Introduction: This privacy and cookie policy (“Policy”) describes how Slatewell, Inc. (“Slatewell”, “we,” and “our”) collects, uses and shares personal data when using Slatewell’s website, applications and plug-ins (collectively, the “Apps”) and the services provided in connection therewith (together with the Apps, the “Services”). Please read the following information carefully to understand our views and practices regarding your personal data and how we will treat it. Particularly Important Information Who we are: For the purpose of applicable data protection legislation, the data controller of your personal data is Slatewell, Inc. of New York, New York. Changes to this Policy: We will post any modifications or changes to the Policy on our Apps. We reserve the right to modify the Policy at any time, so we encourage you to review it frequently. The “Last Updated” legend above indicates when this Policy was last changed. If we make any material change(s) to the Policy, we will notify you via email and/or post a notice on our Apps prior to such changes(s) taking effect.
Please note that we may also disclose personal information to our affiliates and third party service providers, in connection with corporate restructuring, to comply with law, or for compliance, fraud prevention and safety purposes, as further described herein. Privacy Rights. Except as excluded above, the CCPA grants California residents the following rights: • Information. You can request information about how we have collected, used and shared your personal information during the past 12 months. We have made this information available to California residents without having to request it by including it in this Policy, in the chart above. • Access. You can request a copy of the personal information that we maintain about you. • Deletion. You can ask us to delete the personal information that we collected or maintain about you. Please note that the CCPA limits these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request. If we deny your request, we will communicate our decision to you.
You are entitled to exercise the rights described above free from discrimination. How to Submit a Request. To request access to or deletion of personal information, please contact: • legal@getslatewell.com with the subject line “CCPA Deletion Requestion” Identity verification. The CCPA requires us to verify the identity of the individual submitting a request to access or delete personal information before providing a substantive response to the request.
Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming that authority. Online Tracking Opt-Out Guide Like many companies online, we may use services provided by Google, Meta and other companies that use tracking technology. These services rely on tracking technologies – such as cookies and web beacons – to collect directly from your device information about your browsing activities, your interactions with websites, and the device you are using to connect to the Internet. There are a number of ways to opt out of having your online activity and device data collected through these services, which we have summarized below: • Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
• Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes. • Using privacy plug-ins or browsers. You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers. • Platform opt-outs. The following advertising partners offer opt-out features that let you opt-out of use of your information for interest-based advertising: • Google: https://adssettings.google.com • Meta: https://www.facebook.com/about/ads • LinkedIn: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out • Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies: • Digital Advertising Alliance: http://optout.aboutads.info • Network Advertising Initiative: http://optout.networkadvertising.org/?c=1 Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt-out on every browser and device that you use. Glossary Biometric Information An individual’s physiological, biological or behavioral characteristics, including an individual’s deoxyribonucleic acid (DNA), that can be used, singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. Commercial Information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Education Information Personal information from an educational record, which could include: a student’s name, the names of the student’s parent or other family members, the address of a student or student’s family, a student’s personal identifier (e.g., SSN, student number), other indirect identifiers of the student (e.g., date of birth, place of birth, mother’s maiden name), other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty, or information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. Financial Information Bank account number, debit or credit card numbers, insurance policy number, and other financial information. Geolocation Data Precise location, e.g., derived from GPS coordinates or telemetry data Identifiers Real name, alias, postal address, unique personal identifier, customer number, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. Inferences The derivation of information, data, assumptions, or conclusions from any other category of Personal Information to create a profile about a person reflecting the person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes. Internet or Network Information Browsing history, search history, and information regarding a person’s interaction with an Internet website, application, or advertisement. Medical Information Personal information about an individual’s health or healthcare, including health insurance information. Does not include (a) medical information governed by California’s Confidentiality of Medical Information Act, (b) protected health information that is collected by a covered entity or business associate governed by the Health Insurance Portability and Accountability Act of 1996 or (c) information collected as part of certain clinical trials. Online Identifiers An online identifier or other persistent identifier that can be used to recognize a person, family or device, over time and across different services, including but not limited to, a device identifier; an Internet Protocol address; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers (i.e., the identification of a person or a device to a degree of certainty of more probable than not) that can be used to identify a particular person or device. Physical Description An individual’s physical characteristics or description (e.g., hair color, eye color, height, weight). Professional or Employment Information This term is not defined in the CCPA, but likely includes any information relating to a person's current, past or prospective employment or professional experience (e.g., job history, performance evaluations). Protected Classification Characteristics Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). Sensory Information Audio, electronic, visual, thermal, olfactory, or similar information.
