iVertical Payment Network Terms of Service
Last Modified: April 27, 2021
These terms of service (“Terms of Service”) are an agreement (“Agreement”) by and between the person named in the online account registration (“you”, “your”, or “yours”) for the use of the services offered or marketed by iVertical Payment Network, LLC sometimes referred to herein as “IVPN”, “iDigital Gift” or the “Company”), its affiliates, its subsidiaries, successors or its assignees (“we”, “us”, “our”, “ours”), and shall govern your registration and use of the Application, and shall apply at such other domain names used by IVPN on which it may offer its Application and services as described herein. By registering to use this service, you agree to be bound by these Terms of Service and you acknowledge that you have read, understand, and agree to abide by these Terms of Service. You agree that you are intending to form a legally binding contract between yourself and IVPN. You represent and warrant that you are eligible to access the Application and are authorized and able to accept these Terms of Service. You represent that you are of legal age and are physically located in a jurisdiction where it is legal for you to use this Application. Any rights not expressly granted herein are reserved by IVPN. These Terms of Service are binding between you, the registered User and IVPN, and may change at any time without notice to you by posting of revised Terms of Service with the date of revision and modification noted. Your continued use of the Application, following such revised changes, constitutes your affirmative consent to the changes. If you do not agree to the revised changes, your sole remedy is to cease using the Application.
IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE SERVICE.
1. Defined Terms
For the purpose of these Terms of Service:
a. “Application” and “IVPN” mean all of the services offered on the merchant- branded iDigital Gift application, including, without limitation, all technology, processes and materials used to provide such services;
b. “Funds” means United States currency.
c. “iDigital Gift”, “we” and “us” means iVertical Payment Network, LLC, including its agents, contractors and any parties involved in creating, producing or delivering this Application;
d. “iDigital Gift” means the offering by a specified merchant in a given jurisdiction;
e. “Personal Information” means information about a natural person that is readily identifiable to that specific individual. Personal Information includes, among other information, an individual’s name, address, telephone number, date of birth, email, password and any other information used to identify you on this Application. A domain name or Internet protocol address is not considered Personal Information;
f. “User” means any person that opens and maintains a IVPN account on this Application;
g. “You” and “Your” means each person, group of individuals, entity or entities who visit this Application for any purpose.
2. User Agreement
By accessing the Application, creating an account via the Application (a “IVPN Account”), or clicking to accept or agree to these Terms of Service when this option is made available to you, you hereby (i) acknowledge that you have read and agree to be bound to and abide by these Terms of Service, the Agreement created hereby, and (ii) represent and warrant that you are eligible to access the IVPN Application and are authorized and able to accept these Terms of Service and enter into the Agreement created hereunder. If you do not wish to be bound by these Terms of Service, you must not access or use the Application. By declining to accept these Terms of Service, you will be unable to create a IVPN Account or access or use the Application. We reserve the right to change these Terms of Service at any time without prior notice to you. If we make what we determine to be material changes to these Terms of Service, we will notify you by promptly posting a notice or by sending a notice to the email address on file. It is your obligation to provide us with notice of any change to your email address by sending us notice immediately to ContactUs@ivpnet.com. Your continued use of the Application, following such material changes, constitutes your affirmative consent to the changes. If you do not agree to the changes, your sole remedy is to cease using the Application and provide written notice of same to ContactUs@ivpnet.com. We will automatically deactivate your IVPN account, as detailed in these Terms of Service, unless you instruct us otherwise. You are expected to check this page each time you access the Application, so you are aware of any changes as they are binding on you.
In order to create an IVPN Account, you must at the time of registration:
a. be at least 18 years of age;
b. not be a person barred from using the Application or a similar electronic fund service under the laws of any jurisdiction or the United States;
c. at all times abide by these Terms of Service as set forth herein;
d. provide accurate and complete personal information where requested, including bank account information, and
e. comply with all applicable legal requirements.
