Website Terms of Use

Version 1.0
Last revised on: August 20, 2021
The website located at (the “Site”)is a copyrighted work belonging to Scribe Automation Corporation (“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 suchfeatures.  All such additional terms,guidelines, and rules are incorporated by reference into these Terms.These Terms of Use (these “Terms”) set forth the legallybinding terms and conditions that govern your use of the Site.  By accessing or using the Site, you areaccepting these Terms (on behalf of yourself or the entity that you represent),and you represent and warrant that you have the right, authority, and capacityto enter into these Terms (on behalf of yourself or the entity that yourepresent).  you may not access or usethe Site or accept the Terms if you are not at least 18 years old.  If you do not agree with all of theprovisions of these Terms, do not access and/or use the Site.These terms require the use of arbitration (Section 10.2) on anindividual basis to resolve disputes, rather than jury trials or class actions,and also limit the remedies available to you in the event of a dispute.
Account Creation.  
In order to use certain features of the Site, you must register foran account (“Account”) and providecertain information about yourself as prompted by the account registrationform.  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. Youmay delete your Account at any time, for any reason, by following theinstructions on the Site.  Company maysuspend or terminate your Account in accordance with Section 8.
Account Responsibilities.
 You are responsible for maintaining theconfidentiality of your Account login information and are fully responsible forall activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, orsuspected unauthorized use of your Account or any other breach ofsecurity.  Company cannot and will not beliable for any loss or damage arising from your failure to comply with theabove requirements.2.             
Accessto the Site 2.1           
Subject to these Terms, Company grants you anon-transferable, non-exclusive, revocable, limited license to use and accessthe Site solely for your own personal, noncommercial use.
Certain Restrictions.
 The rights granted to you in these Terms are subject to thefollowing restrictions: (a) you shall not license, sell, rent, lease, transfer,assign, distribute, host, or otherwise commercially exploit the Site, whetherin whole or in part, or any content displayed on the Site; (b) you shall notmodify, make derivative works of, disassemble, reverse compile or reverseengineer any part of the Site; (c) you shall not access the Site in order tobuild a similar or competitive website, product, or service; and (d) except asexpressly stated herein, no part of the Site may be copied, reproduced, distributed,republished, downloaded, displayed, posted or transmitted in any form or by anymeans.  Unless otherwise indicated, anyfuture release, update, or other addition to functionality of the Site shall besubject to these Terms.  All copyrightand other proprietary notices on the Site (or on any content displayed on theSite) must be retained on all copies thereof.
 Company reserves the right, at any time, tomodify, suspend, or discontinue the Site (in whole or in part) with or withoutnotice to you.  You agree that Companywill not be liable to you or to any third party for any modification,suspension, or discontinuation of the Site or any part thereof.
No Support or Maintenance.
You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
 Excluding any UserContent 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’ssuppliers.  Neither these Terms (nor youraccess to the Site) transfers to you or any third party any rights, title orinterest in or to such intellectual property rights, except for the limitedaccess rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in theseTerms.  There are no implied licenses granted underthese Terms.
