Twenty Terms of Service
Last Revised: March 26, 2019
We’re excited that you’ve decided to use Twenty!
Twenty Holding, LLC, the parent company of Twenty (“we” or the “Company”) have prepared these Terms of Service (the “Terms” or “Agreement”) so you’ll know the rules that govern our relationship with you when you use Twenty or any of our other products or services (collectively, the “Services”). Please read these Terms carefully. By accessing or using any of the Services, you agree that (1) you have read, understood, and agree to be bound by these Terms and any other policies or guidelines incorporated into these Terms and (2) you have the legal authority and capacity to enter into the Terms personally (or on behalf of any company or entity you represent). Of course, if you do not agree with these Terms, please do not use or access any of the Services.
These Terms apply exclusively to your use and access to the Services and do not alter in any way the terms of any other agreement you may have entered into with the Company or its affiliates, for products, services or otherwise.
The Company may be required to change or modify certain of these Terms or any policy or guideline relating to the Services in the future, and we may do so at our discretion. In the event that we so effect such a change, we’ll notify you by posting a revision to these Terms or such policy or guidance on our website and on Twenty. Any such changes will be effective immediacy, and your continued use of the Services following the posting of such changes or modifications will signify your acceptance of such changes. If you do not agree to the changes, please do not continue to use or access the Services.
ARBITRATION NOTICE: PLEASE BE AWARE THAT SECTION 18 OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. DETAILS ON HOW YOU CAN OPT OUT OF ARBITRATION ARE CONTAINED BELOW.
1. Who May Use Twenty
Our Services are not available to individuals who are younger than 13 years old or who are otherwise prohibited from applicable law from using the Services. Our Services are not intended for—and we don’t direct them—to anyone under the age of 13, and we don’t knowingly collect any personal information from anyone under 13.
In addition, Twenty is not available to residents of certain jurisdictions outside the United States where use is prohibited. In particular, Twenty is not permitted to be used by residents of, or users located in, the European Union at this time.
If you are under the age of 18, you agree that you have reviewed these Terms with your parent or guardian prior to your use of Twenty, and acknowledge that your parent or guardian has consented to your use of Twenty and agrees to be responsible for your use of Twenty.
You agree not to create more than one account on Twenty, and not to create an account or use the Services if you have been previously removed from Twenty or banned from the Services for misbehavior. Twenty may, in its sole discretion, decide not to offer access to Twenty to any person or entity and change its eligibility criteria from time to time.
2. License to Use Twenty
The Services, and the information and content made available on the Services (collectively, the “Company Properties”) are the property of the Company and its licensors and users, and are protected by copyright laws throughout the world. Except for any content, such as videos, photos and messages, that is added, created, uploaded or submitted by you in connection with your use of Twenty (“User Submissions”), you agree that you have no right or title in or to any content that appears on or in the Company Properties.
Subject to the Terms, the Company grants you a limited, non-exclusive, non-transferable license to access and use the Company Properties, solely for your personal use in connection with your enjoyment of Twenty, which includes a license to download, install and use a copy of Twenty on your mobile device solely for your personal use. If you download Twenty from an application store like the App Store or Google Play Store, you must comply with the applicable policies of that store.
The license to use the Company Properties does not permit you to (a) resell, commercialize, distribute or publicly display any of the Company Properties; (b) attempt to reverse engineer or extract the source course of any of the Company Properties; (c) modify or otherwise make any derivative uses of the Company Properties; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download any portion of the Company Properties, unless we expressly permit you to do so; or (f) use any use of the Company Properties other than for their intended purpose. Engaging in any of these activities without our prior permission is strictly prohibited and may violate applicable laws. Unless provided otherwise in these Terms, the license does not confer any other intellectual property or ownership rights to you. This license may be revoked by the Company in its discretion.
Twenty is designed with safety in mind, which is why Twenty will only share your real time location with users you connect with, and Twenty allows you to stop broadcasting your location with other users at any time, so that you are always in control. In addition, Twenty allows you to toggle between sharing your precise location, your more general “neighborhood” location or no location with each user, so that you are able to only share your precise locations with users who you are comfortable with.
