Terms of Service for Teleport by Varjo

 

1. Introduction to the Service

These terms of service (“Terms”) apply to the “Teleport by Varjo” service provided through teleport.varjo.com (“Website”), and through our mobile applications and related technologies (“Mobile Apps”) (collectively the Website and Mobile Apps), including any updates, new features and technology (collectively the “Service”) offered by Varjo Technologies Oy and its affiliates (“Varjo”). The Service may contain one or more services, features or functionality as determined by Varjo in its sole discretion and the Service is made available in certain countries which may vary from time to time.

All access and use of Service is governed by these Terms. Please read these Terms carefully before taking the Service into use. If You disagree with any part of these Terms, You may not access and must discontinue using the Service.

By accessing or otherwise using the Service, You are entering into a binding contract with Varjo (“Varjo”, “us”, “we”, or “our”).

Any purchase of Varjo’s hardware products is subject to separate terms and conditions of sale made available to You at the time of the purchase.

If You agree to these Terms on behalf of Your employer or other legal entity You represent and warrant that You have the authority to bind such entity to these Terms. If You do not have the requisite authority, You may not accept the Terms or use the Service. The terms “You” and “Company” are used interchangeably in these Terms. You and the employer or legal entity are hereinafter collectively referred as “You”, “Your”, or “Company”.

The Mobile Apps may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If You obtain Mobile Apps through a Distribution Channel, You may be subject to additional terms of the Distribution Channel. These Terms of Service are between You and us only, and not with the Distribution Channel.

 

2. Account registration

Use of the Service requires account registration with Varjo. When You register, You will create a user account with a username and a password, which shall meet any requirements set forth during the account creation process, including strength of the password.

In order to create an account, You must be at least 13 years of age and You must have the permission of Your parent or guardian if You are a minor in Your home country.

You must provide us with correct information as required during the registration process and keep the information up to date. You must protect Your username and password against misuse and keep them personal. You must promptly notify us about any unauthorized use. You agree that You are personally responsible for the security and integrity of Your password, any use of or access to Your user account, and for all communication and activity in connection with the Service.

You shall not create a user account (i) by using a false identity or false information, (ii) on behalf of someone other than You or the entity You represent or (iii) that is not authorized by the entity You represent.

Varjo reserves the right to terminate accounts that are inactive for an extended period of time.

 

3. Subscription

If You buy or subscribe to any of our paid Services, such Services require payment before You can access them (“Subscription Fee(s)”). To access said functionalities You must have an active subscription (“Subscription”) and the Subscription Fee must be paid in full. You will be responsible for all taxes associated with the Services, other than taxes based on Varjo’s net income. Payment can be made by the means that Varjo makes available from time to time. You agree that if You purchase a Subscription, Varjo (or our service provider), (a) may store and continue billing Your payment method (e.g. credit card) to avoid interruption of such Services, and (b) calculate taxes payable by You based on the billing information that You provide us at the time of purchase.

A Subscription is purchased for a subscription period chosen by You at the time of purchase (“Subscription Period”). Your Subscription Period begins at the date of purchase, except where there is a specified start date for the Subscription communicated to You by Varjo. Unless otherwise agreed, Your Subscription will automatically renew at the end of the Subscription Period or other agreed renewal date unless You cancel Your Subscription prior to the renewal date. You may cancel the Subscription any time prior expiration an active Subscription Period. The cancellation will take effect the day after the last day of the then current Subscription Period. All payments for Subscriptions are nonrefundable and there are no credits for partially used periods.

Varjo reserves the right to change our Subscription plans or adjust pricing for the Services in any manner and at any time as we may determine in our sole and absolute discretion. Subscription Fees for renewal Subscriptions are at Varjo’s then-current Subscription Fees at the time of such renewal regardless of any discounted pricing or promotional offers previously extended to You. Except as otherwise provided in these Terms, any price changes or changes to Your Subscription will take effect following reasonable notice to You, which may include notifying via the Services, a pop-up notice, email, or through other reasonable means.

5. Content

The Service enables You to create, capture, generate, access, share and use digital versions of real world objects and environments (“Models”) by scanning such objects or environments using a device that is integrated with the Service or by uploading data to the Website.

In order to operate the Service, we must obtain certain license rights in the content that You post, submit or upload using the Service (“Your Content”) so that actions we take in operating the Service are not considered legal violations. By using the Service, and/or generating or uploading Your Content, You hereby grant to Varjo an irrevocable (for as long as Your Content is stored in the Service), perpetual, royalty-free, transferable, sublicenseable, worldwide, license and permission to use, host, cache, store, transmit, display, publish, distribute, run, access, copy, modify and/or reproduce Your Content (i) as may be required to improve, develop, operate and provide the Service and (ii) for creating, testing, developing, training and improving Varjo’s reconstruction AI model and related technologies. The foregoing license includes a right for Varjo to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Service, solely for the purpose of providing such Service, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant You also agree that if You grant access or otherwise provide Your Content to other users of the Service, You permit the other users to share and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services and such users may grant the same rights to other third parties.