3.             UserContent3.1           User Content.  “UserContent” 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 UserContent.  You assume all risks associatedwith use of your User Content, including any reliance on its accuracy,completeness or usefulness by others, or any disclosure of your User Contentthat personally identifies you or any third party.  You hereby represent and warrant that yourUser Content does not violate our Acceptable Use Policy (defined in Section 3.3).  You may not represent orimply to others that your User Content is in any way provided, sponsored orendorsed by Company.  Because you aloneare 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 UserContent, and your User Content may be deleted at any time without priornotice.  You are solely responsible forcreating and maintaining your own backup copies of your User Content if youdesire.3.2           License. You hereby grant (and you represent and warrant that you have the rightto 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 useand exploit your User Content, and to grant sublicenses of the foregoingrights, solely for the purposes of including your User Content in theSite.  You hereby irrevocably waive (andagree to cause to be waived) any claims and assertions of moral rights orattribution with respect to your User Content.3.3           Acceptable UsePolicy.  The followingterms constitute our “Acceptable UsePolicy”:(a)           You agree not to use theSite to collect, upload, transmit, display, or distribute any User Content (i)that violates any third-party right, including any copyright, trademark,patent, trade secret, moral right, privacy right, right of publicity, or anyother intellectual property or proprietary right; (ii) that is unlawful,harassing, abusive, tortious, threatening, harmful, invasive of another’sprivacy, vulgar, defamatory, false, intentionally misleading, trade libelous,pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, orphysical harm of any kind against any group or individual or is otherwiseobjectionable; (iii) that is harmful to minors in any way; or (iv) that is inviolation of any law, regulation, or obligations or restrictions imposed by anythird party.(b)           In addition, you agree notto: (i) upload, transmit, or distribute to or through the Site any computerviruses, worms, or any software intended to damage or alter a computer systemor data; (ii) send through the Site unsolicited or unauthorized advertising,promotional materials, junk mail, spam, chain letters, pyramid schemes, or anyother form of duplicative or unsolicited messages, whether commercial orotherwise; (iii)  use the Site toharvest, 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 theSite, or violate the regulations, policies or procedures of such networks; (v)attempt to gain unauthorized access to the Site (or to other computer systemsor networks connected to or used together with the Site), whether throughpassword mining or any other means; (vi) harass or interfere with any otheruser’s use and enjoyment of the Site; or (vi) use software or automated agents orscripts to produce multiple accounts on the Site, or to generate automatedsearches, requests, or queries to (or to strip, scrape, or mine data from) theSite (provided, however, that we conditionally grant to the operators of publicsearch engines revocable permission to use spiders to copy materials from theSite for the sole purpose of and solely to the extent necessary for creatingpublicly available searchable indices of the materials, but not caches orarchives of such materials, subject to the parameters set forth in ourrobots.txt file).3.4           Enforcement.  We reserve the right (but have no obligation) to review any UserContent, and to investigate and/or take appropriate action against you in oursole discretion if you violate the Acceptable Use Policy or any other provisionof these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content,terminating your Account in accordance with Section 8, and/or reporting you tolaw enforcement authorities.3.5           Feedback.  If you provide Company with any feedback orsuggestions regarding the Site (“Feedback”),you hereby assign to Company all rights in such Feedback and agree that Companyshall have the right to use and fully exploit such Feedback and relatedinformation in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidentialand non-proprietary.  You agree that youwill not submit to Company any information or ideas that you consider to beconfidential or proprietary.4.             Indemnification.   You agree toindemnify and hold Company (and its officers, employees, and agents) harmless,including costs and attorneys’ fees, from any claim or demand made by any thirdparty due to or arising out of (a) your use of the Site, (b) your violation ofthese Terms, (c) your violation of applicable laws or regulations or (d) yourUser Content.  Company reserves theright, at your expense, to assume the exclusive defense and control of anymatter for which you are required to indemnify us, and you agree to cooperatewith our defense of these claims.  Youagree not to settle any matter without the prior written consent of Company.  Company will use reasonable efforts to notifyyou of any such claim, action or proceeding upon becoming aware of it.5.             Third-PartyLinks & Ads; Other Users5.1           Third-Party Links & Ads.  The Site may contain links to third-party websites and services, and/ordisplay 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 responsiblefor any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as aconvenience to you, and does not review, approve, monitor, endorse, warrant, ormake any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads atyour own risk, and should apply a suitable level of caution and discretion indoing so. When you click on any of the Third-Party Links & Ads, theapplicable third party’s terms and policies apply, including the third party’sprivacy and data gathering practices. You should make whatever investigation you feel necessary or appropriatebefore proceeding with any transaction in connection with such Third-PartyLinks & Ads.5.2           Other Users.  Each Site user is solely responsible for any and all of its own UserContent.  