TERMS OF SERVICE

Tragedy and Hope, Inc. | DBA: AUTONOMY

Standard Terms for Virtual Workshops, Courses, Webinars and Online Communities

BY ACCESSING, USING OR PARTICIPATING IN AN AUTONOMY COURSE, WORKSHOP, WEBINAR, ONLINE COMMUNITIES (ANY/ALL ONLINE SERVICES OFFERED BY TRAGEDY AND HOPE, INC.) AND/OR SIGNIFYING YOUR ACCEPTANCE TO THESE TERMS OF SERVICE, YOU AGREE TO THE TERMS OF THIS ELECTRONIC AGREEMENT ON YOUR OWN BEHALF AND ON BEHALF OF THE PERSON LISTED IN THE ORDER, REGISTRATION, PURCHASE PAGE OR SIMILAR FORM (“PURCHASE PAGE”).  YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE ENTITY THAT YOU WORK FOR AND YOURSELF TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, DO NOT ACCESS, OR USE THE SERVICE (AS DEFINED IN THESE TERMS OF SERVICE).

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.

Effective Date: February 5, 2024

The Agreement

This Workshop/Online Activities Agreement (hereinafter, “Agreement”) is made by and between Tragedy and Hope, Inc., a Connecticut limited C-Corporation d/b/a “AUTONOMY” and “https://getAUTONOMY.info/”, a business, organized under the laws of the State of Connecticut, U.S.A., hereinafter referred to as “AUTONOMY” and you, further defined below, as a participant in the Workshops, also defined below.

All parts and sub-parts of these Terms of Service are specifically incorporated by reference here. This Agreement shall govern the use of all pages and screens in and on any and all workshops, webinars, virtual meetings and packages and products offered by AUTONOMY to its customers from time to time (all collectively referred to as “Workshops” and individually as a “Workshop”) and any services provided by AUTONOMY through the Workshops (“Services”) and/or on AUTONOMY’s websites (“Website”).

As a condition of your participation in Workshops, you will also be required to comply at all times with the terms of our “Culture of Excellence” (COE), which you may view here: https://universityofreason.com/coe. The terms of our COE, as AUTONOMY may amend or change the same from time to time, are incorporated into these Terms of Service by reference and a made a part hereof.  In the event of any conflict or inconsistency between one or more terms of the COE and one or more terms of these Terms of Service, the terms of these Terms of Service will govern and be deemed controlling.

Note to Social Media Users.  When purchasing products and services from this Website, our LinkedIn profile or other social media page or anywhere else, and when posting information to or otherwise communicating via that page or your own social media page, your activities online are subject to the Terms of Service, User’s Agreement or other terms and conditions imposed by that social media website, which may contain terms and conditions different from these Terms of Service.  Please see the following pages for further details:

• https://legal.kajabi.com/ (All of Kajabi's Policies and Terms of Service)
• http://www.facebook.com/legal/terms
  (Facebook’s Statement of Rights and Responsibilities).
• https://twitter.com/en/tos(Twitter’s Terms of Service).
• https://help.instagram.com/478745558852511 (Instagram’s Terms of Service).
• https://policy.pinterest.com/en/terms-of-service (Pinterest’s Terms of Service); and
• http://www.google.com/intl/en/policies/terms (Google’s Terms of Service).

Article 1 – DEFINITIONS:

1. The parties referred to in these Terms of Service shall be defined as follows:

1. (a)          AUTONOMY, us, we: AUTONOMY, as the creator, operator, and publisher of the Workshop, is responsible for providing the Workshop publicly. AUTONOMY, us, we, our, ours and other first-person pronouns will refer to Tragedy and Hope, Inc. (D/B/A AUTONOMY), as well as, if applicable, all members, managers, employees and affiliates of Tragedy and Hope, Inc. (D/B/A: AUTONOMY).

• You, the user, the participant: You, as the participant in the Workshops and user of the Website, will be referred to throughout these Terms of Service with second-person pronouns such as you, your, yours, or as user or participant.

• Parties: Collectively, the parties to these Terms of Service (AUTONOMY and You) will be referred to as Parties.

Article 2 – ASSENT AND ACCEPTANCE:

By purchasing and participating in AUTONOMY’s Workshops, you warrant that you have read and reviewed these Terms of Service and that you agree to be bound by it. If you do not agree to be bound by these Terms of Service, please contact us at [email protected] prior to registering. AUTONOMY only agrees to provide the Workshops to you if you assent to these Terms of Service.

