PRIVACY POLICY
Eyekon E.R.D. Ltd. ("Eyekon “we”, “our” us”) respects our users (“you”, “your”) concerns about privacy.
This policy explains how we collect, use, share and protect any personally identifiable information you may provide to us via your use of the Chris Paul's Game Vision application (the “Application"). If at any time you have questions regarding this Privacy Policy, you may always contact a representative of Eyekon by using our contact info, indicated below.
This Privacy Policy is incorporated into the End User License Agreement between Eyekon and you (the "Eula"), and is subject to the terms of this Privacy Policy and the terms and conditions of the Eula.
I. COLLECTION OF PERSONAL INFORMATION
Access. To obtain access to the password protected portion of the Application and to use certain features provided by Eyekon (“Services”), you are required to register as a user and create a user profile, by creating a password and providing personal identifiable information within the following categories: your email address; certain medical details which may have impact on your vision such as year of birth, use of glasses, and whether you suffer from a medical condition that may impact your vision, without specifying the condition itself. We also allow registration via Facebook, which may require among other things: full name, email address, year of birth and profile picture.
Communications with Eyekon. Whenever you communicate with us, whether via the registration process, or for any other reason via email or via features of the Application, the information we collect from you (e.g. your name, address, email address) is added to our electronic mailing list, except as otherwise noted in this Privacy Policy.
II. METHODS OF DATA COLLECTION
Cookies and Web Beacons. Like many websites and applications, we utilize “cookies” and “web beacons” to, provide a more user-friendly, effective and secure service.
Cookies are small strings of data that are placed on the user's computer and stored by the browser. . Cookies also enable us identify a user's browser and offer services to such user. Cookies do not contain any personally identifiable information.
Web beacons are very small images or small pieces of data embedded in images, also known as "pixel tags," "GIFs," or "clear GIFs," that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from a computer or device.
Cookies, web beacons and other technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. Cookies and web beacons do not personally identify Eyekon users.
The above technologies also may enable us (or third-party advertising services we work with) to track the actions of users online over time and across different web sites or platforms to measure statistics of our marketing efforts, and to deliver electronic advertisements that may be more relevant to individual consumers and that will improve the consumer experience. For information about how tracking works for online advertising purposes, and what happens when you elect a do-not-track option, visit http://www.aboutads.info/choices.
Facebook Plugins. The Application integrates plugins of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. Users can recognize Facebook-plugins by the Facebook-Logo or the addition "Facebook Social Plugin" or the "Like-Button" ("Like") on our pages. When users visit the Application pages, the plugin establishes a connection between a user's browser/smartphone and the Facebook-server. Thereby Facebook gains information on the fact that a user with a certain IP-address has visited an Application page. If a user interacts with the plugins, e. g. by clicking on the Facebook "Like-Button" or entering a comment, while being logged in to such user's Facebook-Account, a user links the contents of the Application pages to her Facebook-profile. Thereby Facebook can correlate a user's visit of the Application page with such user's account. Eyekon as the provider of the Application does not have any knowledge of the content of the transmitted data or its usage by Facebook. Users can find more information on that issue in the privacy policy of Facebook at http://www.facebook.com/about/privacy/.
Google Analytics. The Application uses Google Analytics, a web and mobile analysis service by Google Inc. and/or a similar analytics service ("Google"). Google Analytics uses 'cookies', text files that are saved on your computer and allow your use of the application to be analyzed. The information about your visit collected by the cookie (including your IP address) is usually transferred to a Google server in the USA and saved there. If this application has activated IP anonymisation, Google first abbreviates your IP address within your state. The full IP address will only be transferred to a Google server in the USA and abbreviated there in exceptional cases. You can prevent the installation of the cookies by entering the corresponding settings in your browser software. However, please note that in this case you may not be able to use the complete range of functions of the Application to their full extent.
III. USE OF PERSONAL INFORMATION
We collect, retain and use personally identifiable information or other information you provide to us via the Application for legitimate business purposes only, including without limitation in the following ways: (a) to qualify you as a registered user with access to the password-protected portion of the Application; (b) to provide services to registered users and to otherwise operate the Application; (c) to respond to an inquiry from you or address a request submitted by you (including contacting you directly to request additional information to process your inquiry or request; (d) to contact you and provide you with information regarding Eyekon; (e) to notify you about your accounts or transactions with us and to otherwise contact you with information we believe is of interest to you; (f) to correspond with you about our features or services or special offers related thereto; (g) to facilitate the payment of any fees necessary to access the Application and/or Services; (h) to enhance or develop the Application, the features and services; (i) to monitor the usage of the Application and any services and features offered; (j) to provide third parties with aggregate anonymous non-personal information about our user base and usage patterns; (k) to personalize the features and services; (l) to comply with applicable laws, regulations and rules, and requests of relevant regulatory and law enforcement and/or other governmental agencies; (m) to protect the rights, property, or safety of Eyekon, our personnel, users, and others.
