Effective: October 1, 2019
Within this document, PubGeo and any apps provided by PubGeo Inc. are collectively referred to as “the Services” or “the Service.” This agreement is referred to as “the Terms.” By using the Services or creating a PubGeo account, you agree to abide by the Terms and the PubGeo Community Guidelines at all times. If you don’t agree with the Terms, don’t use the Services.
On PubGeo, users publish Content (as defined
below) related to things, places and events with the express
intention of helping others find and do the same things. In
the PubGeo app we call item of Content a “Post” or a “Comment.” Within
this agreement, the terms “Post” and “Comment” are used
interchangeably to refer to user generated Content.
between you and PubGeo, Inc., and only between you and PubGeo,
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE . EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND PUBGEO INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND PUBGEO INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. OPT OUT INFORMATION AND A FEW EXCEPTIONS TO THIS MANDATORY ARBITRATION AGREEMENT ARE SET-FORTH BELOW.
While your use of the Service requires that you read and abide by all of the Terms, we want to call your attention to some specific items right from the start:
You must be 13 years or older to use the Service.
You may use the Service only in accordance with these Terms and the PubGeo Community Guidelines.
You may not Post nude, partially nude, pornographic or sexually suggestive materials.
You may not Post photos or discussion of illegal substances including but not limited to drugs.
You are responsible for all activity that occurs via the use of your account, including but not limited to conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that is Posted using your account.
You are responsible for keeping your password secure.
You absolutely may not abuse, bully, harass, threaten, use hate speech, impersonate or intimidate other PubGeo users or persons, including but not limited to the coordination of such behavior.
You may not use the Service for any illegal or unauthorized purpose. All users agree to comply with all local laws regarding online conduct and acceptable Content.
You may not modify, adapt or hack PubGeo or create or modify another website so as to falsely imply that it is associated with PubGeo.
Except as explicitly authorized by PubGeo, you may not access nor attempt to access PubGeo’s APIs by any means other than the PubGeo application itself.
You may not crawl, screen-grab, scrape, or otherwise cache any Content from PubGeo including but not limited to Posts, Comments, user profiles, nor videos and photos, and you may not take any action or engage in any conduct that results in other PubGeo users’ Content being placed, submitted, published or otherwise present on any other application, website, publication, blog and/or any other medium.
You may not create or submit unwanted communications or Comments to any PubGeo member ("Spam").
You may not transmit or attempt to transmit any worms or viruses or any code of a destructive nature.
You may not, via the use of PubGeo, violate any laws in your jurisdiction (including but not limited to copyright and trademark laws).
At all times only use the Service safely. For example, never Post and drive, and never endanger yourself or others.
Violation of any of these Terms may result in deletion of Posts and/or Comments, the suspension or the termination of your account, or reporting to law enforcement or other authorities where applicable, all in our sole discretion. Any Content lost due to such deletion or termination will be forever inaccessible to you and you specifically agree to waive any and all right in that Content and further to hold PubGeo harmless against any and all claims of lost value resulting from such deletion.
While PubGeo prohibits specific conduct and Content, you understand and agree that PubGeo cannot be responsible for the Content Posted by users and that you therefore may be exposed to Content that violates these Terms and that you use the Service at your own risk.
We want all users to be aware that, while you can request the deletion of your account and Posts at any time, Posts and archived copies of Posts may be made available to law enforcement or other authorities in furtherance of bona fide investigations.
1. Who Can Use the Services
You must be thirteen years or older to create a PubGeo account and to use the Services. No person under thirteen is allowed to create an account or use the Services, even with parental consent. To verify compliance with this rule all users are required to provide their date of birth when creating a PubGeo account.
By using the Services, you state that:
You are legally able to form a binding contract with PubGeo, Inc.
The information you provide when you join the Service is accurate (that is to say, it’s truthful, complete and applies to you).
You are not a convicted sex offender, or person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction.
You will comply with these Terms, the Community Guidelines, and all applicable local, state, national, and international laws, rules, and regulations, and we have not previously suspended or terminated your account for a violation of these Terms, the Community Guidelines, or any applicable laws.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
2. What We Grant You
PubGeo, Inc. grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow.