However, using Twenty may involve special risks associated with other users knowing your location. As a result, you should avoid broadcasting your location if doing so could subject you to any special risk or danger. You should also only connect with Twenty users who you know personally, and you should only share your precise location information with those contacts who you trust.
In addition, you should not endanger yourself or others by using Twenty while driving, operating dangerous mechanical devices, or in other situations in which you should be observing your surroundings.
You acknowledge and agree that the Company is not responsible for your actions or the actions of other users when using Twenty, including when users share their location, and that you are solely responsible for your own actions and submissions on Twenty. The Company reserves the right, but has no obligation, to intervene in any disputes
4. Emails, Text Messages and Other Communications
By using Twenty, you consent to receive emails and other communications (including push notifications) from the Company relating to marketing or promotional matters, or which request feedback from you. You may “opt out” of receiving any such communications from the Company by following the unsubscribe instructions within any communication we send (or, in the case of a push notification, by choosing to “update location permissions” within Twenty and electing to disable push notifications). Please note, however, that as long as you use Twenty, you may not “opt out” of receiving service related messages from the Company.
In addition, by voluntarily providing your cell phone number to Twenty, you agree that Twenty or its users may contact you by SMS message to that phone number to alert you of a new event, a new friend connection or other activities on Twenty, and you consent to receiving those messages. You may unsubscribe from receiving those messages at any time by replying “STOP” to the number sending those messages.
In addition, Twenty allows you to send, or to instruct Twenty to send, SMS text messages or email communications to your contacts (whether or not they currently have accounts on Twenty). When you send or instruct Twenty to send such messages, you understand that each person you have instructed us to message consents to receiving those messages or communications. Standard carrier rates and fees, including data charges, will apply to SMS text messages that you send or receive. Please check with your carrier to learn more about those charges.
6. Registration; Accessing your Contacts
In order to access most features of Twenty you are required to become a registered user.
When you register for Twenty, you will be prompted to provide the phone number of your mobile device, and select a photo, icon, or picture for your profile. Twenty will then send you a verification code that you will be required to input into Twenty in order to register your mobile device. Finally, Twenty will request consent to access your contacts from your mobile device. By providing us with consent to access your contacts, you will be authorizing us to periodically upload and sync certain information stored in your mobile device, including the name and telephone number of your mobile device contacts. You expressly acknowledge and agree that we may use such information for the purpose of identifying those of your mobile device contacts who are Twenty users and connecting you with those users on Twenty (for example, by alerting those users that you may wish to connect with them). Twenty does not centrally collect the home addresses or profile pictures of your mobile device contacts, only their names, email addresses, telephone numbers and certain metadata indicating the types of those telephone numbers (i.e., “work” or “home” numbers). When you provide Twenty with the phone number of your mobile device, you also expressly acknowledge that such information may be used for purposes of connecting you with other Twenty users who have stored such information on their own mobile device (for example, by alerting users who have stored your phone number on their own mobile device that you have recently joined Twenty).
Please take precautions to protect your password on your mobile device, as well as the verification code that we provide to you when you register for Twenty, and contact us immediately if you believe your device has been accessed by an unauthorized person. Twenty will not be liable for any losses caused by unauthorized use of your device.
7. Termination & Account Deletion
These Terms begin on the date you first use Twenty and continue until terminated. You have the right to terminate these Terms at any time and for any reason by notifying us at firstname.lastname@example.org that you would like to delete your account at Twenty. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnification provisions, limitations of liability and any provisions relating to arbitration, forum selection or governing law.
The Company may suspend, disable, or delete your account if the Company determines that you have violated any provision of these Terms or that your conduct or content would tend to damage the Company’s reputation or goodwill. The Company also reserves the right to remove or reclaim any usernames at any time for any reason, including a claim by a third party that a username violates the third party’s rights. If the Company terminates your account because of your misbehavior, you may not re-register under a different name. The Company is also permitted to suspend or delete your account for any other reason (such as prolonged inactivity).
Upon termination or suspension of your account all licenses granted by the Company will terminate and content or User Submissions that you submitted to the Services may no longer be available. The Company shall not be responsible for the loss of such content.
