March 31, 2016
Table of Contents
1. The Terms
2. Acceptance of Terms
By using the website and/or APP, you (i) agree to be bound by the Terms, (ii) represent that you are over the age of eighteen (18) and able to form legally binding contracts, (iii) agree and acknowledge that by using the Service you are accepting a benefit that cannot be disgorged,
PLEASE NOTE THAT THESE TERMS PROVIDE THAT IF YOU AND GLOBAL WOLF LLC DBA “TIN LIZZEE” ARE UNABLE TO RESOLVE ANY DISPUTES THAT ARISE BETWEEN YOU AND TIN LIZZEE AND THE DISPUTE IS NOT RESOLVED INFORMALLY OR THROUGH MEDIATION, THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. YOU AND TIN LIZZEE ALSO AGREE THAT ANY CLAIMS OR DISPUTES CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW IF YOU DO NOT ACCEPT THE ARBITRATION PROVISION BELOW, YOU MAY NOT USE THE WEBSITE AND/OR APP.
The words “User,” “you” and “your” refer to the individual or entity that accepts these terms and conditions as a customer or creates a Tin Lizzee account and/or Tin Lizzee Technician. “Tin Lizzee,” “we,” “us” and “our” refer to Tin Lizzee and all associated persons that work for or are contracted by Tin Lizzee. “Customer” refers to the person who asks a question on the website and/or APP, requests a service on the website and/or APP and/or creates an account on the website and/or APP. ” Tin Lizzee Technician(s)/Tech(s) ” refers to an independent contractor who Tin Lizzee has entered in to an agreement with to answers questions and render advice via the Tin Lizzee website and/or APP. Tin Lizzee “application(s)” refer to tinlizzee.com and/or Tin Lizzee APPs for iOS and/or Android and any other future applications created or owned by Tin Lizzee.
4. Electronic Communications and Right to Modify Terms
When you visit Tin Lizzee via the website site tinlizzee.com or the Tin Lizzee APP (iOS or Android) or send an e-mail(s), enter into a chat or live camera sharing using Tin Lizzee applications, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by chat, e-mail or by posting notices on this website and/or APP. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Tin Lizzee may modify any of the Terms at any time by posting them on the application. Changes shall automatically be effective upon posting; provided, however, that those changes and been made by or approved by Tin Lizzee, in its sole discretion, deems material changes to the Terms will be effective as to an existing User upon the earlier of: (1) the agreement of the User; or (2) thirty (30) days after notice to the existing User, either via email from a @TinLizzee.com or @Global-Wolf.com email address to the User’s email address on file with Tin Lizzee or via other means including but not limited to a pop-up or banner, messages or other conspicuous notices on the Tin Lizzee website and/or APP . If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from Tin Lizzee email addresses. Your continued use of the Service(s) will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using any or all Tin Lizzee applications. The latest Terms will be posted on the application, and you should always review them prior to using the application.
5. Tin Lizzee Applications
Tin Lizzee as a Venue for Third-Party Content
Tin Lizzee applications are a venue for informational and educational purposes to allow Customers to ask questions and Tin Lizzee Technicians to answer them. Users of the applications, not Tin Lizzee, provide the content in Chats (defined below). The Tin Lizzee Technicians independently determine which questions to answer; Tin Lizzee Techs are not employees or agents of Tin Lizzee but are independent service providers using Tin Lizze applications to sell their Technical knowledge to Customers and, as such, together with Customers, are simply Users of Tin Lizzee applications.
Tin Lizzee is not involved in conversations between Customers and Tin Lizzee Techs and does not refer Customers to or endorse or recommend particular Tin Lizzee Techs. You understand and acknowledge that Tin Lizzee cannot and does not edit, modify, endorse or guarantee the advice or content of Chats. Tin Lizzee shall not be liable for any acts or omissions of Tin Lizzee Techs, content in Chats, or the ability of Tin Lizzee Techs to answer questions. We cannot ensure that a Technician will complete a transaction. Notwithstanding the foregoing, Tin Lizzee reserves the right, but is not obligated, to remove any User’s access to any and all Tin Lizzee applications.
Chats Are Not Private nor Confidential; Anonymity
Tin Lizzee applications is/are forum(s). Information and materials submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and Chats on all a Tin Lizzee applications or in the chat forum and other places where Users communicate on the application(s) (collectively “Chats”) is not private or confidential, and it may be read, collected, and used by others.
Information. Tin Lizzee Techs may be licensed, certified, educated, employed by or have experience in particular appliances.
Communications on Tin Lizzee applications are limited to, and as described above, do not include safeguards and procedures typical of in-person evaluations and visits. Before you can interact with a Technician, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms.