By submitting Your Content in connection with Your use of the Service, You represent and warrant that You own or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to Your Content including the rights necessary to grant the rights specified herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless You have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. You are responsible for maintaining all necessary licenses and adhering to the license terms of Your Content.

If we reasonably believe that any of Your Content violates the law, infringes or misappropriates the rights of any third party, or otherwise violates a material term of these Terms (“Prohibited Content”), we will notify You of the Prohibited Content and may request that such content be removed from the Service or access to it be disabled. If You do not immediately remove or disable access to the Prohibited Content, we may remove or disable access to the Prohibited Content or suspend the Service. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Service or in accordance with applicable law or any judicial, regulatory or other governmental order or request. If we remove Your Content without prior notice, we will provide prompt notice to You unless prohibited by law.

Varjo is under no obligation to edit, control or monitor any Models or Your Content, and Varjo will not be in any way responsible or liable for Models or Your Content. You acknowledge and agree that Varjo reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

Varjo reserves the right to cease use or block of Your Content at any time. If You believe any content, used in connection with the Service infringes any person’s or entity’s intellectual property rights, please contact legal@varjo.com.

 

6. Licenses by Varjo, Use and Restrictions

Subject to Your compliance with these Terms, You may copy, modify, publish, distribute, or otherwise use any Models You generate using the Service. This license is non-exclusive, non-assignable, and non-transferable. You will be fully responsible and liable to Varjo for any third parties that are given access to the Service by You.

This license does not grant You the right to use the Service for any other purpose, or to disclose, reproduce, distribute, modify or create derivative works of the Service or provide access to Service to any third party. You may not integrate the Services with any other application, product or service without Varjo’s prior written consent (which may be conditioned on the execution of a separate agreement). You may not display or facilitate access to the Services in a way that could reasonably mislead any person that the Services are provided or developed by anyone other than Varjo.

You may not do any of the following in connection with Your use of the Services, unless mandatory laws or regulations prohibit these restrictions or Varjo has agreed in writing that You may do so:

(a) create Models of persons or objects in a manner that violates or infringes the intellectual property, privacy or other rights of any other person or entity, including e.g. uploading or making available, with Your Models, any information that would be considered “personal information,” “personal data,” “personally identifiable information,” or any similar term under applicable law (collectively, “Personal Data”), including images of identifiable individuals without getting their consent first and providing them a copy of the Privacy Policy. Specifically, You may not upload or make available the following categories of Personal Data: personal contact information, government identification numbers (such as driver’s license, passport, or social security number), personal financial information, and any Personal Information that is considered “sensitive” or “special category” under applicable law;
(b) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Service;
(c) use any technological or other means to use the Service in a way that could interfere with or overburden, disrupt or impair the Service or interfere with any third party’s access or use of the Service;
(d) use the Service for fraudulent or abusive purposes or attempt to decompile, reverse engineer, disassemble, modify or hack any part of the Service;
(e) attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks related to the Service;
(f) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
(g) use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercept, “mines,” scrapes, extracts, or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same;
(h) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
(i) submit, transmit, display, perform, post or store any content or otherwise use the Service for illegal, harassing, bullying, unethical or disruptive purposes, or in a manner that is inaccurate, unlawful, defamatory, obscene, vulgar, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, invasive of privacy or publicity rights, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, or otherwise objectionable;
(j) violate any applicable law or regulation in connection with Your access to or use of the Service; or
(k) access or use the Service in any way not expressly permitted by these Terms.

 

7. Term and Termination

Services which are subject to a Subscription Fee are available until expiration of Your Subscription and Your right to use the Service will automatically terminate upon expiration of the Subscription.

Varjo may terminate or suspend access to the Service immediately, without prior notice or liability, if You breach these Terms, in case of changes to laws require that Varjo suspends the Services or impose additional liability on Varjo, or in case Varjo ceases to offer the Service. In case of termination, You must immediately remove Your Content, and all related material. If You do not remove Your Content within a reasonable time of termination, we may remove Your Content.

Any provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property rights provisions, warranty disclaimers, indemnity, confidentiality, limitations of liability, and governing law and dispute resolution.