Any software that we provide to you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you modify, reverse engineer, decompile, or attempt to extract the source code or Content of that software, unless the laws of your jurisdiction prohibit these restrictions or you have our written permission to do so.
3. What You Grant Us
Our Services let you create, upload, post, send, receive, and store Content. Collectively, we call that activity “Posting.” When you Post, you retain whatever ownership rights in the Content of the Post that you had to begin with, but in Posting, you grant us a license to use that Content so that we can operate the Service. Because you maintain ownership rights, you may, at any time, remove any Post contributed by you.
Not Personal Information
You explicitly agree that the Content of Posts created by you and published via PubGeo is not “personal information” but rather is a contribution to a community made specifically so that others can enjoy the benefit of that contribution.
Limiting Access Using Pubs
On PubGeo, users create Posts with “Pubs” (short
for “Publications”), which group Content and control whether
other users are required to obtain your permission to access
your Posts. There are three kinds of Pubs: Public, Private and
Secret. Private and Secret Pubs are “Non-Public” Pubs.
In Private Pubs, users must request access to your Pub and you must grant it before they can access each such Pub. In Secret Pubs, you must invite users, and they must accept that invitation, before they can see Posts in your secret Pub.
Careful Whom You Trust
Be aware that Posts in Non-Public Pubs are by no means guaranteed to provide privacy, security or confidentiality of the information Posted therein. Please keep in mind that, when you grant access to a Non-Public Pub, you put your trust in the people to whom you grant access. PubGeo has no control whatsoever over the actions of people granted access to your Pubs and you explicitly release PubGeo from any and all damages related to the disclosure of the Content of those Pubs.
In a Public Pubs, anyone, anywhere can see the Posts contained in that Pub.
Rights You Grant PubGeo
Any time that you Post in a Non-Public (Private) Pub, that Post is considered “Non-Public Content.” When you Post in a Public Pub, each such Post is considered “Public Content.” You grant us different rights to use those Posts, depending on whether they are in Public or Non-Public Pubs.
For all Non-Public Content you submit to the Services, so that we may operate the Service, you grant PubGeo, Inc. and our affiliates a worldwide, royalty-free, sublicensable, worldwide and transferable license to host, store, use, display, reproduce, modify, run, copy, translate, adapt, edit, publish, and distribute that Content within the PubGeo app. This license is for the limited purpose of operating, developing, providing, and improving the Services and researching and developing new services.
You agree that the term “Non-Public Content” refers to the general visibility of such Content within the PubGeo app but that you are by no means assured that such Content will remain Non-Public due to, but not limited to, the actions of other PubGeo users, technical faults, hacking and all other causes without limitation. You should never assume that any Content you submit will stay within the scope of your Non-Public Pub and PubGeo explicitly disclaims any and all responsibility for such. In addition, if you change the designation of Non-Public Content to Public Content, such Content shall forever be deemed Public Content even if you later re-designate such Content as Non-Public.
Because Public Content is available to everyone, to operate the Service we require a broader license grant from you. In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display Public Content within the PubGeo app and in other media.
To the extent it’s necessary, when you appear in, create, upload, Post, or send Public Content, you also grant PubGeo Inc., on our own behalf and that of our affiliates, advertisers and business partners, the non-exclusive, unrestricted, worldwide, perpetual, royalty-free right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed.) This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for PubGeo to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by PubGeo, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
The foregoing notwithstanding, when you delete Public Content from your PubGeo account, to the extent it was ever used by us, PubGeo will make reasonable efforts to cease any and all use of such content at that time, provided however that PubGeo archived copies and shared Content with other users may continue to be available, as well as Content used in other media, if any.
In addition, any and all Public Content, even if later designated as Non-Public Content, shall forever be subject to the above license grant covering Public Content, even if such Content is no longer displayed within the Service.
Even if you delete your account, PubGeo may keep, though we will not publicly display through the service, your personal data as reasonably required by PubGeo and or as required by statute or at the request of governmental agencies. We do this in order to ensure we can comply with judicial orders, law enforcement requests and other lawful requests by government agencies. The content you’ve submitted on the app may be kept for longer, although we won’t show that content or other information within the app after your account is deleted.