If you do not meet all of these requirements, you must not access or use the Application. IVPN reserves the right to verify your age, identity and eligibility at any time. Any failure to cooperate with IVPN in this respect may result in the suspension and/or termination of your IVPN Account. Eligibility determinations are made by IVPN in its sole discretion. In the event of IVPN Account suspension, IVPN may, in its sole discretion, restrict all IVPN account functionality including, but not limited to, deposits and withdrawals. IVPN may also restrict any person or entity found to be using or attempting to be using the Application fraudulently or with intent to commit fraud, disrupt the Application or create harm to IVPN, its Users, or any third party. By accessing or using the Application, you represent and warrant that you have the right, authority and capacity to enter into this agreement, to abide by all of these Terms of Service and that you are not prohibited or restricted from accessing or using the Application. The Company makes no representations or warranties, implicit or explicit, as to your legal right to access or use the Application and no person affiliated, or claiming affiliation, with IVPN shall have authority to make any such representations or warranties. We do not intend for the Application to be used by persons present in jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the Application does not constitute an offer, solicitation or invitation by IVPN for the use of the Application in any jurisdiction in which such activities are prohibited or restricted. IVPN reserves the right to deny access to the Application to anyone at its sole discretion.
4. User IVPN Accounts
a. Registration for a IVPN Account: To register for a IVPN Account, complete the online registration process. You will be required to submit your phone number and email address. You will then be prompted to verify your phone number via SMS code. By accepting these Terms of Service, you agree to receive SMS messages at the mobile telephone number you provide to IVPN. Please note that at registration and while you maintain a IVPN Account, we will ask you to verify your phone number (by SMS text or by our agents calling you at the number you provided). You consent to these calls by accepting these Terms of Service. If you do not respond to our requested communication or we cannot reach you via the phone number you have provided (for instance in the event your mobile phone company has suspended your phone account), then we may suspend your IVPN Account until we are able to reach you via the number you provided at registration. If you need to update your phone number, please log in through your IVPN Account and update your mobile number, which you will also be required to verify via SMS text message communications or a phone call.
c. Security of Your IVPN Account: Access to and use of your IVPN Account is strictly limited to you as the registered User of your IVPN Account. Immediately notify IVPN at ContactUs@ivpnet.com if you discover fraudulent or unauthorized purchases or suspect that someone else is using your IVPN Account login credentials without your permission.
d. One (1) IVPN Account: Only one (1) registered IVPN Account is allowed per person. However, IVPN allows you to share the same bank checking account between two registered IVPN accounts, as long as the registered IVPN accounts names have been verified to be listed on the same bank account.
e. No Transfer of a IVPN Account: Your IVPN Account is not transferable: You may not transfer or share your IVPN Account with any other party. Each individual must open their own IVPN Account. The name on any purchase must match the name on your IVPN Account. Under no circumstances shall you allow or permit any other person or third party, including without limitation, any person under the legal age to use the Application, and in no event any person under the age of eighteen (18) to use or re-use your IVPN Account, including but not limited to, in such a way that may breach the standards or laws in any jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. You accept full responsibility for any unauthorized use of the Application or of your IVPN Account and for any use of your enrolled checking account by any other person or third party in connection with your IVPN Account. Any person found to have violated this section may be reported to the relevant authorities and IVPN has the right to suspend or terminate your IVPN Account immediately and refuse any and all current or future use of the Application (or any portion thereof). IVPN will not be liable for any loss that you may incur as a result of someone else using your IVPN Account.
f. Equipment Obligation to Use Application: You must provide all equipment and software necessary to download and use the Application including, but not limited to, a mobile device that is suitable to connect with and use the Application. You are responsible for any fees including, but not limited to, Internet connection or data usage fees including, without limitation, SMS/MMS text usage fees that you incur when accessing the Application.
Users can also unsubscribe from the Application. To unsubscribe from the IVPN Application and de-activate your IVPN Account, you will need to log in to the players portal and delete the account in the profile section or contact ContactUs@ivpnet.com. If you unsubscribe, your IVPN Account will be deactivated. You will need to delete the Application to complete the process. IVPN is under no obligation to permanently delete any data.
