ScriptHop LLC
Version Date: January 10th, 2022
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE
These Terms of Use (these "Terms") constitute a legal agreement between you and ScriptHop LLC ("ScriptHop," "us," "our," or "we") in respect of your use of the ScriptHop website (the "Site" and collectively with the services provided through the website, the "Services").
BY ACCESSING THE SERVICES OR CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU AGREE TO THESE TERMS. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES AND YOU MUST PROMPTLY CEASE USING THEM. WE MAY IMMEDIATELY TERMINATE THESE TERMS, THE SERVICES, OR GENERALLY CEASE OFFERING OR DENY ACCESS TO THE SERVICES OR ANY PORTION THEREOF, AT ANY TIME FOR ANY REASON.
By agreeing to these Terms, you expressly agree to the arbitration of all Disputes (as defined below) as further described in this paragraph and in Section 18.2 below. Any controversy, allegation, or claim that arises out of or relates to the Services, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a "Dispute"), except for any controversy, allegation, or claim that arises out of or relates to our actual or alleged intellectual property rights (an "Excluded Dispute"), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. In the event this prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the foregoing arbitration provisions will remain in force.
These Terms apply to the Services including any updates or supplements to the Services, unless they come with separate terms, in which case those terms apply. We may change these Terms at any time and will notify you of a material change when you next start the Services (we may also email you about any material changes to these Terms). The new terms may be displayed on-screen and you may be required to agree to them to continue your use of the Services. The date these Terms were last updated appears at the bottom of these Terms.
From time-to-time we may issue updates to the Services. Depending on the update, you may not be able to use the Services until you have downloaded and installed the latest version of the Services and accepted any new terms. Some updates may not be available to certain device models. In order to use the Services, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that (a) the device you use to access the Services will require certain software in order for the Services to work correctly and it is your responsibility to ensure that you have the required up-to-date software, (b) the Services has not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the functionality of the Services meets your requirements, and (c) you are responsible for obtaining the data network access, and the required device necessary (including any associated costs or fees) to use the Services and any updates thereto. ScriptHop does not guarantee the Services will function on any particular network or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Access to the Services may be suspended temporarily and without notice (i) in the case of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.
Subject to your compliance with all of these Terms, we grant you a non-transferable, non-sublicenseable, non-exclusive, revocable, limited license (i.e. permission) to use the Services solely for your personal, non-commercial purposes. We reserve all other rights, which are not granted in these Terms.
In order to use most aspects of the Services, you must register for and maintain an active personal user account ("Account"). You must be at least 16 years of age to register for an Account. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services. You are solely responsible for all usage or activity on your Account including, but not limited to, use of the Account by any person who uses your Account, with or without authorization, or who has access to any computer on which your Account resides or is accessible.
Except as explained in these Terms or as permitted by any applicable local law, you shall not (and shall not permit any third-party to): (a) copy the Services except where such copying is incidental to normal use of the Services, or where it is necessary for the purpose of back-up, (b) rent, lease, sub-license (i.e. grant anyone else the permission to use the Services), loan, translate, merge, adapt, republish, post, display, distribute, vary or modify the Services (or any part of it), (c) nor attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services, (d) remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices, or (e) provide, sell, or otherwise make available the Services in whole or in part in any form to any person without our prior written consent.
You must not use (or permit a third-party to use) the Services: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services or any operating system used by the Services, (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users, (iii) to collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services, (iv) via use of a robot, spider, or other automated device to monitor or copy the Services or any information provided by the Services, (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and ScriptHop has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.
You are solely responsible for keeping your password and any other authentication information confidential, and agree to be responsible for all activities that occur under your Account or password. You may share an Account with a limited number of partners, however, you must not disclose your password to anyone else or allow anyone else access to your Account. If you know or suspect that anyone other than you, or where applicable your partner(s), knows your password or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorized use of the Services. If you share an Account with a partner, you agree that you are joint and severally liable for any activity on your shared Account.
We have the right to disable any password, or other authentication information whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
You promise to us that (a) you are authorized to agree to these Terms, (b) you are not located in a country subject to a United States government embargo, nor are you located in a country that has been designated by the United States government as a "terrorist supporting" country, (c) you are not listed on any United States government list or prohibited or restricted parties, (d) you assume the risk of any information submitted by you, and (e) you will not disclose nor allow to be disclosed by any means any confidential information belonging to us that you become aware of.
While payments are not required to access some portions of our Services, if you choose to purchase our subscription Services from us (e.g., ScriptHop Plus), you agree that, with your authorization, we may charge your credit card, or other chosen payment method, and you understand that, all payments must be in U.S. dollars. Your subscription will continue and automatically renew until terminated. To use the subscription Services, you must provide us with a current, valid, accepted method of payment. We, or our third party payment processor, accept the following credit cards at this time: Visa, MasterCard, American Express, Japan Credit Bureau (JCB), Discover, China UnionPay (CUP), and Diners (subject to change as needed at our sole discretion). Subscribers can update their payment methods through their Account. We may also update your payment methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable payment method(s).