 

8. Intellectual Property Rights

All rights, title and interest in and to the Service and all intellectual property rights therein, including but not limited to the copyright, trademarks, service marks and logos contained therein are owned by or licensed to Varjo. The structure, organization, and code of any Service are valuable trade secrets and confidential information of Varjo and/or its licensors. You agree that Varjo and/or its licensors own all right, title and interest in and to the Service (including any and all intellectual property rights therein) and You agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Service and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works. Varjo and its licensors reserve all rights not expressly granted to You under these Terms.

Varjo and/or our licensors own all right, title and interest in and to any pre-existing intellectual property rights under any software or other technology used to develop any Models (“Underlying Technology”). Any rights including intellectual property rights in and to Your Content is retained by You and Your licensors. You own any Models or other elements of Your Content that You create or submit in connection with Your use of the Services, subject to Varjo’s rights in any Underlying Technology therein. We grant You a limited, nonexclusive license, to use such Underlying Technology in connection with Your use of the Models in accordance with these Terms.

 

9. Data Protection

Varjo processes personal data in accordance with applicable legislation and as described in detail in the Privacy Policy.

Businesses using the Service are responsible for ensuring compliance with all applicable laws, including but not limited to data protection laws and regulations.

When Varjo processes personal data on behalf of You as a data processor, the terms of the Data Processing Addendum shall apply.

 

10. Feedback; Contact from Varjo

As part of the Service, Varjo may provide You with the opportunity to submit bug reports, enhancement requests, issue reports and/or support information (collectively, “Feedback”) to Varjo. By agreeing to these Terms, You agree that Varjo may contact You from time to time about the Service, and You hereby consent to receive such communications. You also agree that Varjo will be free to use any Feedback You may provide for any purpose.

 

11. Updates and Operation of the Service

Varjo may, at our discretion, provide updates, upgrades, bug fixes, modifications, enhancements and new releases and versions to the Service (“Updates”). If we make an Update available, these Terms will govern the Updates, unless the Update is accompanied by a separate license in which case the terms of such license will govern. Varjo is under no obligation to respond to You or to resolve all or any issue reported to us with respect to the Services.

Varjo reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, the Service or any functions and features of the Service, with advance notice where possible, except when prohibited by law. You acknowledge and agree that the maximum processing capacity of the Service is limited. Therefore, Varjo may at its discretion, e.g. limit the number of scans allowed by You or otherwise prioritize the provision of the Service. Varjo may also create new operating guidelines, limitations or terms applicable to the Service at any time, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Varjo’s or its third-party service providers’ servers on Your behalf. You agree that Varjo has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.

You are responsible for any costs and fees You may incur in using the Service, including costs necessary for establishing necessary connections to use the Service and for providing and maintaining any hardware, software, other technology, and infrastructure to access and use the Services. The Service can be accessed via a mobile device. To the extent You access the Service through a mobile device, Your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, Your carrier may prohibit or restrict some features of the Service.

 

12. Third-Party Services and Content

The Service may contain links to third-party content, software or services that are not owned or controlled by Varjo and enable You to access and use certain third-party services or software. You acknowledge and agree that You are solely and exclusively responsible for obtaining any and all authorizations, subscriptions and licenses required for subscriptions and rights required for the use of the third-party services, software or content in Service.

Use of any such software, content or services shall be subject to the relevant third party’s terms and conditions applicable to such use. You further acknowledge and agree that Varjo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such software, content or services. Any third party materials and links to other websites are provided solely as a convenience to You.

 

13. No warranty and Disclaimers

Your access to and use of the Service are at Your own risk. You understand and agree that the Service is provided to You on an “AS IS” and “AS AVAILABLE” basis.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET OUT IN THE PARAGRAPHS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

VARJO DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS). THERE IS NO WARRANTY BY VARJO THAT THE FUNCTIONS OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT. THERE IS NO WARRANTY OR REPRESENTATION AND VARJO DISCLAIMS ALL LIABILITY FOR (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE (INCLUDING ANY MODELS GENERATED BY YOUR USE OF THE SERVICE); (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; (D) WHETHER THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; AND (E) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, YOUR CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT: (A) THERE MAY BE ERRORS, INCONSISTENCIES, OR INACCURACIES IN MODELS FOR VARIOUS REASONS (INCLUDING THE QUALITY OF THE CONTENT FROM WHICH IT IS DERIVED FROM AND THE INHERENT TECHNICAL LIMITATIONS AND NATURE OF MACHINE LEARNING OR ARTIFICIAL INTELLIGENCE TECHNOLOGY USED IN CONNECTION WITH THE SERVICES); AND (B) MODELS MAY NOT BE PROTECTABLE BY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS.

