Terms of Use
Terms of Use
Welcome to Mendocino Railway, operator of the Skunk Train, the River Fox Train, and The Sunburst. These Terms of Use (“Terms”) explain the rules and other terms to which you are agreeing by using: (i) our websites or any of our other services, applications, and tools, or (ii) any websites, services, applications, and tools of third parties acting on our behalf. The foregoing are collectively referred to as our “Services”. If you have entered into another agreement with us concerning our Services, then the terms of that agreement control where they conflict with these Terms.
PLEASE READ THESE TERMS CAREFULLY AS THEY LIST YOUR OBLIGATIONS AND RIGHTS. BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SITE (EXCEPT FOR THE LIMITED PURPOSE OF REVIEWING THESE TERMS OR OTHER AGREEMENTS OR POLICIES ON THE SITE), YOU EXPRESSLY REPRESENT THAT YOU:
(i) ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT;
(ii) ARE ABOVE THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; AND
(iii) AGREE TO BE BOUND BY THESE TERMS.
IF YOU ACCESS OR USE THE SITE OR REGISTER FOR AN ACCOUNT ON BEHALF OF A COMPANY, ORGANIZATION, OR OTHER ENTITY (SUCH AS YOUR EMPLOYER), THEN YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND THAT COMPANY, ORGANIZATION, OR ENTITY TO THESE TERMS. IN THAT CASE, THE TERM “YOU” IN THESE TERMS INCLUDES BOTH THAT COMPANY, ORGANIZATION, OR ENTITY AND YOU INDIVIDUALLY, UNLESS CONTEXT REQUIRES OTHERWISE. IF YOU ARE NOT AUTHORIZED TO OR DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS ON LIABILITY AND DISPUTE RESOLUTION PROCEDURES. WE WOULD NOT BE ABLE TO MAKE THE SITE AVAILABLE TO YOU WITHOUT THESE CONDITIONS IN THE TERMS, AND THE FOREGOING PROVISIONS ARE THUS AN ESSENTIAL PART OF THE OFFER TO YOU. IF YOU DO NOT ACCEPT THE TERMS, OR LATER SEEK TO REPUDIATE THE TERMS, YOU AGREE THAT SUCH ACTIONS WOULD CONSTITUTE A BREACH OF THE TERMS, PROHIBITING YOU FROM ENFORCING ANY ASPECT OF THE TERMS AND ENTITLING US TO DAMAGES, INCLUDING OUR ATTORNEYS’ FEES INCURRED AS A RESULT OF YOUR BREACH.
NOTICE REGARDING ARBITRATION: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
1. Use of Services; Limited License
Subject to these Terms, you are granted a nonexclusive, nontransferable, and limited license to use our Services as from time to time made available to you. You do not acquire any proprietary interest in our Services. Only authorized users may use our Services. You agree not to change, translate, or otherwise create derivative works of our Services.
Unless otherwise stated, all title, copyrights, trademarks, service marks, trade names, trade dress, and other intellectual property rights to or in our Services are owned by us. Except as specifically agreed in writing, no element of our Services may be used or exploited in any way other than as part of our Services offered to you.
Our Services may incorporate third-party software and data which are the property of third-parties. By using our Services, you consent both to these Terms and to the terms of use and privacy policies of such third-parties.
We expect you and other users of our Services to behave responsibly and obey the law. You agree that the following expectations will apply to your use of our Services:
Don’t violate the law: don’t act, or fail to act, in any manner that that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone, including us.
Don’t unlawfully reproduce or scan tickets.
Don’t lie: don’t provide information you know or suspect to be false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
Don’t victimize anyone: don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, inappropriate, or invasive of another person’s rights.
Don’t spam: don’t distribute unsolicited or unauthorized advertising or promotional material; don’t run mail lists, listservs, or any kind of auto-responder or spam on or through our Services.
Don’t harm anyone’s computer: don’t distribute viruses or anything else designed to harm or interfere with the proper function of any software, hardware, or equipment on or accessible via our Services.
Don’t abuse any person’s information: don’t harvest or otherwise collect information about users of our Services without their prior consent; don’t use any person’s personal or confidential information for any purpose other than as needed to use our Services.
Don’t fail to keep your promises: don’t fail to pay for purchases.
Don’t interfere with our Services: don’t interfere with the proper workings of our Services; don’t bypass measures intended to secure our Services; don’t take apart or reverse engineer any aspect of our Services in an effort to access things such as source code, underlying ideas, or algorithms. This includes using our Services for any commercial or for-profit manner or purpose, including, but not limited to, for the purpose of, or with the intention of initiating, future litigation or arbitration, including using the Services in order to trigger or induce an alleged violation of any law.