Article 3 – LICENSE TO USE WEBSITE AND ACCESS WORKSHOP MATERIALS:

We may provide you with certain information as a result of your accessing the Workshops through the Website, phone or virtual meeting, or otherwise. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Workshops (“Materials”). Subject to these Terms of Service, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Workshops and your use of the Website. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Workshops, your cessation of use of the Workshops or the Website, or at the termination of these Terms of Service.

Article 4 – WORKSHOP TERMS:

Access to certain areas of this website is restricted. AUTONOMY reserves the right to restrict access to other areas of this website, or indeed this entire website, at AUTONOMY’s discretion.

If AUTONOMY provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

AUTONOMY may disable your user ID and password in AUTONOMY’s sole discretion without notices or explanation.

After purchasing one or more Workshop packages and paying the necessary Fees, you may not be able to begin until the specified Workshop Start Date. You must, if required by AUTONOMY, complete a Workshop by the specified Workshop End Date. Each Workshop session is held live, and make-up sessions are not available.

The Workshop and any of its accompanying Materials are for the registered individual only and may not be shared with any party. If we suspect that any Workshop or Materials are being shared or recorded by you and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Workshop or Materials, in our sole and exclusive discretion. We may also bill Fees for additional registration(s) if it is determined that others viewed, participated in, or otherwise had access to the Workshop or Materials.

We do not offer any promises or guarantees with regard to our Workshops, Courses, Online Communities, or Materials. You hereby acknowledge and agree:

1.  You are solely and exclusively responsible for the choices that you make with regard to any Workshop, the Materials contained within it, or any significant changes to your business or life.
2.  You agree to perform all “integration exercises” provided by AUTONOMY in connection with any Workshop within the deadline, if any, imposed by AUTONOMY; and

1. We are not liable for any result or non-result or any consequences which may come about due to your participation in any Workshop or use of our Materials, even if we have knowledge of the results you wish to obtain.

Article 5 – INTELLECTUAL PROPERTY:

You agree that the Materials, the Workshops, the Website, the Community, and any other Services provided by AUTONOMY are the property of Tragedy and Hope, Inc. (D/B/A: AUTONOMY), including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all rights, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

Article 6 – CONTENT YOU POST:

Through your participation in the Workshop and your use of the Website, you may be permitted to post materials to the Workshop pages and other parts of the Website (“User Contributions”). You hereby grant AUTONOMY a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of User Contributions you post for any purpose whatsoever. AUTONOMY claims no further proprietary rights in your User Contributions.

You also agree to comply with the “Acceptable Use” provision of these Terms of Service and our COE for all User Contributions that you post, including and especially to not violate the intellectual property rights of any third party through your User Contributions.

If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.

Article 7 – YOUR OBLIGATIONS:

Before participating in any Workshop, you will be asked to register with us and participating in certain preliminary exercises, including but not limited to an “obstacle course” and a “blueprint call,” to determine your eligibility and fit for a particular Workshop program or package. You will provide personal information, including, but not limited to, your name and email address. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Workshops. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.

The billing information you provide us with, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information or using any Workshop or the Website to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service.

Article 8 – PAYMENT AND FEES; CANCELLATION AND RESCHEDULING

As noted above, the total Fees for the Workshop vary per Workshop audience, date, content, package and other factors, and AUTONOMY will give you a binding Fee quote before you purchase any Workshop program or package.  Prices quoted do not include sales or other taxes which are the responsibility of Client.

The entirety of the Fees is due and payable upon your registration in a Workshop program; fees are nonrefundable once paid. Interest at 12% per annum or the highest rate allowed by law if less will be charged on overdue invoices.  In the event you initiate a credit card chargeback for any Fee payment due to AUTONOMY, you agree to reimburse our out-of-pocket costs and expenses, including but not limited to legal fees and disbursements, incurred by us in reversing such chargeback or otherwise collecting the Fees due to us.

AUTONOMY offers a number of payment plan options which are described on the Purchase Page.  By selecting one of the payment plan options, you agree to make each installment payment promptly when due.  If AUTONOMY does not receive timely payment of any installment under a payment plan, your access to the AUTONOMY’s website will be restricted in AUTONOMY’s sole discretion until payments have resumed, and you will not have the opportunity to participate in future Workshops without paying the Fee therefor.  Failure to pay two (2) or more installments of any Fee due to us under a payment plan will result in our termination of these Terms of Service without any further obligation or liability to you whatsoever.