Countries have their own laws with different requirements per jurisdiction regarding the use of privacy policies. Make sure you are following the legislation relevant to your activities and location.
Slatewell Terms of Use
Last Updated Date: July 28th, 2022
WELCOME TO SLATEWELL! PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES OF SLATEWELL, INC. (“SLATEWELL”, “WE” OR “US”), ITS AFFILIATES OR AGENTS, THAT LINK TO THESE TERMS OF USE (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY SLATEWELL. THESE TERMS OF USE GOVERN THE USE OF THE WEBSITE AND APPLY TO ALL INTERNET USERS VISITING THE WEBSITE, OR ACCESSING OR USING THE WEBSITE IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”). BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU, WHETHER YOU ARE A CUSTOMER OR END USER, HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SLATEWELL, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
PLEASE BE AWARE THAT THESE TERMS OF USE CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS TERMS OF USE. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. For example, if you are a customer who has executed an agreement with Slatewell (such party, a “Customer” and such agreement, a “Customer Agreement”), the terms of that Customer Agreement will control and supersede these Terms of Use with respect to the subject matter of such Customer Agreement. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY SLATEWELL IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Slatewell will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms of Use. Slatewell may require you to provide consent to the updated Terms in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), Slatewell may, at its discretion, require you to stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
B. Registration Data. In registering an account with the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using the Website or Services (collectively, the “Slatewell Properties”) under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time.
C. Access Through Third Party Websites. By using the Services, you expressly authorize Slatewell to access your account information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you provide third party account login information to the Services, you will be directly connected to the website for the third party you have identified. Slatewell will submit information including usernames and passwords that you provide to log into the third party website. You hereby authorize and permit Slatewell to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms and solely to provide the Services to you, you grant Slatewell a limited power of attorney, and appoint Slatewell as your attorney-in-fact and agent, to access third party sites, retrieve, use, and share your information with applicable Customer(s) and you grant Slatewell the full power and authority to do and perform each action necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN SLATEWELL IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, SLATEWELL IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. Slatewell is not responsible for any issues that may arise from inaccurate account information.
D. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Company’s Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Services.
A. Slatewell Properties. Except with respect to the information or data you submit through the Services (collectively, “Your Data”), you agree that Slatewell and its suppliers own all rights, title and interest in Slatewell Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Slatewell Properties.
B. License to Your Data. Subject to any applicable account settings that you select, you grant Slatewell a fully paid, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, distribute, and reproduce Your Data (in whole or in part) for the purposes of operating and providing the Services, which with respect to End Users, shall expressly include sharing Your Data with the Customer through which you have accessed Slatewell Properties. You agree that you, not Slatewell, are responsible for all of Your Data that you make available on or in Slatewell Properties.
C. Feedback. You agree that submission of any ideas, suggestions, criticisms, documents, and/or proposals to Slatewell through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Slatewell has no obligation (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Slatewell a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Slatewell Properties.