All subscription prices are displayed on the Site, subject to change from time-to-time, and are quoted in U.S. Dollars. The subscription fee for the applicable Services and any other charges you may incur in connection with your use of the subscription, such as taxes and possible transaction fees, will be charged to your selected payment method on the date indicated in your account page. If a payment is not successfully settled—for example, due to expiration of a credit card, insufficient funds, or otherwise—we may suspend the subscription until we have successfully charged a valid payment method. You remain responsible for any uncollected amounts. For some payment methods, the issuer may charge you certain fees relating to the processing of your payment method. Check with your payment method service provider for details. You acknowledge and agree that you are responsible for all fees associated with your chosen method of payment, such as foreign transaction fees, overdraft fees, or other fees relating to the processing of your payment.
We reserve the right to change our subscription plan or adjust pricing for the subscription Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription will take effect following notice to you.
You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle. To cancel your subscription, you must either log-in to your Account and change your payment plan to "Basic" or delete your Account by logging-in to your Account, selecting "Delete Account" and following the prompts.
All sales and other payments are final, and we do not guarantee the content, accessibility, or duration of a particular script.
ScriptHop uses authorized third-parties for the purpose of processing your transactions, including fraud prevention and credit card authorization. By submitting your credit card to us, or bank account information to your lending institution, you grant us the right to store and process your information with such third-parties. You agree that ScriptHop will not be responsible for any failures of such third-parties to adequately protect your information. See also Third-Party Sites and Services below.
Whenever you make use of a feature that allows you to upload any content such as any text (e.g., scripts, treatments), audio, video, or other content via the Services ("User Content"), or to share any User Content with other users of the Services, you promise that any such User Content: (a) will not be overly defamatory, obscene, offensive or otherwise objectionable (i.e., to the extent outside of an acceptable artistic license), (b) will not infringe the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third-party, (c) will comply with applicable laws (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, and (j) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
ScriptHop does not take any ownership in your User Content (excluding Feedback as defined below). However, when you upload any User Content (excluding Feedback as defined below) to the Site, you grant us a non-exclusive, revocable, limited license, or sublicense as may be applicable, to use such User Content as part of our Services. You upload User Content at your own risk and you agree that ScriptHop is not responsible or liable to you or any other person or entity, for any third-party misuse or violation of your, or any other person's or entity's intellectual property.
The Services may include content provided by third-parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by ScriptHop, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ScriptHop. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.
Any feedback or suggestions you provide to us regarding the Services ("Feedback"), you acknowledge and agree that: (i) such Feedback will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Services or otherwise to third-parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Feedback, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Feedback under any circumstances.
ScriptHop complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended).
If you have any complaints or objections to material posted on the Site you may contact our designated agent at the following address:
Email: support@scripthop.com
Any notice alleging that materials hosted by or distributed through the Site infringes intellectual property rights must include the following information:
YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR SAVING OR OTHERWISE BACKING-UP ANY DATA WITHIN THE SERVICES, AND (AS DETAILED BELOW) SCRIPTHOP IS NOT RESPONSIBLE FOR ANY LOSS OF DATA.
These Terms also incorporate the terms of our privacy policy (as updated from time-to-time), which is available from within the Site and at https://www.scripthop.com/Home/privacyPolicy (the "Privacy Policy"). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings). By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (a) the processing of your personal information as explained in the Privacy Policy and (b) the collection of information from your device as explained in the Privacy Policy.
By agreeing to these Terms or using the Services, you agree to receive communications from us, including via email, calls, and push notifications. Communications from us may include responses to your inquiries, or operational communications concerning your Account or use of the Services, including marketing purposes. If you no longer want to receive our newsletter, emails or other marketing communications, you may unsubscribe at any time by following the "unsubscribe" link at the bottom of our emails, by accessing the email preferences in your account settings page, or by writing to us as detailed below. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your Account or orders placed through the Site.
You can delete your Account at any time by either logging-in to your Account, selecting "Delete Account" and following the prompts, or contacting us using the contact details below. You acknowledge that deleting your Account alone deletes your information from the Services servers, including most User Content connected to your Account. However, certain information stored by third party service providers that we use to provide the Services, such as payment transaction history, may not be deleted).
You acknowledge that all intellectual property rights in the Services, whether registered or unregistered, including but not limited to rights in graphics, logos, "look and feel," trade dress, structure, organization, code, and all content in the Services (excluding User Content other than Feedback) and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of ScriptHop or our licensors, protected by United States and foreign intellectual property laws. You acknowledge that rights in the Services are licensed (not sold) to you, and that you have no rights in, or to, the Services other than limited license granted in Section 2 above. Any use of our intellectual property beyond the scope of this license is prohibited.