We reserve the right to refuse, limit, suspend, or terminate the use of our Services by anyone, for any reason, at any time, and at our sole discretion.
2. Representations and Warranties
You represent and warrant that you are over the age of 18 and have the power and authority to enter into and perform your obligations under these Terms, that you shall comply with all Terms, and that any information you provide us is accurate and complete.
You acknowledge and agree that all purchases carried out, made, or executed via our Services are deemed to be carried out, made, and executed in Sacramento County, California.
3. Making Purchases
All prices are stated in U.S. Dollars. We accept several methods of payment to accommodate your needs. You may only use credit or debit cards, gift cards, or vouchers that belong to you or to people who expressly authorize you to use such payment methods. We may impose conditions on your use of any coupon, promotional code, or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred, including any applicable taxes.
If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via customer service whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
Tickets purchased via our Services are typically subject to a per-ticket service fee and a non-refundable per-order processing fee. Delivery prices may also be owed.
When purchasing tickets on our Site, you may be limited to a specified number of tickets for each event (also known as a “ticket limit”). This ticket limit is posted during the purchase process and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices. We reserve the right to cancel any or all orders and tickets without notice to you if you exceed the posted limits. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information.
Occasionally, trips or events are canceled or postponed. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures. If a trip or event is canceled, and you purchased your ticket through www.SkunkTrain.com or our phone center we will automatically issue you a refund to the credit card, debit card, or gift card you used to purchase that ticket. If a ticket was purchased through one of our retail locations, you may only be able to receive the refund by presenting the ticket yourself to the retail location where it was purchased.
Before purchasing tickets, carefully review your trip, event, and seat selections. We may occasionally offer tickets at a discount after the original on-sale date and will not refund the difference between the original price and the sale price.
You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase tickets via our Services. Should you do so, your tickets may be canceled, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using our Services.
If we issue you a refund for a ticket due to a canceled or postponed trip or event, we will issue a refund of the ticket’s face value paid (or, for a discounted ticket, then instead the discounted ticket price paid) and all service fees. In no event will delivery charges or any other amounts be refunded. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.
Orders are subject to credit card approval and processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, customer service will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order and may sell your tickets to another customer without further notice.
Different combinations of delivery methods may be offered. Please carefully review the list of delivery methods offered during the purchase process. For security purposes, we can only ship tickets to the billing address on file with the credit card company that is used for your purchase.
If the amount you pay for a ticket or event is incorrect regardless of whether because of an error in a price posted via our Services or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then we will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of our website or other system
When ordering tickets online with us, please ensure you are looking for tickets and placing an order using only one browser window. Looking up tickets using multiple browser windows could result in losing your tickets or timer expiration.
We reserve the right, without refund of any amount paid, to refuse trip or event admission to, or eject, any person whose conduct we deem unsafe or disorderly, who uses vulgar or abusive language, or who fails to comply with any applicable rules. Breach of terms or rules will terminate your license to attend a trip or event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.
Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or has been, in violation of our policies. Because we do not guarantee the authenticity of tickets purchased from any non-authorized third party reseller (such as brokers or individuals), we recommend that you purchase tickets directly through us or our authorized partners to ensure ticket authenticity. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us.
You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses to conduct transactions when using our Services. You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using our Services.
4. Rules for Sweepstakes, Contests, and Games
Sweepstakes, contests, games, or other promotions (collectively, “Promotions”) made available through our Services or through third-parties may have specific rules that differ from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms.
5. Privacy and Electronic Communications
When you use or access the Services, you authorize us to automatically collect information about you, your use of the website and website performance, and to use, transmit, process, and store that information in accordance with our Privacy Policy, which is hereby incorporated into these Terms by reference.
You understand and agree that by accepting these Terms, including the Privacy Policy, you are representing to us that you are agreeing to the specific provisions herein, and that you understand and accept how we collect, use, and disclose your personal information and/or other information concerning your use of the Services pursuant to our Privacy Policy. You further understand and agree that we are justifiably relying on your representation in order to provide you access to the website. If you do not agree to these Terms and the practices described in our Privacy Policy, DO NOT USE THE SITE, AND/OR PROVIDE US WITH ANY PERSONAL INFORMATION. If you later take legal action inconsistent with your representations, you understand and agree that such action will constitute evidence that your representations to us were false when they were made, and that your representations were made to defraud us. Use of the Site for the foregoing purposes is strictly prohibited, exceeds the parameters of the license set forth in the Terms, and, as such, constitutes a breach by you of these Terms. You further understand and agree that in such circumstances, we can elect to void this agreement, without prejudice to our ability to seek damages, expressly including our attorneys’ fees, from you resulting from your breach of these Terms and/or the fraudulent conduct described above.