Because we do not control UserContent, you acknowledge and agree that we are not responsible for any UserContent, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, orquality of any User Content.  Yourinteractions with other Site users are solely between you and such users.  You agree that Company will not beresponsible for any loss or damage incurred as the result of any suchinteractions.  If there is a disputebetween you and any Site user, we are under no obligation to become involved.5.3           Release. You hereby release and forever discharge theCompany (and our officers, employees, agents, successors, and assigns) from,and hereby waive and relinquish, each and every past, present and futuredispute, claim, controversy, demand, right, obligation, liability, action andcause 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 interactionswith, 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 THEFOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THECREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OFEXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLYAFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”6.             Disclaimers THE SITE IS PROVIDED ON AN“AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLYDISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS,IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT,ACCURACY, OR NON-INFRINGEMENT.  WE (ANDOUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILLBE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILLBE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL,OR SAFE.  IF APPLICABLE LAW REQUIRES ANYWARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED INDURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOTALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLYTO YOU.  SOME JURISDICTIONS DO NOT ALLOWLIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAYNOT APPLY TO YOU.   7.             Limitationon LiabilityTO THE MAXIMUM EXTENTPERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOUOR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OFSUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USEOF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.  ACCESS TO,AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELYRESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATARESULTING THEREFROM.  TO THE MAXIMUM EXTENTPERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT(FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL ATALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCEOF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NOLIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.SOME JURISDICTIONS DONOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIALDAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.   8.             Term andTermination.   Subject to this Section, these Terms will remain in full force andeffect while you use the Site.  We may suspend or terminate your rights touse the Site (including your Account) at any time forany reason at our sole discretion, including for any use of the Site in violation ofthese Terms. Upon termination of your rights under these Terms, your Account andright to access and use the Site will terminate immediately.  You understand that any termination of yourAccount may involve deletion of your User Content associated with your Accountfrom our live databases.  Company willnot have any liability whatsoever to you for any termination of your rights underthese Terms, including for termination of your Account or deletion of your UserContent.  Even after your rights underthese Terms are terminated, the following provisions of these Terms will remainin effect: Sections 2.2through 2.5,Section 3 andSections 4 through 10.9.             Copyright Policy. Company respects the intellectual property of others and asks thatusers of our Site do the same.  Inconnection with our Site, we have adopted and implemented a policy respectingcopyright law that provides for the removal of any infringing materials and forthe termination, in appropriate circumstances, of users of our online Site whoare repeat infringers of intellectual property rights, includingcopyrights.  If you believe that one ofour users is, through the use of our Site, unlawfully infringing thecopyright(s) in a work, and wish to have the allegedly infringing materialremoved, the following information in the form of a written notification(pursuant to 17 U.S.C. § 512(c)) must be provided to our designated CopyrightAgent: 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; sufficient     information to permit us to locate such material; 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; and a     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), anymisrepresentation of material fact (falsities) in a written notificationautomatically subjects the complaining party to liability for any damages,costs and attorney’s fees incurred by us in connection with the writtennotification and allegation of copyright infringement. *Please fill in the following fields once you haveregistered with the Copyright Office and delete the yellow highlighted text:*The designated Copyright Agent for Company is: _________ Designated Agent: _________Address of Agent: _________Telephone: _________Fax: _________Email: _________            10.           General10.1        Changes. These Terms are subject to occasional revision, and if we make any substantialchanges, we may notify you by sending you an e-mail to the last e-mail addressyou provided to us (if any), and/or by prominently posting notice of thechanges on our Site.  You are responsiblefor providing us with your most current e-mail address.  In the event that the last e-mail addressthat you have provided us is not valid, or for any reason is not capable ofdelivering to you the notice described above, our dispatch of the e-mailcontaining such notice will nonetheless constitute effective notice of thechanges described in the notice.  Anychanges to these Terms will be effective upon the earlier of thirty (30)calendar days following our dispatch of an e-mail notice to you (if applicable)or thirty (30) calendar days following our posting of notice of the changes onour Site.  These changes will beeffective immediately for new users of our Site.  