MINTAL

Last Updated: January 20th, 2022

WELCOME

Welcome to the Mintal website of HiClub, Inc. (“ HiClub ”, “ we ”, or “ us ”). HiClub is a company registered in Tokyo, Japan, with its address at Roppongi Hills Mori Tower 39F, Roppongi 6-10-1, Minato-ku, Tokyo 106-6139. HiClub operates services, which we make available through applications available for download on your device, including without limitation the Mintal Deep Sleep and Mintal Sleep Tracker applications ( collectively, the " Service ").

YOUR RELATIONSHIP WITH US
1. This document and any documents referred to within it (collectively, the " Terms of Service ") explain the terms by which you may use the Service.
2. Please read these Terms of Service carefully to ensure that you understand them before you use the Service.
3. By accessing or using the Service, you signify that you have read and understood, and agree to be bound by these Terms of Service and to the collection and use of your information as set forth in our Privacy Notice.
4. This is a contract between you and us. You must read and agree to these terms before using the Service. You may use the Service only if you can form a binding contract with us, and only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. You must be 13 years or older and capable in your country of residence of entering into a legally binding agreement to use the Service. If you do not agree to these Terms of Service, please do not use the Service. These Terms of Service apply to all visitors, users, and others who register for or otherwise access the Service (“Users”). The Service is not available to any Users previously removed from the Service by us.
5. Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms of Service by reference. These additional terms may include the Mintal Sleep Terms of Service Agreement ( link ) with respect to the Mintal Sleep application and the Mintal Sleep Tracker Terms of Service Agreement ( link ) with respect to the Mintal Sleep Tracker application (as applicable).
YOUR RIGHT TO USE THE SERVICE
1. Subject to the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service in accordance with these Terms of Service. We reserve all rights not expressly granted herein in the Service and the HiClub Content (as defined below). We may terminate this license at any time for any reason or no reason. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Service, is void.
2. Your right to use the Service, and any content that we make available through the Service, is personal to you and you are not allowed to give this right to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.
3. Unless allowed by these Terms of Service and as permitted by the functionality of the Service, you agree:
  1. not to copy, distribute, or disclose any part of the Service, any portion of the Service or content available through the Service, in any medium;
  2. not to give or sell or otherwise make available the Service, any portion of the Service or content available through the Service to anybody else;
  3. not to change the Service or any portion of the Service or content available through the Service in any way;
  4. not to look for or access the code of the Service or any portion of the Service that we have not expressly published publicly for general use.
4. You agree that all confidential information, copyright and other intellectual property rights in the Service belong to us or the people who have licensed those rights to us.
5. You agree that you have no rights in or to the Service other than the right to use them in accordance with these Terms of Service.
6. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.
7. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users, or for any User’s action or inaction.

RULES OF ACCEPTABLE USE
1. When using the Service, you must not:
  1. copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping ”;
  2. attempt to circumvent, disable, compromise or otherwise interfere with any security related features of the Service;
  3. permit another person to use the Service on your behalf unless such person is authorized by you;
  4. use the Service if we have suspended or banned you from using it;
  5. advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
  6. modify, interfere, intercept, disrupt or hack the Service;
  7. misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service's own equipment;
  8. collect any data from the Service other than in accordance with these Terms of Service;
  9. transmit spam, chain letters, or other unsolicited email;
  10. submit or contribute any information or commentary about another person without that person's permission;
  11. use the Service for any commercial solicitation purposes;
  12. threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
  13. use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Service in a manner that send more request messages to the Service than a human can reasonably produce in the same period of time; or
  14. bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
2. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
  1. immediate, temporary or permanent withdrawal of your right to use our Service;
  2. issuing of a warning to you;
  3. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or
  4. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
3. The responses described in Section D are not limited, and we may take any other action we reasonably deem appropriate.
HEALTH RELATED INFORMATION

The information contained in the Service is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Service (including, but not limited to, information that may be provided on the Service about the benefits of personalized beauty sleep ) for diagnosing or treating a health problem or disease, or prescribing any medication or medical products. Information and statements regarding the Service, have not been evaluated by a medical board and are not intended to diagnose, treat, cure, or prevent any disease.