5. Convenience Fees
For the IVPN iDigital Gift:
i. IVPN charges a flat one-time convenience fee of $0.50 per transaction, regardless of the gift amount chosen in addition to the cost of the amount of the gift desired at the time of purchase.
ii. You will see the fee on the checkout screen before completing the transaction. There are no other fees for signing up or anything else.
iii. This fee also allows IVPN to manage your gifts.
iv. If you do not want to pay the $0.50 convenience fee, please choose another form of payment for your purchases.
6. Refunds and Cancellations
a. You do not have to be an enrolled IVPN user to redeem an iDigital Gift from a participating merchant that someone has sent to you. You must be enrolled in IVPN and in good standing to initiate the purchase of an iDigital Gift. IVPN is not responsible if the receiver of the iDigital Gift cannot use it. All or any unused amount of an iDigital Gift will be valid and available to be redeemed for sixty (60) days from the date it was issued. If the receiver of the gift does not use the iDigital Gift within the 60-day period, all or any remaining amount will be refunded to the enrolled gift giver bank account if they are in good standing with IVPN at the time of such refund. iDigital Gifts are not reloadable.
b. Cancellations. All purchases are final and are ineligible for cancellation at any time. IVPN is expressly not responsible for any refunds on any purchases with your IVPN Account including, but not limited to, any purchases you may claim were debited, deposited, withdrawn, or transferred inadvertently or by mistake/accident. Please review your request for purchasing before you hit submit. If we are unable to verify or authenticate any information you provide during registration or if we are no longer able to verify or authorize your bank account information, we may refuse to honor all pending and future purchases with your registered bank account. We may also prohibit you from using the Application. You shall have no recourse and IVPN shall have no liability as a result of any such cancellation. In the event of any IVPN Account suspension or termination, all provisions of these Terms of Service relating to User warranties, confidentiality obligations, proprietary rights and limitation of liability shall remain effective despite such suspension or cancellation. For specific suspension or cancellation questions, you can send an email to ContactUs@ivpnet.com.
c. Chargebacks /Insufficient Fund Charges. You are responsible for any and all bank and legal fees incurred by you or IVPN associated with your disputed charges and chargebacks or insufficient funds for purchasing of products transactions made by you on the Application. You will be notified by email of any chargebacks (returned transactions) or fees and we will deduct same from your bank account if your bank account has sufficient funds to cover these charges. If it does not, we will not allow further orders until these charges are paid with a valid form of payment. In IVPN discretion, we may suspend or terminate your IVPN Account for overcharges or insufficient fund charges or notifications.
d. Bank Information. It is important that your bank account information be accurate and complete at all times. If you change banks, please promptly update your banking information by logging into your IVPN Account. In the event IVPN detects any potential fraud associated with your IVPN Account, including your bank account, IVPN may suspend or terminate your IVPN Account.
e. Purchasing with a Bank Account. In acceptance of these Terms of Service, you authorize IVPN and/or its agents, to withdraw and/or deposit funds in your bank account via ACH (Automated Clearing House) at the depository institution designated in the Application which will be reflected in debit and credit entries. You understand that an ACH transaction, also known as electronic checks, may take up to three (3) business days to post to your bank account as a debit or a credit. When you conduct a transaction through our Application, you are responsible for ensuring that the funds are available at the time the transaction is conducted, and properly processed (posted) to your bank account. You acknowledge that the origination of ACH transactions to your bank account must comply with the provisions of U.S. law. Additionally, you authorize IVPN and/or its agents to verify your identity. You also authorize IVPN to provide transaction history information to its agents. The authorization to complete transactions using the Application will remain in effect until you provide us with written notification of your intent to terminate this Agreement by delivering such notice to ContactUs@ivpnet.com. In the event that your bank does not allow electronic transactions, you authorize us to convert the electronic transaction data to a paper draft for presentment to your bank. In the event that your bank denies the electronic transaction and returns electronic payment to IVPN, you authorize us to re-present the original electronic transaction amount. If your payment is returned unpaid (NSF, bank account closed/frozen, etc.), you authorize CHECKredi to make an electronic fund transfer from your account to collect the original transaction and a “return fee”. The return fee will be up to the maximum amount permissible by State law. This fee is separate from any fees that your bank may impose for such returns. You agree and authorize CHECKredi to contact you by U.S. mail, at your residence phone number, place of employment phone number and cellular phone number by means of a telephone call, a dialer, or a text for the purpose of collections. You also agree to receive email communications from CHECKredi regarding your returned items for the purpose of collections. We recommend that you have overdraft protection on the bank account used for your payment of transactions for the Application. IVPN may share data with third parties to verify your identity and the validity of the data presented during your registration and use of the Application.