8. Disclaimers and Acknowledgements Regarding the Services
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT AS TO THE COMPANY PROPERTIES. NONE OF THE COMPANY OR ANY OF ITS AFFILIATES, INDEPENDENT CONTACTORS, SERVICES PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE MEMBERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”), REPRESENTS OR WARRANTS THAT (1) THE COMPANY PROPERTIES, OR ANY OTHER CONTENT OR MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR (2) THE SERVICES WILL BE PROVIDED ON AN UNINTERRUPTED AND TIMELY BASIS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO CERTAIN PORITONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WE TAKE NO RESPONSIBILITY AND ASSUME 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 THE COMPANY PARTIES WILL BE RESPONSIBLE FOR.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SERVICES OR THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM THE SERVICES, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE. TO THE EXTENT A COURT OF COMPETENT JURISDICTION DETERMINES THAT ANY SUCH PERSON HAS INCURRED ANY LIABILITY TO YOU ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES OR THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, SUCH LIABILITY SHALL NOT EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID TO THE COMPANY FOR ACCESS TO OR USE OF THE SERVICES, IF ANY, DURING THE LAST 12 MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
10. Code of Conduct
We try hard to make sure that Twenty is safe and welcoming for all users. To that end, we require you to behave in a civil and respectful manner at all times when using Twenty. Without limitation of the foregoing, you agree that you will not:
- Harass, stalk or bully any other user;
- Use Twenty in any way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying Twenty;
- Harm or exploit minors;
- User Twenty in any matter that violates any applicable law;
- Use or attempt to use another user’s account, username, or password without their express permission;
- Act in a deceptive manner by, among other things, impersonating any other person;
- Collect personal information about others, including by soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;
- Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Express or imply that any statements you make are endorsed by the Company without our prior written consent;
- Distribute spam, or use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of Twenty or its contents;
- Develop or use any third-party applications that interact with the Services or other users’ content or information without our written permission;
- Interfere with or disrupt Twenty or the servers or networks connected to Twenty; or
- Post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
If you witness other users engaging in any such behavior or otherwise taking any action that violates these Terms, please inform us immediately by emailing email@example.com.
11. Content Which You Post
You are solely responsible for any content or other User Submission that you publish, display, upload or transmit (hereinafter, “post”) on Twenty, or transmit to other Twenty users, and the Company has no responsibility for such content. You agree not to post on Twenty or other Company Properties any defamatory, libelous, inaccurate, abusive, obscene, profane, offensive, sexually explicit, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights or rights of privacy and publicity) or is otherwise posted in violation of applicable law. You are also not permitted to post a photograph of another person without that person’s permission as part of your profile picture or anywhere on the Company Properties. You further agree not to provide inaccurate, misleading or false information to the Company or to any other user.
The Company has the right, but not the obligation, to monitor all conduct on, and content posted to, Twenty, and to delete any User Submission at any time and for any reason, including if we think any content or User Submission violates the Terms or any applicable law. Although the Company reserves the right to review or remove all content posted to Twenty, it does not necessarily review all such content and does not take responsibility for any content that users post.
The Company has no responsibility or liability for the deletion or accuracy of any User Submissions or the failure to store, transmit or receive transmission of User Submissions. The Company retains the right to create reasonable limits on the Company’s use and storage of content, including User Submissions, such as limits on file size, storage space and processing capacity.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company and the Company Parties from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or related to any User Submissions, your use of the Services or your violation of these Terms or the rights of any third party.
“Twenty”, the Company logo and any other product or service name or slogan included in the Services are trademarks or registered trademarks of the Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written consent of the Company or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Twenty” or any other name, trademark or registered trademark or product or service name of the Company without our prior written consent. In addition, the look and feel and graphical user interface of the Services, including, but not limited to, all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written consent. All other trademarks, registered trademarks, product names and company names or logos referenced in the Services are the property of their respective owners.
14. Policy on Third Party Copyrights and Other Rights
The Company respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Twenty do not infringe any third party copyright or other intellectual property rights.
The Company will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright or other intellectual property right. In addition, the Company may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
If you believe that any material posted to the Services infringes upon any copyright which you own or control, you may submit a notification of such infringement to:
VP, Finance and Operations
381 Park Avenue South, 17th Floor
New York, NY 10016.