You should assume that everything you see or read on the Services is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of ScriptHop or our licensors. When accessing the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
In the event that anyone brings a claim that the Services or any part of it, or your possession and/or use, infringes a third-party's intellectual property rights, we shall be responsible for the investigation, defense, settlement and discharge of any such claim.
You also agree not to use any non-public technical, financial, or strategic information and other proprietary and confidential information relating to our business, operations and properties (collectively, "Confidential Information"), disclosed to you by ScriptHop for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any such Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of Confidential Information.
The Services may contain links to or allow you to share content directly with other third-party services ("Third-party Services"). You acknowledge that we have no control over Third-party Services and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content or other material contained in Third-party Services and we have no association with their operators. Your use of Third-party Services will be governed by their terms and conditions and privacy policies (if any) ("Third-party Terms"). It is your responsibility to read and comply with Third-party Terms.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
To the extent permitted by law, you agree to indemnify, defend and hold us and our affiliates, and their respective business partners, officers, directors, employees and agents (the "Indemnified Parties") harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and costs), arising out of or in connection with: (a) your use of the Services; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third-party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties. We will not be responsible, or liable to any third-party, for any User Content submitted by you or any other user of the Services, or for any infringement of third-party intellectual property rights resulting from your use of the Services.
WE PROVIDE THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content in the Services is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations and other terms, which may apply to the Services, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of third parties with respect to the Services and all information and content included on the Services. No information or advice obtained through the Services, or any affirmation by us, by words or actions, shall constitute a warranty.
We only supply the Services for personal and private use. You agree not to use the Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICES OR THESE TERMS, HOWSOEVER ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SCRIPTHOP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for dissatisfaction with the Services is to stop using the Services. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Services or any links on the Services, as well as by reason of any information or advice received through or advertised in connection with the Services or any links on the Services. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Services.
In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties' liability arising in connection with the Services or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances the greater of: (i) the total amount paid for the subscription Services in the preceding 30 days, or (ii) one hundred dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Services must be brought to us and must be brought within one year after such claim or cause of action arises or be forever barred.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SCRIPTHOP'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON SCRIPTHOP'S CHOICE OF LAW PROVISION SET FORTH BELOW.
We may terminate these Terms, deactivate your Account, and/or your permission to use the Services immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) we discontinue the Services, or (c) we are prevented from providing the Services for any reason.
Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of the Services and/or your access to it at any time with or without notice to you: (i) if required by law or (ii) due to an event beyond our control.
On termination of these Terms for any reason: (x) all rights granted to you under these Terms will cease immediately, (y) you must immediately cease all activities authorized by these Terms (including your use of the Services), and (z) you acknowledge that we may restrict your access to the Services and/or remove it from your device. Sections 5, , 7, 9-10 and 13-16, 18-19 will survive any termination or expiration of these Terms.
If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by email or by prepaid post using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.
18.1. Governing Law; Jurisdiction. These Terms are governed by Oregon law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and ScriptHop agree that, except as otherwise provided below, the state and federal courts located in the County of Multnomah, Oregon will have exclusive jurisdiction of all Disputes arising out of or related to these Terms or your use of the Services and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, ScriptHop shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
18.2. Binding Arbitration.
18.2.(a) Procedures. You and ScriptHop agree that, except as provided in Section (d) below, all Disputes, (each a "Claim"), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the "JAMS Rules") and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 18 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.
Except as otherwise set forth in Section (d) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and ScriptHop will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and ScriptHop may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator, and (b) the arbitrator's decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
18.2.(b) Location. The arbitration will take place in Portland, Oregon unless the parties agree to video, phone or internet connection appearances.
18.2.(c) Limitations. You and ScriptHop agree that any arbitration shall be limited to the Claim between ScriptHop and you individually. YOU AND SCRIPTHOP AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
18.2.(d) Exceptions to Arbitration. You and ScriptHop agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Excluded Dispute, (b) any Claim related to, or arising from, allegations of theft, piracy, or unauthorized use, and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.
18.2.(e) Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
18.2.(f) Severability. You and ScriptHop agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section (d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section (d) is found to be illegal or unenforceable then neither you nor ScriptHop will elect to arbitrate any Claim falling within that portion of Section (d) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Multnomah, Oregon, and you and ScriptHop agree to submit to the personal jurisdiction of that court.
We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, such provisions shall be enforced to the maximum extent permitted by law, and the remaining conditions will remain in full force and effect. Other than as expressly set out in these Terms, no one other than you and us is intended to have any right or ability to enforce any of the provisions of these Terms.
You acknowledge and agree that ScriptHop would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent. Such consent may be withheld in our sole discretion, and any purported assignment without such consent shall be null and void. We may assign this agreement to any party without notice thereof to you.
These Terms were last updated on January 10th, 2022.
ScriptHop LLC
5440 SW Westgate Drive, Suite 250
Portland, OR 97221
info@scripthop.com
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