f. Orders. By using the IVPN Application to purchase products and generate transactions you agree to the following: “I authorize IVPN to debit the bank account indicated for the amount noted on today’s date. I will not dispute IVPN debiting my bank account, so long as the transaction corresponds to the terms in this online form and my agreement with IVPN.” You must ensure that your name matches your bank account name. The authorized bank account holder will be deemed the funder.
g. iDigital Gift. You do not have to be an enrolled IVPN user to redeem the iDigital Gift that someone has sent to you. You must be an enrolled IVPN user if you are the sender of the iDigital Gift. IVPN is not responsible if the receiver of the iDigital Gift cannot use it. All or any unused amount of the iDigital Gift will be valid and available to be redeemed for sixty (60) days from the date it was issued. If the receiver of the gift does not use the iDigital Gift within the 60-day period, all or any remaining amount will be refunded to the gift giver bank account. The iDigital Gift is not reloadable.
7. Intellectual Property Rights
a. Copyright Information and Non-Commercial Use Limitation: The Application and its contents, features and functionality, including but not limited to, all information, products, services, text, displays, graphics, video, audio and software as well as the design, selection and arrangement thereof (collectively, “Content”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Service permit you to use the Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content on the Application, except as follows: Your computer may temporarily store copies of such Content in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your internet browser for display enhancement purposes. If we provide social media features with certain Content, you may take such actions as are enabled by such features. You must not modify copies of any Content from the Application or delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content from the Application. You must not access or use for any commercial purposes any part of the Application or any Content available through the Application. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Application in breach of the Terms of Service, your right to use the Application will cease immediately and you must, at our option, return or destroy any copies of the Content you have made. No rights, title or interest in or to the Company, the Application or any Content on the Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Application not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
b. Trademarks: The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans are the trademarks of their respective owners.
c. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act: The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If an individual believes that their copyrighted work has been copied without authorization and is available within the Application in a way that may constitute copyright infringement, the individual may provide notice of their claim to the Company’s designated agent listed below. For the notice to be effective, it must include the following information:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. A description of the copyrighted work that is claimed to have been infringed;
iii. A description of where the allegedly infringing material is located within the Application;
iv. Information reasonably sufficient to permit the Company to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
v. A statement that the person has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company should be contacted only if an individual believes that their work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring within the Application.
8. Use Prohibitions
You agree to access and use this Application only for lawful reasons. You are responsible for knowing and complying with any and all laws, statutes, rules and regulations pertaining to your use of this Application. You are prohibited from using this Application in a way that:
i. Is threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortuous, indecent, vulgar, profane, obscene or that IVPN deems in its sole discretion to be inappropriate for this Application or that seeks to interfere with other User’s use or enjoyment of the Application;
ii. Violates any law, regulation or court order;
iii. Accesses, collects or stores Personal Information about others;
iv. Violates or infringes upon the rights of anyone else, including, for example, another person’s right to privacy;
v. Impersonates any person, business, entity or IP address (e.g., IP spoofing);
vi. Involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any law;
vii. Is commercial in nature, including, for example, advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages;
viii. Gains or tries to gain unauthorized access to this Application, its computers and networks or its User data, or that otherwise modifies or interferes with the use or operation of this Application;
ix. Imposes an unreasonable or disproportionately large load on IVPN infrastructure including, but not limited to, automating scripts for IVPN account creation, transmitting spam or using unsolicited mass emailing techniques;
x. Alters, damages or deletes any content posted on this Application;
xi. Contains or introduces computer viruses or other disruptive, damaging or harmful files or programs;
IVPN will cooperate fully with any law enforcement officials and/or governmental agencies, if requested or required, in the investigation of any Users who violate these Terms of Service and may disclose your information to such law enforcement officials and/or agencies if required by law.