The notice should contain the following information:
- Your name, address, telephone number, and email address (if any);
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on Twenty, sufficient for the Company to locate the material;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement by you that the information in your notice is accurate and, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Please make sure that all of the information you provide is accurate. Under Section 512(f) of the Copyright Act, 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
If you have questions about the legal requirements of DMCA, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3) for more information.
15. Third Party Services
The Services may contain or provide information regarding or link to certain applications and services provided or offered by third parties (collectively the “Third-Party Services”). The Company is merely an information provider and is not a referral service, and it does not recommend or endorse any Third-Party Services or monitor or have any control over such Third-Party Services. The Company makes no guarantee, representation or warranty as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any Third-Party Services, and the Company assumes no responsibility or liability for any Third Party Services.
You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to the Company (collectively, “Feedback”), are non-confidential. You represent that you have all rights necessary to submit the Feedback, and you agree to grant to the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback in connection with the operation and maintenance of the Company Properties.
17. Violations of Terms
If the Company becomes aware of any possible violations by you of the Terms, the Company reserves the right to investigate such violations. If, as a result of the investigation, the Company believes that criminal activity has occurred, the Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. The Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Company Properties, including any User Submissions, in the Company’s possession in connection with your use of the Company Properties, to (1) comply with applicable laws, legal process or governmental requests; (2) enforce the Terms, (3) respond to any claims that User Submissions violate the rights of third parties, (4) respond to requests for customer service, or (5) protect the rights, property or personal safety of the Company, its users or the public, and all enforcement or other government officials, as the Company in its sole discretion believes to be necessary or appropriate.
In the event that the Company determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Services, the Company reserves the right to:
- Warn you via e-mail (to any e-mail address you have provided to the Company) or other form of communication that you have violated the Terms;
- Delete any User Submission provided by you or your agent(s) to the Company Properties;
- Discontinue your registration(s) with Twenty;
- Notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
- Pursue any other action which the Company deems to be appropriate.
18. Arbitration Agreement and Class Action & Jury Waiver
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with the Company, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, and (2) you or the Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Corporation Service Company, with an address of 251 Little Falls, Wilmington DE 19808. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, the Company will pay them for you. In addition, the Company will reimburse all of JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the state, in the United States, where you live, or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall 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 us.
- Waiver of Jury Trial. YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified otherwise in the subsection titled “Applicability of Arbitration Agreement” above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the state or federal courts located in the State of New York. All other claims shall be arbitrated.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Twenty Holdings, LLC, 381 Park Avenue South, 17th Floor, New York, NY 10016, or by sending an email to firstname.lastname@example.org, in each case within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username for the Services (if any), the phone number that you used to set up your account with the Services (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if the Company makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by notifying the Company at the address listed in the subsection titled “30-Day Right to Opt Out” above.
19. Final Terms
- Governing Law: These Terms shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods will not apply.
- Exclusive Jurisdiction: To the extent that these Terms allow you or us to initiate litigation in a court, both you and us 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 state or federal courts located in New York, New York. Both you and us consent to the personal jurisdiction of such courts.
- Interpretation; Severability; Waiver; Remedies: Headings are for convenience only and shall not be used to construe the terms of these Terms. If any provision of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that provision will be severed from these Terms. No failure or delay by the Company in exercising any right hereunder will waive any further exercise of that right. The Company’s rights and remedies hereunder are cumulative and not exclusive.
- Successors; Assignment; No Third Party Beneficiaries: These Terms are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign these Terms without the Company’s prior written consent. No third party shall have any rights hereunder.
- Notices: You consent to receive all communications including notices, agreements, disclosures, or other information from the Company electronically. The Company may provide all such communications by email or by posting them on Twenty. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at email@example.com or the following address:
Twenty Holdings, LLC
381 Park Avenue South, 17th Floor
New York, NY 10016
- Modification; Entire Agreement: These Terms may only be modified by posting of a revised version of the Terms to the Company’s website and Twenty. Revised Terms will be effective as of the date posted. These Terms constitute the entire understanding between the Company and you concerning the subject matter hereof and supersede all prior agreements and understandings regarding the same.