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Arbitration, Class-Action Waiver, and Jury Waiver.



Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:

A. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

B. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

C. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Kazan, Tatarstan Republic. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

D. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

E. The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Live me chat does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.

Governing Law.

For users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Tatarstan Republic, Russia, excluding Tatarstan’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Service.

Venue.

Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, and except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in Kazan, Russia, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Live me chat that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Kazan, Tatarstan Republic, Russia.

Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Live me chat, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

Entire Agreement; Other.

This Agreement, with the Privacy Policy, the Safety Tips and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Live me chat regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Live me chat account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Live me chat in any manner.

 


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