– a description of the copyrighted work or other intellectual property that you claim has been infringed;
– a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
– your address, telephone number, and email address;
– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
– a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Repeat Infringer Policy
It is Chobolabs’ policy, in appropriate circumstances and at its discretion, to terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringement.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
– your physical or electronic signature;
– identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
– a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
– your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Chobolabs will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
15. MOBILE SERVICES
The Service may include certain mobile features (collectively, the “Mobile Services”). By using the Mobile Services, you agree that we may communicate with you regarding Chobolabs and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You’re responsible for any mobile charges that you may incur for using our Services, including text-messaging (e.g., SMS, MMS, or similar protocols and technologies) and data charges.
16. INDEMNITY AND RELEASE
You agree, to the extent permitted by law, to release, indemnify and hold Chobolabs and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
17. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHOBOLABS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CHOBOLABS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHOBOLABS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHOBOLABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL CHOBOLABS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CHOBOLABS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
IF THE JURISDICTION WHERE YOU RESIDE DOES NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN WARRANTIES PROVIDED IN THESE TERMS, THAT LIMITATION WILL NOT APPLY TO THE EXTENT PROHIBITED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
19. ARBITRATION, DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
19.1 Agreement to Arbitrate
In this dispute resolution section (the “Arbitration Agreement”), you agree that any and all disputes or claims, arising out of or relating to these Terms (including any alleged breach thereof), or the use of the Service, or any aspect of the relationship or transactions between us, will be resolved exclusively by binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. You may assert individual claims in small claims court, if your claims qualify. By entering into these Terms, you and Chobolabs are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Further, this Arbitration Agreement doesn’t prevent you from bringing issues to the attention of federal, state, or local agencies, and such agencies can seek relief against us on your behalf if the law allows.
If you reside in the European Union or United Kingdom, to the extent these Terms allow you or Chobolabs to initiate litigation in a court, both you and Chobolabs agree that all claims and disputes (whether contractual or otherwise), arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of England in the United Kingdom, unless prohibited by the laws of the country where you reside. You and Chobolabs consent to the exclusive jurisdiction of those courts.
19.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND CHOBOLABS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. EXCEPT AS SET FORTH IN SECTION 19.6 (“BATCH ARBITRATION”), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. LIKEWISE (AND EXCEPT AS NECESSARY TO EFFECTUATE THE “BATCH” PROCESS SET FORTH IN SECTION 19.6 BELOW (“BATCH ARBITRATION”), THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). NOTWITHSTANDING THE FOREGOING, YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
19.3 Pre-Arbitration Dispute Resolution
Chobolabs is always interested in resolving disputes amicably and efficiently. If you have a concern, let’s talk. Before pursuing legal action, you agree to try to resolve a dispute with us informally by emailing customer support at firstname.lastname@example.org.
This includes first sending a written description of the dispute along with the email address associated with your account. The written description must be on an individual basis and provide at least the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. For any dispute that we initiate, we will send our written description of the dispute to the email address associated with your account.
You and Chobolabs agree to work together in good faith about the dispute, which could include informal telephone conferences. These informal telephone conferences will be individualized (we’ll hold a telephone conversation each time either party intends to commence individual arbitration, and multiple individuals initiating claims cannot participate in the same informal conference). If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. If the dispute is not resolved satisfactorily through this informal process within sixty (60) days after receipt of the written description of the dispute, you and Chobolabs agree to the further dispute resolution provisions below.
The informal dispute resolution mentioned above is a prerequisite to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations periods, filing fees, or other deadlines will be tolled while the parties engage in this informal dispute resolution process. Failure to engage in this process could result in the award of fees against you in arbitration.
19.4 Initiating Arbitration
Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Pre-arbitration Dispute Resolution provision, and only if those efforts fail, may either party then initiate binding arbitration as the sole means to resolve claims. A party who desires to initiate arbitration must deliver to JAMS and the other party a demand for arbitration which satisfies the following requirements: the name, telephone number, mailing address, and email address of the party seeking arbitration (if you are seeking arbitration, you must provide the email address associated with your Chobolabs account); (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and a good-faith calculation of the amount in controversy (requests for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); (4) the party’s original signature; and (5) the party’s portion of the applicable filing fee. If the party seeking arbitration is represented by counsel, the demand for arbitration must also include counsel’s name, firm, telephone number, mailing address, email address, and original signature.