We may use the email address you provide to us to send you notifications, updates, newsletters or information regarding the Application and any features or services.
Sharing of Personal Information by Eyekon. We do not sell or rent your personally identifiable information to third parties. We may share your personally identifiable information with third party service providers to provide you with the features and services of the Application. Access to your personally identifiable information by these contractors is limited to the information reasonably necessary to perform their limited function for us. We also require that these contractors protect the privacy of your personally identifiable information consistent with this Privacy Policy, and not use or disclose your personally identifiable information for any purpose other than providing us with products or services for which we contracted them.
We also may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.
We may share aggregate, anonymous statistical, non-personal information regarding the users of the Application, traffic patterns, statistical scientific data and Application usage with third parties obtained as of the execution of the Eula between you and Eyekon.
We will disclose information we maintain, including personally identifiable information, when required to do so by law, or may disclose such information in response to a request from a law enforcement agency or authority, or to pursue available remedies or limit damages we may sustain, to protect our operations or those of any of our affiliated companies, to protect the rights, privacy, safety or property of Checkers or others, or to enforce our terms and conditions.
Finally, if you opt-in to receive marketing communications from third parties, we may, from time to time, share the information you provide to us with a few carefully selected third party marketing partners that we believe offer products or services that may be of interest to you. If you would like us to stop providing your information to our third party marketing partners, you may opt-out by emailing us at [email protected] or sending a letter to Eyekon E.R.D Ltd. 5 Jabotinski st. POB 12, Ramat Gan 5252006 Israel.
Payment Information. Use of the Application may require payment of fees. To formulate such payment you may be required to provide a mailing address and other personal information, all of which will remain private and not become visible to other users.
Links to Other Sites. The Application may contain links to third party websites that allow users the ability to download or access software or content. Eyekon neither controls nor endorses such third party websites, and has neither reviewed nor approved any content that appears thereon or the privacy practices of such third parties. Eyekon shall not be held responsible for such third parties’ privacy practices. You should review the privacy policies posted on such third party sites. You should be aware that if you voluntarily disclose personally identifiable information in your communications with third parties linked from on the Eyekon Site or in other materials, that information, along with any other information disclosed in your communication, can be collected and correlated and used by such third parties and may result in your receiving unsolicited messages from other persons. Such collection, correlation, use and messages are beyond our control.
Polls and Surveys. We may conduct polls and surveys either directly or through third parties. Your selection may be random, or it may be based on your non-personally identifiable information, such as geographic location, etc. You participation in a poll or survey is voluntary. Eyekon or its third party contractors may target some advertisements or incentives to you based on the polls or surveys results. If the delivery of incentives requires your contact information, you may be asked to provide personally identifiable information to the third party provider fulfilling the incentive offer, which will only be used for the purpose of delivering incentives and/or verifying your contact information. Taking advantage of such incentive and providing such information is voluntary and in your sole discretion.
IV. PERSONAL INFORMATION OF CHILDREN
Eyekon does not knowingly collect any information from children under the age of 13. If we learn that we have received any such information, we will delete it promptly. If you have not yet reached the age of 18 (or age of majority in your place of residence if higher than 18), we recommend that you ask a parent or guardian for permission before submitting any information to us or using our App.
V. RETENTION OF PERSONAL INFORMATION
Storage. By using the Application or any of our features and services, you consent to the transfer of your personally identifiable information outside of your country of residence. We will endeavor to adhere to the principles set forth in this Privacy Policy, regardless of whether information is collected, transferred or retained in countries or jurisdictions that do not require a similar level of protection of your personally identifiable information. We will retain your personally identifiable information for as long as necessary to: (i) permit us to use it for the purposes that we have communicated to you; (ii) comply with our legal obligations, resolve disputes and enforce the Eula; and (iii) comply with applicable laws, rules or regulations.
Security. Eyekon employs security systems to protect the personally identifiable information we receive from you from unauthorized disclosure. Access to your data on the Application is password-protected,. Please be aware that Internet data transmission is not always secure and we cannot warrant that information you transmit utilizing the Application may not be intercepted, accessed, disclosed, altered, or destroyed by breach of any of our safeguards. Because security is important to both Eyekon and you, we will always make reasonable efforts to ensure the security of our systems; however it is your responsibility to protect the security of your login information. If you suspect unauthorized access to your information, it is your responsibility to contact Eyekon immediately. We strongly advise you not to communicate any confidential information through these means.
VI. YOUR INFORMATION CHOICES
Modification. We strive to maintain the accuracy of any personally identifiable information that may have been collected from you, and will use our commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is inaccurate. It is your responsibility to ensure that such information is accurate, complete, and up-to-date. You may review and update personally identifiable information that you have provided to us at any time by signing in and visiting your profile.
