The website located at www.mapledrive.com (the “Site”) is a copyrighted work belonging to maple tech, inc (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
these terms of use (these “terms”) set forth the legally binding terms and conditions that govern your use of the site. by accessing or using the site, youare accepting these terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these terms (on behalf of yourself or the entity that you represent). you may not access or use the site or accept the terms if you are not at least 18 years old. if you do not agree with all of the provisions of these terms, do not access and/or use the site.
unless you opt out of the agreement to arbitrate within 30 days: (1) you will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and you waive your right to participate in a class action lawsuit or class-wide arbitration; and (2) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.
1. Accounts
1.1 Account Creation.
In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 8.
1.2 Account Responsibilities
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to
comply with the above requirements.
2 License
2.1 License
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
2.2 Certain Restrictions
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or
on any content displayed on the Site) must be retained on all copies thereof.
2.3 Modification
Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
2.4 Support or Maintenance.
You acknowledge and agree that Company will have no obligationto provide you with any support or maintenance in connection with the Site.
2.5 Ownership
Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
2.6 Feedback.
If you provide Company with any feedback or suggestions regarding the Site(“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
3. user content
3.1 User Content. “User Content"
means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Since you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
3.2 License Restrictions
You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3.3 Acceptable Use Policy
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any UserContent (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right,privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful,harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false,intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry,hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that isharmful to minors in any way, or (iv) that is in violation of any law, regulation, or obligations or restrictionsimposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
3.4 Enforcement
We reserve the right (but have no obligation) to review, refuse and/or remove anyUser Content in our sole discretion, and to investigate and/or take appropriate action against you in our solediscretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liabilityfor us or any other person. Such action may include removing or modifying your User Content, terminating yourAccount in accordance with Section 8, and/or reporting you to law enforcement authorities.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our
robots.txt file).
4. indemnification.
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Third-party Links & Ads; Other Users
5.1 Third-Party Links & Ads
The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
5.2 Other Users
Each Site user is solely responsible for any and all of its own User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any
such interactions. If there is a dispute between you and any Site user, we are under no obligation to become
involved.
5.3 Release
you hereby release and forever discharge company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the site (including any interactions with, or act or omission of, other site users or any third-party links & ads). if you are a california resident, you hereby waive california civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party.”
6. Disclaimers
The site is provided on an “as-is” and “as available” basis, and company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of
merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. we (and our suppliers) make no warranty that the site will meet your requirements, will be available on an uninterrupted, timely,
secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. if applicable law requires any warranties with respect to the site, all such warranties are limited in duration to 90 days
from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
7. Limitation On Liability
To the maximum extent permitted by law, in no event shall company (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use, the site, even if company has been advised of the possibility of such damages. access to, and use of, the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty us dollars. the existence of more than one claim will not enlarge this limit. you agree that our
suppliers will have no liability of any kind arising from or relating to these terms.
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.
8. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.6, Section 3 and Sections 4 through 10.
9. Copyright Policy
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature
identification of the copyrighted work(s) that you claim to have been infringed
identification of the material on our services that you claim is infringing and that you request us to remove
your address, telephone number, and e-mail address
a statement that you have a good faith belief that use of the objectionable material is not authorized by the
copyright owner, its agent, or under the law; anda statement that the information in the notification is accurate, and under penalty of perjury, that you are
either the owner of the copyright that has allegedly been infringed or that you are authorized to act on
behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
10. General
10.1 Changes.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
10.2 Dispute Resolution
Applicability of Arbitration Agreement. You agree that any dispute between you andany of the Company Parties relating in any way to the Site, the services offered on the Site (the “Services”) or theseTerms will be resolved by binding arbitration, rather than in court, except that (1) you and the Company Partiesmay assert individualized claims in small claims court if the claims qualify, remain in such court and advancesolely on an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court forinfringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, tradesecrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination ofthese Terms and shall apply, without limitation, to all claims that arose or were asserted before you agreed tothese Terms (in accordance with the preamble) or any prior version of these Terms. This ArbitrationAgreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Suchagencies can, if the law allows, seek relief against the Company Parties on your behalf. For purposes of thisArbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before theexistence of this or any prior versions of the Agreement as well as claims that may arise after the termination ofthese Terms.