While we’re not required to do so, we may access, review, screen, and delete your Content at any time and for any reason, including to provide and develop the Services or if we think, in our sole discretion, that your Content violates these Terms or the Community Guidelines. You alone, though, remain responsible for the Content you create, upload, Post, send, or store through the Service.
The Services may contain advertisements. In consideration for PubGeo, Inc. letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services display Content that you and other users provide us, advertising may sometimes appear near your Content.
We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you and are under no duty to keep such communications confidential.
4. The Content of Others
Much of the Content on our Services will be produced by users, publishers, and other third parties. Whether that Content is Posted in a Public or Non-Public Pub, all Content is the sole responsibility of the person or organization that submits it. Although PubGeo, Inc. reserves the right to review or remove all Content that appears via the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any Content that others provide through the Services.
Through these Terms and our Community Guidelines, we make clear that we do not intend for the Services to facilitate distribution of illegal, objectionable, infringing or prohibited Content. However, because we do not and cannot review all Content, we cannot guarantee that Content on the Services will always conform to our Terms or Community Guidelines. By using the Services you expressly agree and understand that you may be exposed to Content you find objectionable and you hold PubGeo harmless in each such event.
Within the app we provide the means to report to us any Content you believe is objectionable and we encourage every user to report all such Content so that we may take appropriate action. However, any decision on our part to take or not to take action in response to such reports is in our sole discretion, and your agreement to hold us harmless is not limited by your agreement with such decisions and actions or non actions.
6. Respecting Other People’s Rights
PubGeo Inc. respects the rights of others and when using the Service you must also, consistent with the Terms and Community Guidelines. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
Violates the laws of the United States of America nor the applicable laws where you use the Service or is otherwise misleading or fraudulent.
Violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights.
Uses hate speech of any kind.
Bullies, harasses, or intimidates other users.
“Spams” or solicits other users.
Promotes prostitution or sexual abuse of or by our users or anyone else.
You must also respect PubGeo, Inc.’s rights. These Terms do not grant you any right to do any of the following (or enable anyone else to do so):
Use branding, logos, designs, photographs, videos, or any other materials that belong to PubGeo.
Copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the Content on the Services except as set forth in these Terms.
Use the Services, any tools provided by the Services, or any Content on the Services for any commercial purposes without our consent including but not limited to any unauthorized attempt to access or collect information or to buy, sell or transfer an account.
In short: You may not use the Services or the Content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
7. Respecting Copyright
PubGeo, Inc. honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if PubGeo Inc. becomes aware that one of its users has repeatedly infringed copyrights, we may take steps to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please report that Content by using the report feature within the App. For information on how to do this, see our Help Section. Or you may file a notice with our designated agent:
Attn: Copyright Agent
120 Post Rd West
Westport CT, 06880
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Identify the copyrighted work claimed to have been infringed.
identify the material that is claimed to be infringing 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 let us locate the material.
provide your contact information, including your address, telephone number, and an email address.
provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
provide 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 copyright owner.
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
You may not use the Services for any purpose that is illegal or prohibited in these Terms or the Community Guidelines.
You may not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
You may not use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent.
You may not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
You may not use or attempt to use another user’s account, username, or password without their permission.
You may not solicit login credentials from another user.
You may not post Content that contains or links to nudity, pornography, graphic violence, threats, hate speech, or incitements to violence, even if newsworthy, we reserve the right to remove or disable Posts that contain graphic violence to keep the Services appropriate for everyone.
You may not upload viruses or other malicious code or otherwise compromise the security of the Services.
You may not attempt to circumvent any Content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
You may not probe, scan, or test the vulnerability of our Services or any system or network.
You may not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you or endanger you or others. For example, never Post and drive. And never put yourself or others in harm’s way just to create a Post on PubGeo.
9. Your Account
You are responsible for any activity that occurs in your PubGeo account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
You may not create another account or associated account if we have already disabled your account, unless you have our written permission to do so.
You may not buy, sell, rent, or lease access to your PubGeo account, a PubGeo username, or a friend link without our written permission.
You may not share your account or password.
You may not log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please immediately reach out to PubGeo Support. You will be considered responsible for the Content that your account Posts until you do so.
10. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your mobile phone or internet service provider before using the Services.