OUR PROPRIETARY RIGHTS
1. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “ HiClub Content”), and all intellectual property rights related thereto, are the exclusive property of HiClub and its licensors. Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any HiClub Content. Use of the HiClub Content for any purpose not expressly permitted by these Terms of Service is strictly prohibited.
2. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by its employees, or obtained from sources other than you.
PAYMENT
1. Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to our Pricing Terms, as we may update them from time to time. HiClub may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our Pricing Terms shall become effective in the billing cycle following notice of such change to you as provided in this Terms of Service.
2. Cancelling the Service; No Refunds. You may cancel your User account at any time; however, there are no refunds for cancellation. In the event that HiClub suspends or terminates your User account or this Terms of Service for your breach of this Terms of Service, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your User account, or for anything else.
3. Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
4. Subscription Products
  1. Subscription Services; Subscription Fees. HiClub may make certain portions of the Service available on an automatically renewing subscription basis, such as Sleep Reports Backup (“the “Subscription Service”) for recurring fees (“Subscription Fees”). For the most current information about our Subscription Fees, please review our Pricing Terms, which are incorporated by reference herein. We may make any available Service on a subscription basis, discontinue subscriptions for a Subscription Service, or add or amend the Subscription Fees at our sole discretion. When we add or amend the Subscription Fees, we will update our Pricing Terms. Any change to our Subscription and Pricing Terms shall become effective in the Subscription Term (as defined below) following notice of such change to you as provided in this Terms of Service; provided however, that if we have offered a specific duration and Subscription Fees for your use of the Subscription Service, we agree that the Subscription Fees will remain in force for that duration. YOUR SUBSCRIPTION TO THE SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW AT THE END OF YOUR SUBSCRIPTION TERM IDENTIFIED IN YOUR ORDER FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION TERM (EACH A “ SUBSCRIPTION TERM ”) UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION SERVICES IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN SECTION 4(c) OF THIS TERMS OF SERVICE.
  2. Automatic Billing and Policies. When you purchase a Subscription Service, you expressly acknowledge and agree that: (1) HiClub and/or its third-party payment processors are authorized to charge you at the beginning of each Subscription Term the Subscription Fees for your Subscription Service identified when you sign-up, any applicable taxes, and any other charges you may incur in connection with your purchase and use of the Subscription Service, subject to adjustment in accordance with the terms and conditions of this Terms of Service, for as long as your subscription continues; and (2) your subscription is continuous until you cancel it or the Subscription Service or your subscription to the Subscription Service is suspended, discontinued or terminated in accordance with this Terms of Service. You acknowledge and agree that the amount billed may vary due to promotional offers, changes in the Subscription Fees for Subscription in accordance with Section 4(a), and changes in applicable taxes, and you authorize us to charge your payment method for the changed amounts.
  3. Cancellation Procedure. To cancel your subscription to the Subscription Service, you must notify us at least three (3) days before the start of the next Subscription Term using the appropriate functionalities of the Service or by contacting us at trackerhiclub@gmail.com . You will continue to receive your Subscription Service through the end of your billing period.
  4. Cancellation and Missed Payments Penalty. You may cancel your subscription to the Subscription Services at your sole discretion; however, HiClub grants refunds for cancellation at its sole discretion and you acknowledge and agree that you may not be refunded any Subscription Fees for your cancellation of your subscription to the Subscription Services, including without limitation, for any unused time with your Subscription Services. IN THE EVENT THAT: (A) HICLUB SUSPENDS OR TERMINATES YOUR SUBSCRIPTION TO THE SUBSCRIPTION SERVICES, YOUR USER ACCOUNT OR THIS AGREEMENT FOR YOUR BREACH OF THIS TERMS OF SERVICE; OR (B) YOU CANCEL YOUR SUBSCRIPTION TO THE SUBSCRIPTION PRODUCTS, YOU UNDERSTAND AND AGREE THAT YOU SHALL RECEIVE NO REFUND FOR ANY UNUSED TIME ON YOUR SUBSCRIPTION OR ANY PRE-PAYMENTS MADE FOR YOUR SUBSCRIPTION PRODUCTS.
5. Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“ HiClub Offers”). Offer eligibility is determined by HiClub at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. We may use information such as device ID, method of payment or an account log in information used with an existing or recent subscription to determine HiClub Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the HiClub offer or in other communications made available to you. You acknowledge and agree that any offers made available through the Service, including without limitation offers for the Subscription Services, are subject to change at any time and from time to time.
6. California Residents. The provider of services is set forth in this Terms of Service. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