You further agree and consent to receive electronically all communications, agreements, documents (including these Terms), notices, and disclosures (collectively, “Communications”) provided in connection with our Services. You may withdraw your consent to receive Communications electronically by writing to us at “Attn: Electronic Communications, Mendocino Railway, Foot of Laurel Street, Fort Bragg, California 95437 or by contacting us via any “Contact” or “Contact Us” link on our website.
If you do not consent to receive Communications electronically, or if you withdraw your consent, we reserve the right to deny you an account, restrict or deactivate your account, close your account, or charge you additional fees for paper Communications.
6. Intellectual Property Rights
Copyright 2024 Mendocino Railway. All rights reserved. Unless otherwise noted: (i) all right, title, and interest, including all patents, copyrights, trademarks, trade secrets, confidential information, and other intellectual property rights in our Services and any content thereon belong to us; and (ii) our graphics, logos, designs, page headers, button icons, scripts, and names may be registered trademarks, trademarks, or trade dress in the U.S. or other countries. Our trademarks and trade dress may not be used, including as part of trademarks or as part of domain names or email addresses, in connection with any product or service without our specific written permission and may not be used in any manner likely to cause confusion.
7. Third Party Content; External Links
We do not claim ownership rights in any content supplied by third-parties. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, database, and other intellectual property rights you have in the content you submit via our Services. You represent and warrant that you have the necessary authority to submit the content and the content does not violate the rights of any third-party.
Our Services may contain links to the websites or services of third-parties. We do not control or endorse those websites or services. When you access third-party websites or services, you do so at your own risk and subject to the terms of use and privacy policies of those websites.
We may also partner with other companies (such as PayPal) for payment processing. When you place a bid you are also agreeing to such companies’ terms of service.
We may host content generated by our users. If you access our Services, you may come across content you find offensive or upsetting. Your sole remedy is to stop viewing the content.
The Services may allow you to post comments. Comments are not anonymous and may be viewed by others. Your comments may in certain cases be deleted by you, other users, or us.
8. Disclaimer of Warranties; Limitation on Liability
You use our Services solely at your own risk. Our Services are provided to you “as is” and “as available” and without any representation or warranty of any kind, express or implied.
To the extent any implied warranty cannot be disclaimed, such warranty is limited in duration to the applicable express warranty period. Your sole and exclusive remedy for breach of any such warranty will be for us, at our sole option, to use commercially reasonable efforts to re-perform the affected Services or to terminate this agreement and these Terms and provide to you a pro rata refund of any fees paid to us by you for any non-conforming Services.
To the fullest extent permitted by law, in no event will we, our directors, employees, partners, suppliers, related entities, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages: (i) resulting from your access to, use of, or inability to access or use our Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third-party on or via our Services. In no event shall our total liability to you for all damages, losses, and causes of action exceed U.S. $100.
YOU FURTHER UNDERSTAND AND AGREE THAT THIS IS AN ESSENTIAL ASPECT OF OUR ABILITY TO PROVIDE THE SERVICES TO YOU AND OTHER MEMBERS OF THE PUBLIC, AND WE WOULD NOT HAVE OFFERED YOU ACCESS TO THE WEBSITE AND SERVICES EXCEPT WITH THIS LIMITATION OF LIABILITY. TO THE EXTENT THAT YOU PURSUE ANY CLAIM, OR OTHERWISE TAKE LEGAL ACTION, SEEKING RELIEF OR DAMAGES IN EXCESS OF THIS AMOUNT, YOU UNDERSTAND AND AGREE SUCH CONDUCT WILL CONSTITUTE A REPUDIATION OF THESE TERMS, AND YOU MAY NOT ENFORCE ANY PROVISION OF THESE TERMS AS A RESULT OF SUCH A BREACH.
9. Indemnification
If you do anything that gets us sued, or break or repudiate any of the promises you make in this agreement, you agree to indemnify and hold us, our directors, employees, partners, suppliers, related entities, and content providers, harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees of counsel selected in our sole discretion and other legal costs) that arise from or relate to your use or misuse of our Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you will cooperate and help us in asserting any defenses.