Informal Dispute Resolution. There might be instances when a Dispute arises betweenyou and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. Youand Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost andmutually beneficial outcome. You and Company therefore agree that before either party commences arbitrationagainst the other (or initiates an action in small claims court if a party so elects), we will personally meet andconfer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered bythis Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, yourcounsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to: concierge@mapledrive.com, or by regular mail to 548 Market St PMB 35824, San Francisco, California 94104. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the
Informal Dispute Resolution Conference process required by this section.Arbitration Rules and Forum. These Terms evidence a transaction involving interstatecommerce; and notwithstanding any other provision herein with respect to the applicable substantive law, theFederal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this ArbitrationAgreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does notresolve satisfactorily within 60 days after receipt of your Notice, you and Company agree that either party shallhave the right to finally resolve the Dispute through binding arbitration. The Federal Arbitration Act governs theinterpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, anestablished alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount incontroversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most currentversion of the Streamlined Arbitration Rules and procedures availableat http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most currentversion of the Comprehensive Arbitration Rules and Procedures, availableat http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.comor by calling JAMS at 800-352-5267. A party who wishes to initiate arbitration must provide the other party with arequest for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailingaddress, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as theemail address associated with any applicable account; (2) a statement of the legal claims being asserted and thefactual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of theamount in controversy in United States Dollars; (4) a statement certifying completion of the Informal DisputeResolution process as described above; and (5) evidence that the requesting party has paid any necessary filing feesin connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephonenumber, mailing address, and email address. Such counsel must also sign the Request. By signing the Request,counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonableunder the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass,cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and otherlegal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, orreversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiarysupport or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for furtherinvestigation or discovery.
Unless you and Company otherwise agree, or the Batch Arbitration process discussed in Subsection 10.2(h) istriggered, the arbitration will be conducted in the county where you reside. Subject to the JAMS Rules, the arbitratormay direct a limited and reasonable exchange of information between the parties, consistent with the expeditednature of the arbitration. If the JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.
You and Company agree that all materials and documents exchanged during the arbitration proceedings shall be keptconfidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, andthen subject to the condition that they agree to keep all materials and documents exchanged during the arbitrationproceedings confidential.
Arbitration Rules and Forum. These Terms evidence a transaction involving interstatecommerce; and notwithstanding any other provision herein with respect to the applicable substantive law, theFederal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this ArbitrationAgreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does notresolve satisfactorily within 60 days after receipt of your Notice, you and Company agree that either party shallhave the right to finally resolve the Dispute through binding arbitration. The Federal Arbitration Act governs theinterpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, anestablished alternative dispute resolution provider. DisAuthority of Arbitrator. The arbitrator shall have exclusive authority to resolve alldisputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation,applicability, enforceability or formation of this Arbitration Agreement or any portion of the ArbitrationAgreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver ofClass or Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver ofClass or Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsectionentitled “Waiver of Class or Other Non-Individualized Relief” has been breached, shall be decided by a court ofcompetent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled“Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court ofcompetent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied anycondition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by anarbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by acourt of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated withany other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled“Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any claimor dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetaryremedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and these Terms(including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decisiondescribing the essential findings and conclusions on which any award (or decision not to render an award) is based,including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The award of thearbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any courthaving jurisdiction.putes involving claims and counterclaims with an amount incontroversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most currentversion of the Streamlined Arbitration Rules and procedures availableat http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most currentversion of the Comprehensive Arbitration Rules and Procedures, availableat http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.comor by calling JAMS at 800-352-5267. A party who wishes to initiate arbitration must provide the other party with arequest for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailingaddress, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as theemail address associated with any applicable account; (2) a statement of the legal claims being asserted and thefactual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of theamount in controversy in United States Dollars; (4) a statement certifying completion of the Informal DisputeResolution process as described above; and (5) evidence that the requesting party has paid any necessary filing feesin connection with such arbitration.