6. User Accounts; Restricted Activities; Suspension or Termination of Service
User Accounts. When you register as a User on any or all Tin Lizzee applications, you can establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of all user names, passwords, and account data, and you may not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Tin Lizzee of any unauthorized use of your password or account. You should only create one account on each Tin Lizzee application. If your Tin Lizzee account has been suspended or terminated, you may not open another account on the application. You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Tin Lizzee accounts.
Restricted Activities. You agree that any content you provide on all Tin Lizzee applications and your use of any Tin Lizzee application initiated through the website and/or APP shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) have the aim of competing with Tin Lizzee; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, but without containing child pornography; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms or that you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on any Tin Lizzee application without Tin Lizzee’s prior written consent. We do not knowingly collect personal information from children under 18 years of age, and if we become aware that a child under the age of 18 has submitted personal information to us, we will promptly remove it from our systems.
You are prohibited from soliciting Users of this website and/or APP including Tin Lizzee Techs, for any purpose (including inviting other Users to contact you off of the website and/or APP or inviting Users to participate in a website and/or APP that competes with Tin Lizzee or the website and/or APP, including, but not limited to, charging money to receive answers or to communicate with purported Tin Lizzee Techs or specialists).
Suspension or Termination of Service. You may terminate your service and account at your sole discretion and at any time by written notice via e-mail to firstname.lastname@example.org. Terminations typically will be effective within seven business days after our receipt of your termination notice, at which time your account will be closed, and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to theTerms.
At any time, with or without notice, for any or no reason, Tin Lizzee reserves the right to refuse service to anyone, to modify and discontinue any portion of any Service, and to restrict, suspend and terminate Users’ accounts.
Terms and Conditions Specific to Mobile Applications. Once you have registered as a User on any Tin Lizzee application, you may elect to download and use the Tin Lizzee application. By downloading and using one or more of the Tin Lizzee applications, you agree that in addition to this Agreement governing your use of the application(s) the following terms and conditions specifically applicable to your use of the application(s) (the “Mobile Terms”) apply to you:
(a) You acknowledge that the Mobile Terms and the Agreement is between you and Tin Lizzee, and not Apple (ad defined below at (i)) and you understand that Tin Lizzee is solely responsible for the application and content thereof;
(b) Your rights to use the application are limited: you may use the application on any iPhone, iPod touch, iPad (or any apple product) that you own or control as permitted by the usage rules set forth in Apple’s App Store Terms of Service, but you may not transfer your rights to use the App to any other person;
(c) Tin Lizzee (and not Apple) is solely responsible for providing any maintenance and support services with respect to the App(s) as may be required under applicable law and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App(s);
(d) Apple is not responsible for any product warranties (if any) that may be applicable to the App, whether express or implied by law and in the event of any failure of the App, you may notify Apple and Apple will refund the purchase price (if any) for the App(s) to you, and to the maximum extent permitted by applicable law, neither Apple nor Tin Lizzee shall have any other warranty obligation whatsoever with respect to the App(s), and as between Tin Lizzee and Apple, other claims, losses, liabilities, damages costs or expenses attributable to any failure to conform to any warranty (if any) shall be Tin Lizzee’s sole responsibility;
(e) You acknowledge that as between Tin Lizzee and Apple, Tin Lizzee (and not Apple) is responsible for addressing any of your or any third party claims related to the App(s) or your possession and use of the App(s);
(f) You acknowledge that in the event of any third party claim that the App(s) or your possession and use of the App(s) infringe(s) such third party’s intellectual property rights, Tin Lizzee and not Apple will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim;
(g) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
(h) Section 19 (DISPUTE RESOULTION) contains Tin Lizzee’s email and mailing address where you may address questions, complaints or claims and the terms related to the App(s);
(i) Section 19 (DISPUTE RESOLUTION) shall govern any dispute that may arise between you and Tin Lizzee related to the App(s);
(j) You acknowledge that Apple and its subsidiaries (collectively, “Apple”) are third party beneficiaries of the Agreement and upon your download of and use of the App(s) indicating your assent and agreement to the Mobile Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Mobile Terms against you as a third party beneficiary thereof.
7. Charges, Rating the Technician, Refund and Cancellation Policy
Tin Lizzee’s platform allows Customers to pose questions to Tin Lizzee Techs, facilitates communication with Tin Lizzee Techs via chat and live camera sharing, and enables delivery of answers to questions, among other services. Customers on an Tin Lizzee application may be presented with one of two payment models: (1) pay-for diagnosis model; (2) pay-for repair model.