9. Comments and Other User Submissions/Use of Information
While IVPN does not claim ownership of any comments or suggestions that you may submit to IVPN, by submitting a comment or suggestion or any other material to this Application, you hereby authorize and grant IVPN the non-exclusive right and license to use, display, reproduce, modify and distribute the comment, suggestion or material, in whole or in part, anywhere in perpetuity in any and all media outlets, whether alone or together, or as part of any material of any kind or nature. Without limiting any of the foregoing, IVPN will have the non-exclusive right and license to use, copy, edit, display, perform, distribute, modify and re-format the comment, suggestion or material in any manner that IVPN may determine. You waive any claims to compensation for any such right or license. By submitting a comment, suggestion or material, you represent and warrant to IVPN that you have all necessary rights in and to all comments, suggestions or materials you provide and all information they contain, and that such comments, suggestions or materials do not infringe upon any proprietary or other rights of third parties or contain any libelous, tortious or otherwise unlawful information.
10. Potential Disruption of the Application
Access to this Application may from time to time be unavailable, delayed, limited or slowed due to, but not limited to, the following:
a. Scheduled daily maintenance;
b. Emergency (unscheduled) maintenance;
c. Hardware failure, including but not limited to, failures of computers (including your own computer), servers, networks, connections and other electronic and mechanical equipment;
d. Software failure including, but not limited to, bugs, errors, viruses, configuration problems, incompatibility of systems, cloud computing, utilities or applications, the operation of firewalls or screening programs, unreadable codes or irregularities within certain documents or other content;
e. Overload of system capacities and cloud platforms;
f. Unforeseen circumstances or causes outside its reasonable control, including, without limitation, extreme weather and other acts of God, natural catastrophes, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, computer viruses, strikes, or shortages of transportation facilities, transportation stoppages or slowdowns, and stoppage or slowdown of power supplies or other utility or services (including the Internet or other networks) (each, a “Force Majeure Event”); or
g. IVPN may discontinue, suspend or update the Application at any time without notice. IVPN shall not be liable for any failure to perform or disruption of the Application due to such discontinuance, suspension or updates.
11. General Provisions
a. Time Limit for Bringing Claims: YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OF SERVICE, THE APPLICATION OR ANY OF THE SERVICES PROVIDED BY IVPN OR THROUGH THE APPLICATION MUST BE SUBMITTED TO ARBITRATION WITHIN ONE (1) YEAR OR SUCH CLAIM SHALL BE FOREVER BARRED. THAT ONE-YEAR STATUTE OF LIMITATIONS SHALL BEGIN TO RUN ON THE DATE PROVIDED UNDER APPLICABLE LAW.
b. Resolving Disputes: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
c. Before filing a claim against IVPN, you agree to try to resolve the dispute informally by contacting ContactUs@ivpnet.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or IVPN may bring a formal arbitration proceeding as described below.
d. We Both Agree to Arbitrate: You and IVPN agree to resolve through final and binding arbitration any claims relating to these Terms of Service, the Application, services offered on or through the Application, except as set forth under Exceptions to Agreement to Arbitrate below. The arbitration shall be held in the state in which you reside. For residents outside the United States, arbitration shall be initiated in Palm Beach County, Florida, and you and IVPN agree to submit to the personal jurisdiction of any state or federal court in Palm Beach County, Florida to compel arbitration, stay proceedings, pending arbitration or to confirm, modify, vacate, or enter judgment on the claims entered by the arbitrator.
e. Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by sending a letter to IVPN that must be postmarked within 30 days of your first acceptance of these Terms of Service. The letter must specify your first and last names, IVPN Account ID, mailing address, and explain that you are opting out of this arbitration provision. The letter should be sent to: ContactUs@ivpnet.com
f. Arbitration Procedures: The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated. These rules are available at jamsadr.com or by calling JAMS at 1-800-352-5267 (referred to as the “JAMS Rules”) and under the rules set forth in these Terms of Service. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions.