10. Disputes, Governing Law, Arbitration, and Class Action/Jury Trial Waiver
A. Governing Law and Informal Dispute Resolution. We encourage you to contact us if you have any issue with our website or other Services, before resorting to more formal dispute resolution. You and Mendocino Railway agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).
All Dispute Notices must: (i) be signed by the Complaining Party; (ii) include the Complaining Party’s name, physical address, and email address; (iii) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, including by providing any relevant documentation supporting the Dispute in the Complaining Party’s possession, custody or control, and (iv) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Mendocino Railway. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice. Dispute Notices shall be sent to:
- To Mendocino Railway: You must send notice (a) by electronic mail to Privacy@MendocinoRailway.com and (b) by first-class or certified mail to Mendocino Railway, Attn: Privacy, Foot of Laurel Street, Fort Bragg, California 95437.
- To You: We will send notice by (a) first class or certified mail to the physical address we have on file for you (if any) and (b) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.
You and Mendocino Railway will attempt to resolve the Dispute through informal negotiation within 60 days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Mendocino Railway (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Mendocino Railway will participate in the Conference through one or more representatives, which may include our counsel.
Both you and Mendocino Railway agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute.
If legal action does arise, you also agree that our website and Services are deemed passive websites and services that do not give rise to specific or general personal jurisdiction over us or our parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of California. You also agree that these Terms will be governed by the internal substantive laws of the State of California without respect to its conflict of laws principles and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You also agree that, notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to these Terms shall be exclusively governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16), and that you waive any rights you may otherwise have under any state law governing arbitration, expressly including the California Arbitration Act. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal courts in Sacramento, California and state courts located in either Mendocino or Sacramento County, California for any actions for which we retain the right to seek injunctive or other relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Sacramento County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable or is otherwise inapplicable to a particular Dispute.
B. Arbitration. Read this section carefully because it generally requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from us, provided either party does not elect to resolve any Dispute in an appropriate small claims court if the amount in controversy permits. In the unlikely event that we have not been able to resolve a dispute through the Informal Dispute Resolution provision immediately above, the parties each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. In addition, JAMS or an arbitrator should apply the JAMS Mass Arbitration Procedures and Guidelines, or any successor procedures adopted by JAMS, if applicable, that would have the effect of reducing the total cost associated with an arbitration or group of related arbitrations. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Sacramento County, California, unless you and we agree otherwise. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS’ rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees for the prevailing party, and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights, or other proprietary rights, or to seek a declaration that the parties do not have any obligation to arbitrate a Dispute. As in court, you and we agree that any counsel representing someone in arbitration certifies that they will comply with the requirements of Federal Rule of Civil Procedure 11, including a certification that the claim or the relief sought is neither legally or factually frivolous, nor brought for an improper purpose. If a party’s counsel brings a claim based on the same or similar conduct that the party’s counsel itself engages in – e.g., bringing a claim predicated on data analytics technologies that are similarly utilized by the party’s counsel on its website – there will be a rebuttable presumption that the claim is frivolous.
C. Class Action/Jury Trial Waiver. With respect to all persons and entities, all claims must be brought in the person’s or entity’s individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This waiver applies to class arbitration, and, unless the parties agree otherwise in writing, the arbitrator may not consolidate more than one person’s or entity’s claims. You agree that, by using the website or Services, you and we are each waving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
D. Additional Exceptions. Notwithstanding any other provision of this section, you or we may bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction). In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
11. Injunctive Relief
You agree that any breach of these Terms would cause us irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which we may be entitled, you agree that we may seek injunctive relief to prevent the actual, threatened or continued breach of this agreement.
12. Termination
We reserve the right to terminate this agreement and to suspend, limit, or terminate your use of our Services at any time and for any reason, including breach or suspected breach of any of these Terms. Upon termination by us, you must immediately cease using our Services. You may also terminate this agreement at any time by ceasing to use our Services.
13. General Provisions
If any portion of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, that portion shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be amended or reformed to the extent necessary to make such portion valid and enforceable; the remaining portions of these Terms shall remain in full force and effect.
These Terms are personal to you. You cannot assign them, transfer them, or sublicense them unless you get our prior written consent. We have the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent.
The failure of either you or us to exercise any right provided for in these Terms in any way will not be deemed a waiver of any other rights.
These Terms, and the terms set forth in our Privacy Notice, and in any applicable confidentiality agreement, constitute the entire agreement between you and us regarding your use of our Services and supersede any prior agreements between you and us relating our Services.