Waiver of jury trial. except as specified in section 10.2(a) you andthe company parties hereby waive any constitutional and statutory rights to suein court and have a trial in front of a judge or a jury. you and the company parties areinstead electing that all covered claims and disputes shall be resolved exclusively by arbitration under thisarbitration agreement, except as specified in section 10.2(a) above. an arbitrator can award on an individual basisthe same damages and relief as a court and must follow these terms as a court would. however, there is no judgeor jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of class or other non-individualized relief. you and company agree that, except as specified in subsection 10.2(h) each of us may bring claims against the other only on an individual basis and not on a class, representative, or collective basis, and the parties hereby waive all rights to have any dispute be brought, heard, administered, resolved, or arbitrated on a class, collective,
representative, or mass action basis. only individual relief is available, and disputes of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. subject to this arbitration agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 10.2(h) entitled “batch arbitration.” notwithstanding anything to the contrary in this arbitration agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “waiver of class or other non-individualized relief,” are invalid or unenforceable as to a particular claim or request for relief
(such as a request for public injunctive relief), you and company agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the state of california. all other disputes shall be arbitrated or litigated in small claims court. this subsection does not prevent you or company from participating in a class-wide settlement of claims.Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs inarbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request wasfrivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of CivilProcedure 11(b)). If you or Company need to invoke the authority of a court of competent jurisdiction to compelarbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collectfrom the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred insecuring an order compelling arbitration. The prevailing party in any court action relating to whether either partyhas satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitledto recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
Batch Arbitration. To increase the efficiency of administration and resolution ofarbitrations, you and Company agree that in the event that there are 100 or more individual Requests of asubstantially similar nature filed against Company by or with the assistance of the same law firm, group of lawfirms, or organizations, within a 30 day period (or as soon as possible thereafter), the JAMS shall (1) administer thearbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests leftover after the batching described above, a final batch consisting of the remaining Requests); (2) appoint onearbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration withone set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in aplace to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same eventor factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent theparties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the JAMS, andthe JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process(“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the AdministrativeArbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolveany disputes promptly. The Administrative Arbitrator’s fees shall be paid by Company.
You and Company agree to cooperate in good faith with the JAMS to implement the Batch Arbitration processincluding the payment of single filing and administrative fees for batches of Requests, as well as any steps tominimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master toassist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of thearbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or massarbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances,except as expressly set forth in this provision.
30-Day Right to Opt Out. You have the right to opt out of the provisions of thisArbitration Agreement by sending a timely written notice of your decision to opt out to the following address: 548Market St PMB 35824, San Francisco, California 94104, or email to concierge@mapledrive.com, within 30 daysafter first becoming subject to this Arbitration Agreement. Your notice must include your name and address and aclear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement,all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effecton any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class orOther Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to beinvalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and theremainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Disputethat you have with Company as detailed in this Arbitration Agreement must be initiated via arbitration within theapplicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agreethat all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes oflimitation would apply in the applicable court of competent jurisdiction.
Modification. Notwithstanding any provision in these Terms to the contrary, we agreethat if Company makes any future material change to this Arbitration Agreement, you may reject that changewithin 30 days of such change becoming effective by writing Company at the following address: 548 Market StPMB 35824, San Francisco, California 94104, or email to concierge@mapledrive.com. Unless you reject thechange within 30 days of such change becoming effective by writing to Company in accordance with the foregoing,your continued use of the Site and/or Services, including the acceptance of products and services offered on theSite following the posting of changes to this Arbitration Agreement constitutes your acceptance of any suchchanges. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of theArbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out ofarbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existingagreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or ofthe Site, any communications you receive, any products sold or distributed through the Site, the Services, or theseTerms, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted anysubsequent changes to these Terms) remain in full force and effect. Company will continue to honor any valid optouts of the Arbitration Agreement that you made to a prior version of these Terms.
10.3 Export
The Site may be subject to U.S. export control laws and may be subject to export orimport regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S.technical data acquired from Company, or any products utilizing such data, in violation of the United States exportlaws or regulations.
10.4 Disclosures
Company is located at the address in Section 10.8. If you are a California resident,
you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by
telephone at (800) 952-5210.
10.5 Electronic Communications
The communications between you and Company use electronic
means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates
with you via email. For contractual purposes, you (a) consent to receive communications from Company in an
electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other
communications that Company provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable
rights.
10.6 Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
10.7 Copyright/Trademark Information
Copyright © 2024 maple tech, inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
10.8 Contact Information:
Maple Drive Tech Legal Department
Email: support@mapledrive.com