Pay for Diagnosis. A flat fee is charged and the technician will offer advice on how to determine the fault with the customer’s appliance in question.
Pay for Repair. A flat fee is charged and the technician will offer advice on how to conduct a repair on the customer’s appliance in question.
Rating the Technician. Tin Lizzee Techs typically respond to Customers’ questions quickly, but no guarantee of timeliness is implied or stated. Once the Technician answers your question, you will be asked to rate the Technician. If you provide a rating of 1-2, you may be asked to provide the Technician with feedback about why you are unsatisfied, so the Technician may try to improve performance in the future. Tin Lizzee does not guarantee that you will receive a response from a Technician, or that you will be satisfied with your communication with a Technician.
Refunds, Cancellations, Abuse and Special Programs. Tin Lizzee takes customer satisfaction seriously.
For Unsatisfied Customers, for any reason, then as your sole remedy and within thirty (30) days of when you paid on Tin Lizzee, you may request a refund by contacting Customer Service. You may contact customer service at either email@example.com or 833-876-0900 ext. 702. Tin Lizzee maintains the right to initiate special incentive pricing, membership, and other programs. These may be limited, at Tin Lizzee’s sole discretion, to defined and limited Users or non-Users.
Receipt of Special Offers and Other Communications
8. Legal Statements
Release. Users are responsible for their acts and omissions and content placed on any Tin Lizzee application. Tin Lizzee will not be liable to Users for any disputes that may arise between or among Users.
Proprietary Rights of Content. You acknowledge that Tin Lizzee and its licensors and suppliers own the rights to all Tin Lizzee applications and the content displayed on the application other than Chats. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of any Tin Lizzee application, any software distributed by or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Tin Lizzee , Tin Lizzee Users, or Tin Lizzee Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, whether done directly or through intermediaries (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) including code and software for commercial purposes. For permission to use third-party materials appearing on any Tin Lizzee application, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through any Tin Lizzee application. The posting of information or materials on Tin Lizzee application does not constitute a waiver of any right in such information and materials.
Any access to, or use of, Tin Lizzee to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website and/or APP , or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Tin Lizzee (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) without the prior written authorization of Tin Lizzee is prohibited. This prohibition specifically applies, but is not limited to, software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
If you access Tin Lizzee applications, you may not copy, display, distribute, perform or create derivative works from content displayed on the website and/or APP or other intellectual property in violation of the Terms of Service or for purposes inconsistent with the Terms of Service, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on Tin Lizzee applications or any provision of the Terms of Service that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of Tin Lizzee webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101.
You agree that Chats on the website(s) and/or APP(s), materials, ideas, comments and testimonials you submit on the website(s) and/or APP(s) or other venues, including but not limited to the Tin Lizzee blogs; the Tin Lizzee venues on www.facebook.com, www.twitter.com, www.linkedin.com, www.youtube.com, www.pinterest.com, plus.google.com, www.flickr.com ; the website(s) and/or APP(s) administrator or any employee, officer or agent of Tin Lizzee (“User Content”), will not be considered confidential and may be used by Tin Lizzee , in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that Tin Lizzee owns, and has the right to register in its name, trademarks and service marks for any category names that you create on Tin Lizzee, so do not use a category name that you want to reserve for your own benefit. Tin Lizzee may use other trademarks or service marks in lieu of the category names that you create.
You grant to Tin Lizzee a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Chats and User Content, in any media now known or not currently known, with respect to any such Chats and other User Content.
No Endorsement of Non-Tin Lizzee Entity; No Relationship with Users
Tin Lizzee may endeavor to offer to its Users products and services offered by non-Tin Lizzee entities. Any Tin Lizzee appliction may contain links to third party website(s) and/or APP(s) and service providers (collectively, “Third Party Services”) that are not owned or controlled by Tin Lizzee. Tin Lizzee has no control over and assumes no responsibility for the content, practices, and privacy policies of such Third-Party Services. Tin Lizzee encourages you to, and you acknowledge that you are solely responsible for, reviewing and complying with any third party terms and conditions and privacy policies. Tin Lizzee cannot and will not censor or edit the content of any Third Party Service. Placement of information, logos, links or names of such non-Tin Lizzee entities on the website(s) and/or APP(s) does not constitute an endorsement or warranty of these entities, their products or services. By using this website and/or APP, you agree that Tin Lizzee is not responsible for, and you take full responsibility for, a decision to visit or patronize any such Third Party Service or entity, you hold Tin Lizzee harmless from any and all liability arising from such actions, and you expressly relieve Tin Lizzee from all liability arising from your use of Third Party Services.
You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Tin Lizzee or between any User (including Customers and Tin Lizzee Techs) and Tin Lizzee by formation of this Agreement (or any of the Terms) or by your participation on any Tin Lizzee application.
IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE(S) AND/OR (S) , FROM THIRD PARTIES OR OBTAINED FROM A LINKED WEBSITE(S) AND/OR APP(S) . PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
9. Information Control and Storage
We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using any Tin Lizzee application. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this website and/or APP, you agree to accept such risks and that Tin Lizzee is not responsible for the acts or omissions of Users on the website and/or APP.
The amount of storage space per User is currently limited. You agree that Tin Lizzee is not responsible or liable for the deletion or failure to store content and/or other information.
Exclusion of Warranties
TIN LIZZEE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS WEBSITE AND/OR APP SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. TIN LIZZEE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR APP OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIN LIZZEE DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED WEBSITE AND/OR APP WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES WILL TIN LIZZEE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE AND/OR APP, FROM THIRD PARTIES (SUCH AS TIN LIZZEE TECHS OR OTHERS) OR A LINKED WEBSITE AND/OR APP , OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED WEBSITE AND/OR APP . USE OF THIS WEBSITE AND/OR APP IS AT USERS’ SOLE RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIN LIZZEE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
Limitation of Liabilities
IN NO EVENT SHALL TIN LIZZEE , ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE AND/OR APP , OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS WEBSITE AND/OR APP AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO TIN LIZZEE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Tin Lizzee , its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third-party that are in any way due to or arising out of your use of or conduct on the website and/or APP.
Press Releases and Third-Party Press about Tin Lizzee
An Tin Lizzee application may contain press releases and other information about Tin Lizzee. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Tin Lizzee. Likewise, third-party press about Tin Lizzee or the website and/or APP should not be relied upon as being provided or endorsed by Tin Lizzee.
Choice of Law
The Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of law provisions.
If you have a dispute with Tin Lizzee or if Tin Lizzee has a dispute with you and such dispute cannot be resolved informally, such dispute will be resolved on an individual basis in accordance with the provisions set forth below:
(a)Informal Resolution. Prior to initiating mediation or arbitration, the party with a grievance must:
(i) Notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to the User’s email address on file with Tin Lizzee, or Tin Lizzee, 3096 S. Horner BLVD, Suite 354 Sanford, NC 27342 or admin@Tin Lizzee.com, whichever is applicable (“Dispute Notification”);
(ii) The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond.
(iii) The other party then has 15 days to consider the response and reply.
(c) ARBITRATION. IF MEDIATION DOES NOT OCCUR OR IF MEDIATION DOES NOT RESOLVE THE DISPUTE, THEN BOTH PARTIES AGREE TO ARBITRATE ANY DISPUTES THEY HAVE WITH THE OTHER SO LONG AS SUCH DISPUTES ARE ARISING OUT OF OR RELATED TO THIS AGREEMENT. SPECIFICALLY, YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE FEDERAL ARBITRATION ACT GOVERNS SECTION 20(B) AND THAT YOU AND TIN LIZZEE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY INVOLVING ALL DISPUTES, CLAIMS AND CONTROVERSIES, OF ANY SORT OR NATURE, BETWEEN US, ARISING OUT OF THE USE OF THE WEBSITE AND/OR APP AND WAIVING THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION REGARDING ANY DISPUTE. YOU AND TIN LIZZEE AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU MUST FILE ANY DEMAND FOR ARBITRATION. YOU MAY HAVE WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). SUCH ARBITRATION IS FINAL AND BINDING AND WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “AAA RULES”). THE DECISION OF THE ARBITRATOR(S) SHALL BE BINDING AND ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
(d) CLASS ACTION WAIVER. YOU AND TIN LIZZEE EXPRESSLY AGREE THAT: (i) EACH PARTY MUST BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING; (ii) THERE SHALL BE NO CLASS CLAIMS, CONSOLIDATION, OR JOINDER ALLOWED IN ANY ARBITRATION BETWEEN THE PARTIES; AND (iii) NO CLAIMS MAY BE MADE THROUGH AN ACTION PURPORTING TO REPRESENT A CLASS OF USERS OR OTHERWISE ASSERTING CLAIMS ON BEHALF OF A CLASS (“CLASS ACTION WAIVER).
This Dispute Resolution section shall survive termination of this Agreement.
10. Agreement; Assignment; Miscellaneous
You agree that Tin Lizzee may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including but not limited to because your interaction with other users of the website and/or APP, the pricing offered, and fraud mechanisms in place, are based upon individual usage. Tin Lizzee shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of Tin Lizzee. No delay or omission on the part of Tin Lizzee in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
Special Provisions Relating to Virtually There™ Users