g. Arbitration and Attorney’s Fees: IVPN will pay all arbitration fees for claims less than $25,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to, attorney’s fees and expert witness costs unless IVPN is otherwise specifically required to pay such fees under applicable law. For claims that total more than $25,000, the JAMS Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on IVPN and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. IVPN and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, IVPN and you agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. IVPN and you understand that, absent this mandatory arbitration provision, IVPN and you would have the right to sue in court and have a jury trial. IVPN and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If IVPN is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to IVPN.
h. Severability and Waiver of Jury Trial: If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, IVPN and you agree to waive, to the fullest extent allowed by law, any trial by jury. The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of IVPN to the extent that any such claims arise out of your access to, and/or use of the Application, and/or the provision of services and/or technology on or through the Application.
i. Exceptions to Agreement to Arbitrate: Either you or IVPN may assert claims, if they qualify, in small claims court in Palm Beach County, Florida, provided the informal dispute resolution described above was unsuccessful. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
j. No Class Actions: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
k. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You agree that class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed.
l. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST IVPN AND ANY RELEASED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS OF SERVICE. OTHERWISE, YOU ARE NOT AUTHORIZED TO USE THE APPLICATION IN ANY WAY.
m. Judicial forum for disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and IVPN agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Florida. Both you and IVPN consent to venue and personal jurisdiction there.
n. Choice of Law. You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You otherwise agree that the law of the state of Florida governs these Terms of Service and any claim or dispute that you may have against us, without regard to Florida’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
o. Internet Privacy and Security: Due to the design of the Internet, IVPN cannot guarantee that communications between you and IVPN will be free from unauthorized access by third parties or will be secure, and you agree that IVPN shall not be liable if a security breach occurs or if this Application malfunctions, except as required by law.
p. Indemnification: You agree to defend, indemnify and hold harmless IVPN from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Application, including, but not limited to, any use of the Application’s Content and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Application. If you are obligated to provide indemnification hereunder, the Company may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any claim without the Company’s written consent. If you are obligated to provide indemnification hereunder, the Company may withhold any payment it is otherwise required to make to you to offset your indemnity obligations.
q. Electronic Signatures: The Electronic Signatures in Global and National Commerce Act, 15 USC 7001-7031 requires that you consent to entering into an electronic agreement with the Company before the agreement is executed and becomes effective. Should you enter into an online user agreement with the Company, you will not be required to submit a paper application/agreement. The entire agreement between you and the Company will be evidenced by an electronic record. You must agree to the use of an electronic record and agree to read and understand these Terms of Service. After creating a IVPN Account and becoming a registered User of the Application, you have the right to withdraw your consent to the use of an electronic record. However, should you do so, your IVPN Account with the Company will automatically be terminated. Should you wish to withdraw your consent to the exclusive use of an electronic agreement, you must do so by cancelling your IVPN Account and sending an email to ContactUs@ivpnet.com. Your request must include your name, your mailing address and email address.
r. Reliance on Information Posted and Third-Party Links: The information presented on or through the Application is made available solely for general information purposes. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Application or by anyone who may be informed of any of its contents. This Application may contain links to third party applications. These links are provided solely as a convenience to you. If you click on any of these links, you will leave this Application. IVPN does not control, and is not responsible for, any third-party applications or their content. Therefore, IVPN does not endorse or make any representations about third party applications or any information, products, or materials found there. If you access any of the third-party applications linked to this Application, you do so entirely at your own risk.
s. Waiver and Severability: No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
t. Assignment: The Company may assign its rights and obligations under this Agreement, in whole or in part, to any person or entity at any time without notice to you and without your consent. Upon such assignment, the Company may be relieved of any further obligation hereunder. You may not assign or delegate any rights or obligations under these Terms of Service without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
u. Relationship of Parties: You acknowledge and agree that no joint venture, partnership, or employment relationship exists between you and the Company as a result of these Terms of Service or your use of the Application. You agree not to hold yourself out as representative, agent, operator, distributor or employee of the Company and the Company shall not be liable for any of your representations, acts or omissions. You also acknowledge and agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries.
12. Entire Agreement
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