If you change or deactivate the mobile phone number that you used to create a PubGeo account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.
11. Modifying the Services and Termination
We are improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
We hope you’ll always find PubGeo useful, but you can, at any time and for any reason, delete your account and by doing so delete all Pubs created by your account, however, PubGeo archived copies and shared Content with other users may continue to be available. Even if you delete your account, we’ll keep your personal data for up to 30 days. We do this in order to ensure we can comply with law enforcement requests and other lawful requests by government agencies. The content you’ve submitted on the app may be kept for longer, although we won’t show that content or other information within the app after your account is deleted. To request deletion of your account send an email to email@example.com, from the email address in your profile. Follow the instructions in the automatic email reply to initiate deletion.
PubGeo Inc. may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Regardless of who terminates these Terms, both you and PubGeo Inc. continue to be bound by Sections 3, 6, 9, and 11-20 of the Terms.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless PubGeo, Inc., our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including without limitation attorneys’ fees and costs) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your Content; and (c) your breach of these Terms or the Community Guidelines. You agree to cooperate in the defense of any claim if requested by PubGeo, however, PubGeo reserves the right to exclusively control the defense of any claim subject to the indemnification provided by you hereunder, and you will not agree to settle any claim without PubGeo’s explicit written consent.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE PUBGEO, INC. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
PUBGEO, INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH PUBGEO, INC. WILL BE RESPONSIBLE FOR.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUBGEO, INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF PUBGEO, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PUBGEO, INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID PUBGEO, INC., IF ANY, IN THE LAST 12 MONTHS.
15. Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND PUBGEO, INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Applicability of Arbitration Agreement. You and PubGeo. Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, to the extent permitted by applicable law, except that you and PubGeo, Inc. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents or relief in connection with the engagement or use of the Services in unauthorized ways. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, including allocation of arbitral fees, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Fees. If you choose to arbitrate with PubGeo Inc., you may not have to pay any fees to do so = if the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility based on the claim filed. To the extent another arbitral forum is selected, PubGeo Inc. will pay that forum’s fees as well if applicable in accordance with that forum’s rules.
Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and PubGeo, Inc. including with respect to any fee allocation not specifically provided for under the Consumer Arbitration Rules. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and PubGeo, Inc.
Waiver of Jury Trial. YOU AND PUBGEO, INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and PubGeo, Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and PubGeo Inc. over whether to vacate or enforce an arbitration award, YOU AND PUBGEO, INC. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 18.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor PubGeo, Inc. can force the other to arbitrate. To opt out, you must notify PubGeo, Inc. in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your PubGeo username and the email address you used to set up your PubGeo account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: PubGeo, Inc., ATTN: Arbitration Opt-out, 120 Post Rd West, Westport, CT, 06880, or email the opt-out notice to arbitration-opt-out@PubGeo.com.
Small Claims Court. Notwithstanding the foregoing, either you or PubGeo, Inc. may bring an individual action in small claims court provided the rules of such forum allow .
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with PubGeo, Inc.
16. Exclusive Venue
To the extent that these Terms allow you or PubGeo, Inc. to initiate litigation in a court, both you and PubGeo Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the District of Connecticut. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Connecticut Superior Court, district of Fairfield. You and PubGeo, Inc. consent to the personal jurisdiction of both courts.
17. Choice of Law
Except to the extent they are preempted by U.S. federal law, the laws of New York, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
19. Additional Terms for Specific Services
From time to time, , we will need to modify or
craft additional terms and conditions for specific Services.
Those modified or additional terms and conditions, which will
be available with the relevant Services, then become part of
your agreement with us if you use those Services. If any part
of those additional terms and conditions conflicts with these
Terms, the additional terms and conditions will prevail.
20. Final Terms
These Terms do not create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
We reserve all rights not expressly granted to you.
You may not transfer any of your rights or obligations under these Terms without our consent.
PubGeo Inc. welcomes comments, questions, concerns, or suggestions, however, if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you and are under no duty to keep such communications confidential. Please send us feedback by emailing firstname.lastname@example.org, or by using the support features of the app. For information on how to do so, please see PubGeo Support.
PubGeo Inc. is located in the United States at 120 Post Rd West, Suite 302, Westport, CT, 06880.