Terms & Conditions of Use Agreement
Waiver of Liability, Assumption of Risk, and Indemnity
Last Updated: February 1, 2020
Welcome to FlexTogether! FlexTogether strives to provide premium online fitness content and foster a vibrant, supportive community.
The FlexTogether brand and websites (flextogether.com and flex2.co) are owned by SoZango, LLC. These Terms & Conditions of Use (this “Agreement”) apply to all products,
services and websites offered by SoZango, LLC, including any mobile, tablet, or internet television versions thereof, any SoZango, LLC software, and any applications created by SoZango, LLC whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Services”). Please note that the availability of any SoZango, LLC applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between SoZango, LLC and such social networking site, mobile or tablet device, or internet
television or other technology platform.
you are a “Subscriber” (which means that you have registered on the Services as a user). If you do not accept the terms of this Agreement, you should leave the Services and discontinue use of any of the Services immediately. We may modify this Agreement, in our sole discretion and from time to time, and any such modification shall be effective immediately upon its posting on the Services. You agree to be bound by any modification to this Agreement when you use the Services subsequent to the posting of any such modification; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Subscriber, communicate with other Subscribers and otherwise make use of any of the Services, you must read this Agreement and indicate your acceptance when prompted during the registration process. In consideration of your use of any of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Services (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it
true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SoZango, LLC reserves the right to suspend or terminate your accountand refuse any and all current or future use by you of the Services (or any portion thereof) at any time. Use of the Services and Subscription on the Services is void where prohibited.
3. Using the Services
The Services enable you, as a Subscriber, to view fitness videos, post exercise accomplishments, and participate in video chats with, and send messages to, other Subscribers. As a Subscriber, you will be able to join a video chat with another Subscriber with whom you are connected on the Services (each a “Connection”). You can add Connections by inviting them to connect on the Services.
SoZango, LLC may offer you the opportunity to invite your other contacts to join the Services and become a Subscriber and a Connection. If you choose to invite one or more of your contacts using text messaging (SMS), email, or another communications app we may suggest content for the message (which you may be able to edit in certain instances). If
you choose to send such invitations, you represent to SoZango that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.
5. Medical and Health Disclaimer
FlexTogether offers the ability, via the Services, for Subscribers to engage in yoga, qi gong,
tai chi, cardio, dance and other health related activities in order to promote exercise and good health (collectively “Fitness Activities”). However, SoZango, LLC is not a health care provider. SoZango, LLC does not offer health care services through the Services. The Services do not provide medical advice. None of the information on the Services is intended to be a substitute for professional medical advice. If you have any question at all about a medical condition, medicine, or prescription, contact your physician or health care provider. Do not rely on any of the information on the Services to determine a medical diagnosis or treatment. Please do not delay seeking medical advice for any condition. SoZango, LLC makes no claims, representations or guarantees that the Services will provide a therapeutic benefit.
In connection with your participation in any of the Fitness Activities, you understand,
acknowledge and agree as follows:
a) Participation in the Fitness Activities is completely voluntary and it is solely your decision whether to participate in any such Fitness Activities.
b) You should consult a physician before undertaking any of our Fitness Activities.
It is your responsibility to evaluate your own medical, physical and mental condition and to independently determine whether to engage in any of the Fitness Activities. It is also your responsibility to ensure that by participating in any of the Fitness Activities you do not exceed your own physical and/or mental limitations and that you select the appropriate
level of Fitness Activities for your skills and abilities, as well as for any mental or physical conditions and/or limitations that you may have.
c) From time to time our FlexTogether instructors may suggest physical adjustments or the use of equipment during the Fitness Activities and it is your sole responsibility to determine if any such suggested adjustments or equipment are appropriate for your level of ability and physical and mental condition.
d) Any exercise program, strenuous or not, may result in injury. By voluntarily undertaking any of the Fitness Activities offered as part of our Services via the Website, you assume the risk of any resulting injury and SoZango, LLC is not responsible or liable for any injuries or damages you may sustain that result from your undertaking any of the Fitness Activities (including, without limitation, the use of any equipment such as blocks, straps or any other equipment that may be suggested by a FlexTogether instructor). Further, if you are pregnant, you should only participate in the Fitness Activities after you have discussed the potential risks with your obstetrician. You agree to follow your obstetrician’s advice and instructions about whether and to what extent you can participate in the Fitness Activities. You hereby agree on behalf of yourself and any spouse/partner, heirs, and guardians) that you hold
harmless SoZango, LLC and its officers, directors, managers, representatives, agents and affiliates for any possible injury to myself and/or your child/fetus suffered in connection with your undertaking of any of the Fitness Activities.
e) If you believe any conditions are unsafe, you should immediately discontinue participation in the Fitness Activities.