If you cannot attend any Workshop session at the scheduled time, you may elect to attend a subsequent Workshop session and your fee will be credited against the fee charged by AUTONOMY for such subsequent Workshop session, but you cannot do so more than three (3) times. 

If for any reason Richard Grove is unable to deliver a Workshop on the scheduled date, you will be notified via email and your fee will be applied to a subsequent Workshop, unless AUTONOMY is able to provide a qualified replacement speaker in which case the Workshop will proceed on the scheduled date.  Substitution of speakers for any Workshop is in our sole discretion and does not constitute grounds for a refund or termination of these Terms of Service, and AUTONOMY is not obligated to provide notice of any speaker substitution prior to the scheduled event date and time (although AUTONOMY will use reasonable efforts to do so).

Article 9 – ACCEPTABLE USE:

You agree not to use any Workshop or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use any Workshop or the Website in any way that could damage the Workshop, Website, Services, or general business of AUTONOMY.

You further agree not to use any Workshop or the Website:

1. To harass, abuse, or threaten others or otherwise violate any person’s legal rights.

1. To violate any intellectual property rights of AUTONOMY or any third party.
2. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
3. To perpetrate any fraud.
4. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
5. To publish or distribute any obscene or defamatory material.
6. To publish or distribute any material that incites violence, hate, or discrimination towards any group.
7. In any way that would violate our COE or Rules of Engagement; or
8. To unlawfully gather information about others.

In addition, by participating in any Workshop you agree to AUTONOMY’s Rules of Engagement, which are incorporated by reference in these Terms of Service and can be viewed here:  https://universityofreason.com/roe In the event of any conflict or inconsistency between one or more terms of these Terms of Service and one or more terms of the Rules of Engagement, the terms of these Terms of Service shall govern and be deemed controlling.

Article 10 – NO LIABILITY:

The Workshop and Website are provided for informational purposes only. You acknowledge and agree that any information posted in any Workshop, in the Materials, or on the Website is not intended to be legal advice, medical advice, psychological advice, financial advice, or any advice required by law to be rendered only by a licensed professional, and no fiduciary relationship has been created between you and us. You further agree that your participation in any Workshop is at your own risk. We do not assume responsibility or liability for any advice or other information given in any Workshop, in the Materials, or on the Website.

Article 11 – REVERSE ENGINEERING AND SECURITY:

You agree not to undertake any of the following actions:

1. Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on any Workshop or the Website.
2. Violate the security of any Workshop or the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user, or network.

Article 12 – DATA LOSS:

We do not assume or accept responsibility for the security of your account or content. You agree that your participation in any Workshop or use of the Website is at your own risk.

Article 13 – INDEMNIFICATION:

You agree to defend and indemnify AUTONOMY and any of its members, managers, employees, agents and affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your participation in any Workshop, your use or misuse of the Website, your breach of these Terms of Service, the COE or the Rules of Engagement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense if we wish.

Article 14 – SPAM POLICY:

You are strictly prohibited from using any Workshop or the Website for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

Article 15 – MODIFICATION AND VARIATION:

We may, from time to time and at any time without notice to you, modify these Terms of Service, the COE or the Rules of Engagement. You agree that we have the right to modify these Terms of Service, the COE or the Rules of Engagement or revise anything contained herein. You further agree that all modifications to these Terms of Service, the COE or the Rules of Engagement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms of Service, the COE or the Rules of Engagement unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service, the COE or the Rules of Engagement.

To the extent any part or sub-part of these Terms of Service, the COE or the Rules of Engagement is held ineffective or invalid by any court of law, you agree that the prior, effective version of these Terms of Service, the COE or the Rules of Engagement shall be considered enforceable and valid to the fullest extent.

Article 16 – DISCLAIMER OF WARRANTIES

AUTONOMY AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY WORKSHOP, WEBINAR OR CONTENT. AUTONOMY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) ANY WORKSHOP OR WEBINAR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY WORKSHOP OR WEBINAR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE WORKSHOP OR WEBINAR AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL WORKSHOPS, WEBINARS AND CONTENT ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY AUTONOMY AND ITS LICENSORS.