ENDING OUR RELATIONSHIP
1. If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
2. We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or any other terms and conditions we set for accessing and using the Service including these Terms of Service.
3. We may also withdraw the Service as long as we give you reasonable notice that we plan to do this.
4. If you or we end your use of the Service or we withdraw the Service as described in this Section G, we may delete information we hold about you. You will also lose any rights you have to use the Service or access HiClub Content. We will not offer you compensation for any losses.
5. The termination of your use of the Service and shall not affect any of your obligations to pay any sums due to us.
6. Nothing in this Section H affects any legal rights you may have under the law of the country in which you reside.

PRIVACY AND SECURITY
1. We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Notice , and to have your personally identifiable information collected, used, transferred to and processed in the United States.
2. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
OUR LIABILITY / RESPONSIBILITY TO YOU
1. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HICLUB OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, HICLUB, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE HICLUB CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
2. HICLUB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND HICLUB WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HICLUB, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL HICLUB BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HICLUB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL HICLUB, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO HICLUB HEREUNDER OR $100.00, WHICHEVER IS GREATER.
5. THIS LIMITATION OF LIABILITY SECTION J APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HICLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
6. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS TERMS OF SERVICE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS TERMS OF SERVICE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
RESOLVING DISPUTES
1. If you have a dispute with us relating to the Service, in the first instance please contact us at trackerhiclub@gmail.com and attempt to resolve the dispute with us informally.
2. In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute, pursuant to Section P.
INDEMNITY
1. You agree to defend, indemnify and hold harmless HiClub and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your gross negligence, fraud or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
UPDATES
1. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Service.
2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service ("Changes to the Service"). These Changes to the Service may affect your past activities on the Service and features that you use ("Service Elements"). Any changes to the Service could involve your Service Elements being deleted or reset. You agree that the terms and conditions of these Terms of Service will apply to all such Changes to the Service.
3. You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service.
THIRD-PARTY LINKS AND INFORMATION
1. The Service may display, include, make available or contain links to third party content, including data, information, applications, software, products, services or other materials that are not owned or controlled by us ("Third-Party Content"). Your use of this Third-Party Content may be subject to additional terms and conditions imposed by that third party. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms of Service and our Privacy Notice do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content, including without limitation content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
CHANGES TO THE DOCUMENTS
1. We may, in our sole discretion, modify, update, or revise these Terms of Service from time to time but the most current version will always be available on the then-current website for the Service. When we change these Terms of Service in a material manner, we will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to these Terms of Service. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
2. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
3. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice. We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Service. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
DOCUMENTS THAT APPLY TO OUR RELATIONSHIP WITH YOU
1. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you.
2. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
3. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
LAW

The Terms of Service shall be governed by the laws of California without regard to conflict of laws principles. Any and all disputes arising out of or in connection with the Terms of Service shall be submitted to the exclusive jurisdiction of California in the first instance. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

READ THIS SECTION P CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HICLUB. For any dispute with HiClub, you agree to first contact us at trackerhiclub@gmail.com and attempt to resolve the dispute with us informally. In the unlikely event that HiClub has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “ Claims ”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and HiClub agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section Q shall be deemed as preventing HiClub from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

WITH RESPECT TO ALL PERSONS AND ENTITIES,REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION,COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND HICLUB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

ENTIRE AGREEMENT/SEVERABILITY/Waiver

These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and us concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attem pted transfer or assignm ent in violation hereof shall be null and void.

NO WAIVER

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Consent to electronic communications; contact

By using the Service, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. Please contact us at trackerhiclub@gmail.com with any questions regarding these Terms of Service.