f) As a material pre-condition to participating in any of the Fitness Activities, you, on behalf of yourself, your spouse/partner, heirs, legatees, guardians, and legal representatives hereby
release SoZango, its parent companies, subsidiaries, affiliates and assigns and each of their predecessor and successor organizations and each of their current and former principals,
instructors, partners, officers, directors, employees, insurers, agents and representatives and the owners/lessors of the premises wherein the Fitness Activities take place (“Releasees”) from any and all liability and claims for damages arising out of, relating to and/or by reason of your voluntary decision to participate in any of the Fitness Activities including (without
limitation) the use of any equipment such as blocks, straps or any other equipment that may be suggested by a FlexTogether instructor. You further agree and warrant that neither you nor your spouse/partner, heirs, legatees, guardians and legal representatives) will make a claim against, sue, or attach the property of SoZango,LLC or any Releasees for injury or damage resulting from the negligence, misconduct or other acts or omissions, howsoever caused, by any employee, agent, or contractor of SoZango, LLC as a result of your participation in any of the Fitness Activities. If you or anyone acting on your behalf, makes
a claim against any of the Releasees, you hereby agree to indemnify, save and hold harmless each of the Releasees from any loss, liability, damage or costs which any may incur as a result of such claim.
SoZango, LLC’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to SoZango, LLC you are representing that you are eighteen (18) years of age or older.
7. Subscriber Account and Security
If you register on the Services, you will be provided a unique url login, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your unique url and account information, and are fully responsible for all activities that occur under your unique url or account. You agree to (a) immediately notify SoZango, LLC of any unauthorized use of your unique url or account or any other breach of
security. You may never use another Subscriber’s account without prior authorization from SoZango, LLC. SoZango, LLC will not be liable for any loss or damage arising from your failure to comply with this Agreement.
a) Content Posted by SoZango, LLC:
For purposes of these Terms: “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.
Content is and will remain the exclusive property of SoZango, LLC and its licensors (including other Subscribers). The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. SoZango, LLC reserves all rights not expressly granted in these Terms.
Content on the Services is provided to you “AS IS” for your informational use only. Under no
circumstances will SoZango, LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You may access Services and Content as available:
i) for your information and personal use and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of SoZango, LLC;
ii) as intended through the normal functionality of the SoZango,LLC Service;
iii) and for Streaming, (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the SoZango Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored,
permanently downloaded, or redistributed by the user). Accessing any videos available for viewing via the Services for any purpose or in any manner other than for Streaming is expressly prohibited.
b) Content Posted by Subscriber:
For purposes of these Terms: “Subscriber Content” means any Content that you and any other Subscribers of the Services provide or import to be made available through the Services. Content includes, without limitation, Subscriber Content.
SoZango, LLC does not claim any ownership rights in any Subscriber Content. You retain your rights to any Subscriber Content you submit, post or display on or through the Services. By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through the Service, you hereby grant to SoZango, LLC a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through the Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. You should only Post User Content that you are comfortable sharing with others
under these Terms.
You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through the Services, or otherwise have the right to grant the license set forth in this section; and (b) the Posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party or will result in the
violation of any applicable law or regulation.
SoZango, LLC reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services without Liability.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. SoZango, LLC may, but are not required to, monitor or control the Content posted via the Services and cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
SoZango, LLC does not control the Content posted via video chat Service and, as such, SoZango, LLC does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem
offensive, indecent or objectionable.
c) Prohibited Subscriber Content
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other Content that:
i) is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii) harasses or advocates harassment of another person;
iii) exploits people in a sexual or violent manner;
iv) contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
v) provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
vi) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
vii) violates any intellectual property or other proprietary right of any third party, including
Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
viii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
ix) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
x) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal
weapons, violating someone’s privacy, or providing or creating computer viruses;
xi) solicits passwords or personal identifying information from other Subscribers;
xii) involves commercial activities and/or sales without SoZango’s prior written consent,
such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
xiii) includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of
xiv) denigrates, ridicules, or demeans another person; or
xv) contains a virus or other harmful component.
d) Rejection/Removal of Content
You acknowledge that SoZango, LLC may or may not pre-screen Subscriber Content posted on the Services, that SoZango, LLC is not responsible for behavior or comments of instructors and/or other Subscribers and/or music on the Services, but that SoZango,
LLC shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, SoZango, LLC shall have the right to remove from the Services any Content that violates this Agreement or is otherwise objectionable in the sole discretion of SoZango, LLC.
If you become aware of misuse of the Service by any person, please contact SoZango, LLC
at [email protected]
If you wish to remove any of your Subscriber Content from the Service, your ability to do
so may depend on the type of Content, the location and manner of Posting, and other factors. You may email [email protected] to request the removal of certain Content you have Posted, but SoZango, LLC has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a
back-up or residual copy of any Content Posted by you may remain on SoZango, LLC’s servers after the Content appears to have been removed from the Services.