Continued use of our Site following notice ofsuch changes shall indicate your acknowledgement of such changes and agreementto be bound by the terms and conditions of such changes.10.2        Dispute Resolution. Please read thisArbitration Agreement carefully.  It ispart of your contract with Company and affects your rights.  It contains procedures for MANDATORY BINDINGARBITRATION AND A CLASS ACTION WAIVER.(a)           Applicability of Arbitration Agreement.  All claims and disputes (excluding claims forinjunctive or other equitable relief as set forth below) in connection with theTerms or the use of any product or service provided by the Company that cannotbe resolved informally or in small claims court shall be resolved by bindingarbitration on an individual basis under the terms of this ArbitrationAgreement.  Unless otherwise agreed to,all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you andthe Company, and to any subsidiaries, affiliates, agents, employees,predecessors in interest, successors, and assigns, as well as all authorized orunauthorized users or beneficiaries of services or goods provided under the Terms.(b)           Notice Requirement and Informal Dispute Resolution.  Before either party mayseek arbitration, the party must first send to the other party a written Noticeof Dispute (“Notice”) describing thenature and basis of the claim or dispute, and the requested relief.  A Notice to the Company should be sent to: 773721st Ave NW Unit C, Seattle, Washington 98117. After the Notice is received, you and the Company may attempt to resolvethe claim or dispute informally.  If youand the Company do not resolve the claim or dispute within thirty (30) daysafter the Notice is received, either party may begin an arbitrationproceeding.  The amount of any settlementoffer made by any party may not be disclosed to the arbitrator until after thearbitrator has determined the amount of the award, if any, to which eitherparty is entitled.(c)            Arbitration Rules.  Arbitration shall be initiated through theAmerican Arbitration Association (“AAA”),an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in thissection.  If AAA is not available toarbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall governall aspects of the arbitration, including but not limited to the method ofinitiating and/or demanding arbitration, except to the extent such rules are inconflict with the Terms.  The AAAConsumer Arbitration Rules (“ArbitrationRules”) governing the arbitration are available online at or by calling the AAA at1-800-778-7879.  The arbitration shall beconducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought isless than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved throughbinding non-appearance-based arbitration, at the option of the party seekingrelief.  For claims or disputes where thetotal amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00)or more, the right to a hearing will be determined by the ArbitrationRules.  Any hearing will be held in alocation within 100 miles of your residence, unless you reside outside of theUnited States, and unless the parties agree otherwise.  If you reside outside of the U.S., thearbitrator shall give the parties reasonable notice of the date, time and placeof any oral hearings. Any judgment on the award rendered by the arbitrator maybe entered in any court of competent jurisdiction.  If the arbitrator grants you an award that isgreater than the last settlement offer that the Company made to you prior tothe initiation of arbitration, the Company will pay you the greater of theaward or $2,500.00.  Each party shall bearits own costs (including attorney’s fees) and disbursements arising out of thearbitration and shall pay an equal share of the fees and costs of the ADRProvider.(d)           Additional Rules for Non-Appearance Based Arbitration.  If non-appearance basedarbitration is elected, the arbitration shall be conducted by telephone, onlineand/or based solely on written submissions; the specific manner shall be chosenby the party initiating the arbitration. The arbitration shall not involve any personal appearance by the partiesor witnesses unless otherwise agreed by the parties.(e)            Time Limits.  If you or the Company pursue arbitration, thearbitration action must be initiated and/or demanded within the statute oflimitations (i.e., the legal deadline for filing a claim) and within anydeadline imposed under the AAA Rules for the pertinent claim.(f)            Authority of Arbitrator.  If arbitration is initiated, the arbitratorwill decide the rights and liabilities, if any, of you and the Company, and thedispute will not be consolidated with any other matters or joined with anyother cases or parties.  The arbitratorshall have the authority to grant motions dispositive of all or part of anyclaim.  The arbitrator shall have theauthority to award monetary damages, and to grant any non-monetary remedy orrelief available to an individual under applicable law, the AAA Rules, and theTerms.  The arbitrator shall issue awritten award and statement of decision describing the essential findings and conclusionson which the award is based, including the calculation of any damagesawarded.  The arbitrator has the sameauthority to award relief on an individual basis that a judge in a court of lawwould have.  The award of the arbitratoris final and binding upon you and the Company.(g)           Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONALAND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR AJURY, instead electing that all claims and disputes shall be resolved byarbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient andless costly than rules applicable in a court and are subject to very limitedreview by a court.  In the event anylitigation should arise between you and the Company in any state or federalcourt in a suit to vacate or enforce an arbitration award or otherwise, YOU ANDTHE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the disputebe resolved by a judge.(h)           Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OFTHIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUALBASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USERCANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANYOTHER CUSTOMER OR USER.  (i)            Confidentiality.  