Termination. You may withdraw your consent to the collection of your information at any time, by notifying us that you terminate the Eula, but please note that your withdrawal of consent will not be retroactive such that information that you publicly posted, or that you shared with others, or that others have downloaded or copied onto their computer or devices may be not be eliminated. Upon termination of the EULA we will eliminate the information you supplied to us, provided that we may keep a copy of it in our archives for uses documented in this Privacy Policy and the EULA or for regulatory and compliance purposes.
VII. MISCELLANEOUS
Use Signifies Acceptance. By accessing or using or continuing to access and use the Application, the tools or the services, you signify that you have read, understand and agree with our privacy policy. If you do not agree to the terms of this privacy policy, you must refrain from any access to the Site and from providing us with any personally identifiable information.
Changes to Privacy Policy. We may, at our sole discretion, change, modify, add, or delete portions of this Privacy Policy at any time. If any material term of this Privacy Policy is changed, we will revise this Privacy Policy to reflect such change and provide you with appropriate notice and choices. You may always visit this policy to learn of any changes and updates. Continued use of the App after the effective date of a change constitutes acceptance of the change. We will indicate at the bottom of this Privacy Policy the date this Privacy Policy was last revised.
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International Users. If you are a resident of a country other than the United States, by using this Site and/or the Services and providing us your personally identifiable information, you explicitly acknowledge and agree the we can transfer your personally identifiable information to the United States and to the collection and use of your personally identifiable information in accordance with this Privacy Policy.
Questions and Contact Information
If you have any questions or concerns about our privacy policy, please email us at [email protected].
Last Updated: March 2, 2016.
LICENSED APPLICATION END USER LICENSE AGREEMENT
The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor (“Application Provider”) reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.”
NOTICE REGARDING DISPUTE RESOLUTION: THIS LICENSE AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND APPLICATION PROVIDER HAVE AGAINST EACH OTHER ARE RESOLVED (SEE “ARBITRATION” SECTION j. BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE ARBITRARION SECTION BELOW. UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST APPLICATION PROVIDER ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
a. Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
c. Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone or iPod touch are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. The laws of the State of New York, USA, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
j. Legal Disputes and Arbitration Agreement
1. Initial Dispute Resolution. We are available by email at [email protected]_ to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
2. Terms of Service and Binding Arbitration Agreement.
IF THE PARTIES DO NOT REACH AN AGREED UPON SOLUTION WITHIN A PERIOD OF THIRTY (30) DAYS FROM THE TIME INFORMAL DISPUTE RESOLUTION IS PURSUED PURSUANT TO SECTION j..1 ABOVE, THEN EITHER PARTY MAY INITIATE BINDING ARBITRATION. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE AND BREACH), THE PARTIES’ RELATIONSHIP WITH EACH OTHER AND/OR YOUR USE OF THE APP SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY JAMS ON A NON-CONFIDENTIAL BASIS IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THESE TERMS OF SERVICE, INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS OF SERVICE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PROCEDURES AND RULES OF THE FEDERAL ARBITRATION ACT SHALL EXCLUSIVELY GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION AND THE PARTIES HEREBY REJECT, WAIVE AND DISCLAIM THE APPLICATION OF ANY STATE ARBITRATION ACT.
THE JAMS RULES GOVERNING ARBITRATION CAN BE ACCESSED AT WWW.JAMSADR.COM. YOUR COST TO INITIATE AN ARBITRATION PROCEEDING WILL BE THE $250 FEE CHARGED BY JAMS. ALL OTHER JAMS COSTS WILL BE PAID BY US, INCLUDING CASE MANAGEMENT FEES AND FEES FOR THE ARBITRATOR’S SERVICES. TO THE EXTENT THE YOUR FILING FEE FOR THE TO INITIATE AN ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO JAMS AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO JAMS. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CASES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
3. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section j.2 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
4. Exception - Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
5. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections j.2-4 by sending written notice of your decision to opt-out to the following address: Eyekon E.R.D Ltd. 5 Jabotinski st. POB 12, Ramat Gan 5252006 Israel. The notice must be sent within thirty (30) days of downloading the App, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Application Provider also will not be bound by them.
6. Exclusive Venue for Litigation. Solely to the extent the arbitration provisions set forth in Section j.2 do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New York City (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in New York State for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in New York for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of New York over any litigation arising in connection with, out of, or as a result of (a) this EULA or the App, and (b) any acts or omissions of any of the Application Provider in connection with this EULA or the App.
k. Changes. We may, at our sole discretion, change, modify, add, or delete portions of this EULA at any time. If any material term of this EULA is changed, we will revise this EULA to reflect such change and provide you with appropriate notice and choices. You may always visit this EULA to learn of any changes and updates. Continued use of the App after the effective date of a change constitutes acceptance of the change. In the event we modify this EULA, such modified version shall be effective upon posting. We will indicate at the bottom of this EULA the date it was last revised.
Last Updated: March 2, 2016.