9. Prohibited Usage
You may not do any of the following while accessing or using the Services:
a) You agree not to use or launch any automated system, including
without limitation, “robots,” “spiders,” or “offline readers,” that accesses
the Services in a manner that sends more request messages to SoZango, LLC
servers in a given period of time than a human can reasonably produce in the
same period by using a conventional on-line web browser.
b) access, tamper with, or use non-public areas of the Services, SoZango, LLC’s computer
systems, or the technical delivery systems of SoZango, LLC providers;
c) probe, scan, or test the vulnerability of any system or network or breach or
circumvent any security or authentication measures;
d) access or search or attempt to access or search the Services by any means (automated
or otherwise) other than through our currently available, published interfaces
that are provided by SoZango, LLC;
e) forge any TCP/IP packet header or any part of the header information in any email or
posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
f) interfere with, or disrupt, (or attempt to do so), the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
g) use, display, mirror or frame the Services or any individual element within the
Services, SoZango, LLC’s name, any SoZango, LLC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SoZango, LLC’s express written consent;
h) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any
technological measure implemented by SoZango, LLC or any of SoZango, LLC’s
providers or any other third party (including another Subscriber) to protect the Services or Content;
i) use any meta tags or other hidden text or metadata utilizing a SoZango, LLC trademark, logo URL or product name without SoZango, LLC’s express written consent;
j) use the Services or Content, or any portion thereof, for any commercial purpose or
for the benefit of any third party or in any manner not permitted by these Terms;
k) attempt to decipher, decompile, disassemble or reverse engineer any of the software
used to provide the Services or Content;
l) collect or store any personally identifiable information from the Services from other Users
of the Services without their express permission;
m) violate any applicable law or regulation; or
o) encourage or enable any other individual to do any of the foregoing
You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding SoZango, LLC, or the Services is entirely voluntary and SoZango, LLC will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to
11. Termination or Suspension of Account
You agree that SoZango, LLC may at any time and for any reason, including a period of account inactivity, terminate your access to SoZango, LLC Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or
without prior notice, and without liability.
You acknowledge, consent and agree that SoZango, LLC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief
13. SoZango and Third Parties
Any dealings with third parties included within or on the Services involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. SoZango, LLC is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by SoZango, LLC or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party
on the Website is provided to you for informational purposes only. SoZango, LLC encourages you to conduct your own research and due diligence regarding such third parties and their products and services.
14. Other Sites
The Services may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). SoZango, LLC is not responsible for examining or
15. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the
country in which you reside.
16. Infringement Policy
SoZango, LLC reserves the right in its sole discretion to immediately suspend and/or terminate access to the Services by any Subscriber who is alleged to have infringed on the
intellectual property rights of SoZango, LLC or of a third party, or otherwise violated any intellectual property laws or regulations. SoZango, LLC’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want SoZango, LLC to delete, edit, or disable the material in question, you must provide SoZango, LLC with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit SoZango, LLC to locate the material; (d) information reasonably sufficient to permit SoZango, LLC to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to SoZango, LLC by e-mail to [email protected] with a return receipt acknowledgement.
17. Subscriber Disputes
You are solely responsible for your interactions with other Subscribers. SoZango, LLC reserves the right, but has no obligation, to monitor or mediate disputes between you and other Subscribers.
18. Term and Termination for FlexTogether.com
This Agreement shall remain in full force and effect for so long as it is posted on the Services. You may terminate your FlexTogether Subscription at any time, for any reason, by emailing your desire to terminate, your name and email to [email protected]
SoZango, LLC reserves the right to terminate your account or your access to the Website
immediately, with or without notice to you, and without liability to you, if SoZango, LLC believes that you have breached any of the terms of this Agreement, furnished SoZango, LLC with false or misleading information, or interfered with use of the Website or the
Service by others.
When you close or de-activate your account or if your account is otherwise terminated, SoZango, LLC have the right, but not the obligation, to store your personal information,
settings, saved and completed classes, and instructors you have followed. Unless SoZango, LLC have exercised the right to terminate your account, you can re-activate your account at any time.
Subscribers to the Services may not share, give or sell their password or username to any other person or entity.
You agree to defend, indemnify and hold harmless SoZango, LLC, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Services.
21. Modification and Discontinuation
SoZango, LLC reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Services (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Services.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SoZango, LLC without restriction.
23. Integration Clause
24. Waiver and Severability of Terms
The failure of SoZango, LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
25. Statute of Limitations
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 the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
26. Dispute Resolution Governing Law
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflicts of law provisions.
27. Agreement to Arbitrate
You and SoZango, LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, Services, or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation
of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide SoZango, LLC with written notice of your desire to do so by email to [email protected] within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide SoZango, LLC with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide SoZango, LLC with an Arbitration Opt-out Notice, will be the state and federal courts located in the Central District of California and each of the
parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide SoZango, LLC with an Arbitration Opt-out Notice, you acknowledge and agree that you and SoZango, LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and SoZango, LLC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable,
then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this
“Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or
by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration,
then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and SoZango, LLC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be
conducted solely on the basis of the documents that you and SoZango, LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The
arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by
the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. SoZango, LLC will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed
$50,000, SoZango, LLC will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the ability of SoZango, LLC to change the terms of this Agreement as set forth herein, if SoZango, LLC changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to
[email protected] ) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of SoZango, LLC’s email to you
notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and SoZango, LLC in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
If you have any questions or comments regarding
this Agreement or the Services, feel free to contact us by e-mail [email protected].