If you are initiating arbitration, you must make a hard-copy service of the demand to Chobolabs in accordance with the JAMS rules and procedures to the following address: 421 Castro Street, Mountain View, CA 94041, and a copy of the same shall also be emailed to email@example.com. If Chobolabs is initiating arbitration, it will serve a copy of the demand to the email address associated with your Chobolabs account, as well as in hard copy if Chobolabs knows your mailing address.
The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. If a party is represented by counsel, counsel’s signature on the demand for arbitration or any other paper submitted to JAMS or the arbitrator constitutes a certification that such paper complies with the standard set forth in Federal Rule of Civil Procedure 11(b). The parties agree that the arbitrator has the right to impose sanctions in accordance with (and to the extent not prohibited by) the JAMS rules and procedures for any claims or submissions the arbitrator determines to violate such standard, as well as for a party’s failure to comply with the Pre-Arbitration Dispute Resolution Procedure contemplated by this Arbitration Agreement.
19.5 Arbitration Procedures
Arbitration will be conducted by a single, neutral arbitrator in accordance with JAMS ADR (“JAMS”) rules and procedures (the “JAMS Rules”), as modified by this Arbitration Agreement. For information about the JAMS, its Rules, and fees, see the JAMS’ arbitration page, https://www.jamsadr.com/arbitration. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Placo and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by JAMS. If your claim is for $10,000 or less, Chobolabs agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules.
19.6 Batch Arbitration
To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to JAMS against Chobolabs within reasonably close proximity, the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Chobolabs and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitration” provision shall in no way be interpreted as authorizing class arbitration of any kind. Chobolabs does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section.
19.7 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) is governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement. You will be required to pay a filing fee to initiate your arbitration. To the extent the filing fee exceeds the cost of filing a lawsuit, the arbitrator may require (or we may otherwise agree) that we pay the portion of that fee that exceeds the cost of filing suit. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Chobolabs will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Any payment of attorneys’ fees will be governed by the JAMS Rules. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. Notwithstanding the foregoing, if the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $10,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorneys’ fees in certain cases.
The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 19.7 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
19.9 Right to opt-out of Arbitration
You may opt out of this Arbitration Agreement within 30 days of first becoming subject to this Arbitration Agreement. To opt out, you must notify Chobolabs in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your full name, mailing address, any email addresses, wallet addresses (if relevant), or screen names that may be associated with your use of the Service, a clear statement that you want to opt out of this Arbitration Agreement, and your original signature. The notice cannot be signed by your attorney, agent, or other representative, and you may only opt out on behalf of yourself individually. You must send your opt-out notice by U.S. Postal Service certified mail to Chobolabs, LLC, Attn: Legal, 421 Castro St, Mountain View, CA 94041.
If you opt out of this Arbitration Agreement, all other parts of this Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with Chobolabs or may enter into in the future with Chobolabs. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of this Arbitration Agreement by you and Chobolabs.
Chobolabs’ updates to these Terms do not provide you with a new opportunity to opt out of arbitration if you agreed to a previous version of the Terms and did not validly opt out of arbitration. Chobolabs will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection 19.2 above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms will continue to apply.
19.11 Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms to the contrary, Chobolabs agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Chobolabs written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
We reserve the right to suspend or terminate your account or your access to any part of the Service for any reason with or without notice, at our discretion, including, without limitation, if Chobolabs believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities.
Any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and Chobolabs may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Chobolabs will not be liable to you or any third party for any termination of your access to the Service.
21. EXPORT CONTROLS
Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. You agree to comply with all applicable import, export, re-export laws and restrictions. Downloading or using Service is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
22.1 Entire Agreement
These Terms cover the entire agreement between you and Chobolabs for your use of the Service. When using certain parts of the Service, other policies and terms may also apply and are incorporated to these Terms. You also may be subject to additional terms and conditions when you use affiliate or third party services, third party content or third party software.
22.2 No Waiver & Severability
The failure of Chobolabs to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Platform Terms is found unenforceable for any reason, this will not affect the validity and enforceability of any remaining provisions.
22.3 Governing Law & Venue
These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Chobolabs agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22.5 No assignment
You may not assign these Terms without the prior written consent of Chobolabs, but Chobolabs may assign or transfer these Terms, in whole or in part, without restriction.
A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Service.
23. CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
24. CONTACT US
If you have any questions or wish to report violations of these Terms, please contact us at firstname.lastname@example.org.