VARJO TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH VARJO WILL BE RESPONSIBLE FOR.

 

14. Compliance with Laws

Both Company and Varjo agree to (i) operate in compliance with all applicable laws and regulations, (ii) conduct its business in a professional manner and (iii) not engage in deceptive, misleading, fraudulent or unethical business practices.

 

15. Indemnity

You agree to defend, indemnify Varjo and its officers, directors, employees, agents, partners and licensors from and against any and all third-party claims and all liabilities, assessments, losses, costs or damages, including reasonable attorneys’ fees, resulting from or arising out of (a) Your Content; (b) any violation by You of these Terms and (c) Your violation of any rights of any third party; (d) Your negligence of wilful misconduct. This obligation shall survive the termination or expiration of these Terms and/or Your use of the Service. Varjo reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by You hereunder.

 

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VARJO OR ITS LICENSORS BE LIABLE FOR DAMAGES OR ANY KIND, INCLUDING ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER CAUSED ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, AND UNDER ANY THEORY OF LIABILITY; WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANYY WAY IN CONNECTION WITH THE SERVICE AND WHETHER IN CONTRACT, TORT OR STRICT LIABLITY (INCLUDING NEGLIGENCE) EVEN IF VARJO, OR ITS LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VARJO’S TOTAL LIABILITY TO YOU IS LIMITED TO THE GREATER OF ONE HUNDRED (100 ) EUROS OR THE AMOUNT YOU PAID TO VARJO IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

 

17. Force Majeure

Varjo shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Varjo, including without limitation any failure to perform hereunder due to unforeseen circumstances such as war, terrorism, pandemic, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 

18. Changes to these Terms

Varjo may revise and/or update these Terms from time to time. Such changes will be effective with or, as applicable, without prior notice to You. If You do not accept a change to these Terms, You may terminate the Service by contacting Varjo at teleport@varjo.com. Your continued use of the Service after a change constitutes Your complete and irrevocable acceptance of any and all such changes.

 

19. Entire Agreement

Except as explicitly agreed upon in writing between You and Varjo, these Terms and all documents referenced within these Terms constitute the entire agreement between You and Varjo with respect to the subject matter hereof and supersedes all prior negotiations and agreements (written and oral) relating to the covered subject matters, including but not limited the terms of any confidentiality or non-disclosure agreements.

Please note, however, that certain aspects of Your use of the Service may be governed by additional terms, which we will present to You separately for Your agreement. To the extent that there is any conflict between any additional terms and these Terms, the additional terms shall prevail.

 

20. Miscellaneous

You represent and warrant that (a) You or Your subsidiaries, directors, officers or employees are currently not the subject or the target of any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”) or the U.S Department of State, the United Nations Security Council, the European Union, or other relevant sanctions authority (collectively “Sanctions”); (b) You are not located, organized or resident in a country or territory that is the subject or the target of Sanctions and (c) You will not violate in any other way the applicable Sanctions.

Elements of the Services are “commercial computer software”. If the user or licensee of the Services is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Services or any related documentation of any kind, including technical data and manuals, is restricted by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. All other use is prohibited.

These Terms do not limit Your rights under mandatory provisions of applicable laws, including but not limited to applicable consumer protection laws or regulations.

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 Websites 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.

You may not assign or transfer these Terms or any of Your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms or any of our rights or obligations hereunder at any time. Any prohibited assignment is void.

If any part of these Terms is held unenforceable, the rest remains in full force and effect.

Failure to enforce any provision of these Terms will not constitute a waiver.

You and Varjo remain independent contractors. These Terms do not create an agency, partnership, or joint venture.

 

21. Governing Law and Dispute Resolution

These Terms are governed by the laws of Finland, excluding CISG and choice of law provisions. Any dispute, controversy or claim arising out of these terms shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. Nothing in this Section shall be deemed as preventing Varjo 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.

If You are a consumer, You may bring proceedings in the courts of the country in which You reside.

IF YOU ARE A CONSUMER SUBJECT TO THE LAWS OF THE UNITED STATES OR CANADA: To the extent that these Terms allow You or Varjo to initiate jurisdiction in court, both You and Varjo agree that all claims and disputes (whether based in contract, tort, statute or otherwise), arising out of or relating to these Terms will be brought exclusively in the United States District Court for the District of Delaware. You and Varjo consent to the jurisdiction of such courts and waive any right to assert challenges based on jurisdiction or venue, except as set forth in this paragraph.

WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND VARJO AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). YOU AND VARJO AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND VARJO EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND THE COMPANY AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH THE EXCEPTIONS CLAUSE ABOVE.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.