Article 17 -- INTERNET DELAYS

AUTONOMY’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.  AUTONOMY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 

Article 18 – LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR ANY WORKSHOP, WEBINAR OR CONTENT PROVIDED BY AUTONOMY, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH ANY SUCH WORKSHOP OR WEBINAR, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Article 19 – ADDITIONAL RIGHTS

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

Article 20 – DISCLAIMER OF WARRANTIES AS TO USE OUTSIDE OF THE UNITED STATES

AUTONOMY is a United States-based website. We make no representation that any aspect of the website or any Workshop, webinar or content provided thereon is appropriate or available for use outside of the United States or may be used for persons who are not citizens of the United States or residents of other countries. Those who access the Website or participation in AUTONOMY’s programs, Workshops and Services from other locations are responsible for compliance with applicable local laws. The Website and AUTONOMY’s programs, Workshops and Services are subject to applicable export laws and restrictions.

Article 21 – RELEASES

You agree not to hold Tragedy and Hope, Inc. (D/B/A: AUTONOMY), its members, managers, employees, agents or affiliates liable for any Workshop or webinar, the content of any Workshop or webinar, the actions or inactions of you or other participants in any Workshop or webinar or of other third parties. As a condition of access to the Website and AUTONOMY’s Workshops and webinars, you release Tragedy and Hope, Inc. (D/B/A: AUTONOMY) (and its members, managers, employees, agents and affiliates) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more other users of the Service or with other third parties, including whether or not AUTONOMY becomes involved in any resolution or attempted resolution of the dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Article 22 – NOTICES

AUTONOMY may give notice by means of a general notice on the website, electronic mail to your e-mail address on record in AUTONOMY's account information, or by written communication sent by first class mail or pre-paid post to your address on record in AUTONOMY's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to AUTONOMY (such notice shall be deemed given when received by AUTONOMY Unlimited) at any time by any of the following: through the website at https://universityofreason.com/  by electronic mail to [email protected]; or by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to AUTONOMY at the following address: Tragedy and Hope, Inc. (D/B/A: AUTONOMY), 1519 Sullivan Avenue, South Windsor, Connecticut 06074, in either case, addressed to the attention of: President.

Article 23 – ENTIRE AGREEMENT:

This Agreement constitutes the entire understanding between the Parties with respect to the Workshops/Courses/Communities/Webinars (online content and services). This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.

Article 24 – SERVICE INTERRUPTIONS:

We may need to interrupt your access to the Workshop to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Workshop and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.

Article 25 – TERM, TERMINATION AND SUSPENSION:

We may terminate these Terms of Service and/or your participation in any Workshop program or package at any time for any reason, with or without cause. We specifically reserve the right to terminate these Terms of Service and your participation in any Workshop program or package if you violate any of the terms in these Terms of Service, the COE or our Rules of Engagement, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement or your participation in any Workshop program or package or suspend such participation temporarily for a period not to exceed one (1) year, at any time by contacting us and requesting termination or suspension. At the termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

Please be advised that terminating or suspending your participation in any Workshop program or package does not entitle you to a refund on any Fees or other amounts previously paid to AUTONOMY.

Article 26 – GENERAL PROVISIONS:

1. LANGUAGE: All communications made, or notices given pursuant to these Terms of Service shall be in the English language.
2. JURISDICTION, VENUE and CHOICE OF LAW: Through your participation in any Workshop program or package and your use of the Website, you agree that the laws of the State of Connecticut, U.S.A. shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms of Service is initiated, the Parties agree to submit to the personal jurisdiction of the courts of the State of Connecticut sitting in the Judicial District of Hartford, or the United States District Court for the District of Connecticut (if it has jurisdiction). The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
3. ARBITRATION: In case of a dispute between the Parties relating to or arising out of these Terms of Service, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the City of Hartford, Connecticut, United States of America. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of these Terms of Service, our COE or Rules of Engagement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the State of Connecticut. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of these Terms of Service, waive any rights they may have to a jury trial in regard to arbitral claims.
4. CLASS ACTION WAIVER:  Any proceedings to resolve or litigate any action, claim, proceeding or dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
5. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should these Terms of Service, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by AUTONOMY, the rights and liabilities of AUTONOMY will bind and inure to any assignees, administrators, successors, and executors.
6. SEVERABILITY: If any part or sub-part of these Terms of Service, the COE or our Rules of Engagement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms of Service, the COE and Rules of Engagement shall continue in full force.
7. NO WAIVER: In the event that we fail to enforce any provision of these Terms of Service, the COE or our Rules of Engagement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Service, the COE or our Rules of Engagement will not constitute a waiver of any other part or sub-part.
8. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Service are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms of Service.
9. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service. No Party has any authority to bind the other to third parties.
10. FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, pandemics, and other acts which may be due to unforeseen circumstances.
11. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these Terms of Service, including e-mail or fax. For any questions or concerns, please email us at the following address: [email protected] .