All aspects of the arbitration proceeding,including but not limited to the award of the arbitrator and compliancetherewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise requiredby law.  This paragraph shall not preventa party from submitting to a court of law any information necessary to enforcethis Agreement, to enforce an arbitration award, or to seek injunctive orequitable relief.(j)            Severability.  If any part or parts of this ArbitrationAgreement are found under the law to be invalid or unenforceable by a court ofcompetent jurisdiction, then such specific part or parts shall be of no forceand effect and shall be severed and the remainder of the Agreement shall continuein full force and effect.(k)           Right to Waive.  Any or all of the rights and limitations setforth in this Arbitration Agreement may be waived by the party against whom theclaim is asserted.  Such waiver shall notwaive or affect any other portion of this Arbitration Agreement.(l)            Survival of Agreement.  This Arbitration Agreement will survive thetermination of your relationship with Company. (m)          Small Claims Court.  Notwithstanding the foregoing, either you orthe Company may bring an individual action in small claims court.(n)           Emergency Equitable Relief.  Notwithstanding the foregoing, either partymay seek emergency equitable relief before a state or federal court in order tomaintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any otherrights or obligations under this Arbitration Agreement.(o)           Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims ofdefamation, violation of the Computer Fraud and Abuse Act, and infringement ormisappropriation of the other party’s patent, copyright, trademark or tradesecrets shall not be subject to this Arbitration Agreement.(p)           Courts. In any circumstances where the foregoing Arbitration Agreement permitsthe parties to litigate in court, the parties hereby agree to submit to thepersonal jurisdiction of the courts located within King County, Washington, forsuch purpose 10.3        Export. The Site may be subject to U.S.export control laws and may be subject to export or import regulations in othercountries. You agree not to export, reexport, or transfer, directly orindirectly, any U.S. technical data acquired from Company, or any products utilizingsuch data, in violation of the United States export laws 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 ComplaintAssistance Unit of the Division of Consumer Product of the CaliforniaDepartment 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 useelectronic means, whether you use the Site or send us emails, or whether Companyposts notices on the Site or communicates with you via email. For contractualpurposes, you (a) consent to receive communications from Company in anelectronic form; and (b) agree that all terms and conditions, agreements,notices, disclosures, and other communications that Company provides to youelectronically satisfy any legal requirement that such communications wouldsatisfy if it were be in a hardcopy writing. The foregoing does not affect yournon-waivable rights.10.6        Entire Terms. These Terms constitute the entireagreement between you and us regarding the use of the Site. Our failure toexercise or enforce any right or provision of these Terms shall not operate asa waiver of such right or provision. The section titles in these Terms are forconvenience only and have no legal or contractual effect. The word “including”means “including without limitation”.  Ifany provision of these Terms is, for any reason, held to be invalid orunenforceable, the other provisions of these Terms will be unimpaired and theinvalid or unenforceable provision will be deemed modified so that it is validand enforceable to the maximum extent permitted by law.  Your relationship to Company is that of anindependent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligationsherein, may not be assigned, subcontracted, delegated, or otherwise transferredby you without Company’s prior written consent, and any attempted assignment,subcontract, delegation, or transfer in violation of the foregoing will be nulland void.  Company may freely assign theseTerms.  The terms and conditions setforth in these Terms shall be binding upon assignees. 10.7        Copyright/TrademarkInformation.  Copyright © 20___ Scribe Automation Corporation. Allrights reserved.  All trademarks, logos and servicemarks (“Marks”) displayed on the Site are our property or the propertyof other third parties. You are not permitted to use these Marks without ourprior written consent or the consent of such third party which may own theMarks.10.8        Contact Information:Scribe Website MasterAddress: 7737 21st Ave NW Unit CSeattle, Washington 98117Telephone: (617) 830-1039Email:
  *                *                * Information about DMCA Safe Harbor: The Copyright Policy section (Section 9 above) has beenincluded because you indicated that includes usercontent.  We recommend you take advantageof the DMCA safe harbor. The DMCA provides certain “safe harbor” provisions that insulate onlineservice providers (OSP) from liability for copyright infringement forinfringing activities of its end users. In addition to meeting the requirementsfor each safe harbor exemption, an OSP must comply with the following toqualify for the safe harbor protection under the DMCA: (a) Give notice to itsusers of its policies regarding copyright infringement and the consequences ofrepeated infringing activity. (b) Follow proper notice and takedownprocedures.  Once a copyright ownerprovides proper notice of allegedly infringing material to the OSP, or the OSPdiscovers such material itself, the OSP must remove, or disable access to, thematerial; provide notice thereafter to the individual responsible for suchmaterial; provide such individual with an opportunity to provide proper“counter-notice;” and comply with applicable procedures thereafter. (c) Designatean agent to receive notices of infringement from copyright owners (and providethe Copyright Office with contact information for such agent and make suchinformation available on its website). See: for the applicable forms andmore information. Delete this yellow highlighted text before using.