B. Attempt to access or use another user’s Account without authorization;
C. Create or use a false identity;
D. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
E. Stalk or otherwise harass any other user of our Slatewell Properties;
F. Make available any data, information, or content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
G. Interfere or attempt to interfere with the proper functioning of Slatewell Properties or connect to or use Slatewell Properties in any way not expressly permitted by the Terms;
H. Systematically retrieve data or other content from our Slatewell Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
I. Use, display, mirror or frame Slatewell Properties, or any individual element within Slatewell Properties, Slatewell’s name, any Slatewell trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Slatewell’s express written consent;
J. Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through Slatewell Properties or that is in transit from or to Slatewell Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by Slatewell Properties;
K. Use, facilitate, create, or maintain any unauthorized connection to Slatewell Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of Slatewell Properties; or (ii) any connection using programs, tools or software not expressly approved by Slatewell;
L. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide Slatewell Properties, or to obtain any information from Slatewell Properties; or
M. Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
B. Payment Terms for Customers. Please refer to your Customer Agreement for information on any fees as negotiated separately by Slatewell and the Customers.
C. Payment Terms for End Users. End Users will not be charged by Slatewell for the Services provided hereunder. Notwithstanding the foregoing, Customers may in certain cases charge End Users for their use of, and access to, Slatewell’s Properties, and such prices shall in each case be determined exclusively by the Customer and End User.
A. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SLATEWELL PROPERTIES IS AT YOUR SOLE RISK, AND SLATEWELL PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. SLATEWELL PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE OR SERVICES.
B. SLATEWELL PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) SLATEWELL PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SLATEWELL PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SLATEWELL PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) CUSTOMERS OWN OR OTHERWISE HAVE SECURED COPYRIGHT PROTECTION WITH RESPECT TO DOCUMENTS PROVIDED ON THE SLATEWELL PROPERTIES.
C. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. SLATEWELL MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SLATEWELL OR THROUGH SLATEWELL PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
E. FROM TIME TO TIME, SLATEWELL MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT SLATEWELL’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
A. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SLATEWELL PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SLATEWELL PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT SLATEWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF SLATEWELL PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE SLATEWELL PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH SLATEWELL PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SLATEWELL PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO SLATEWELL PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SLATEWELL PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SLATEWELL PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SLATEWELL PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
B. Disclaimers Regarding Customer-End User Agreements. END USERS ACKNOWLEDGE AND AGREE THAT SLATEWELL PARTIES ARE NOT RESPONSIBLE FOR ANY DELAYS OR ERRORS CAUSED BY CUSTOMER IN CONNECTION WITH END USER AGREEMENTS BETWEEN SUCH PARTIES.
C. Cap on Liability. UNDER NO CIRCUMSTANCES WILL SLATEWELL PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SLATEWELL PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SLATEWELL PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SLATEWELL PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
D. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SLATEWELL AND YOU.
B. Breach. In the event that Slatewell determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Slatewell Properties, Slatewell reserves the right to:
A. Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Slatewell Properties, unless terminated earlier in accordance with the Terms.
B. Prior Use. Notwithstanding the foregoing, if you used Slatewell Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Slatewell Properties (whichever is earlier) and will remain in full force and effect while you use Slatewell Properties, unless earlier terminated in accordance with the Terms.
C. Termination of Services by Slatewell. If you have materially breached any provision of the Terms, or if Slatewell is required to do so by law (e.g., where the provision of the Website or the Services is, or becomes, unlawful), Slatewell has the right to, immediately and without notice, suspend or terminate any Services provided to you (and in the case of Customers, provided to their End Users), and take any action as set forth herein. You agree that all terminations for cause shall be made in Slatewell’s sole discretion and that Slatewell shall not be liable to you or any third party for any termination of your Account.
D. Termination of Services by You. THE SERVICES WILL CONTINUE UNTIL TERMINATED BY US OR BY YOU IN ACCORDANCE WITH THIS SECTION. If you want to terminate the Services provided by Slatewell, you may do so by closing your Account for all of the Services that you use.
E. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your and your End Users’ right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Data associated therewith from our live databases. Slatewell will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Data. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. TERMINATION OF THE SERVICES BY EITHER YOU OR SLATEWELL WILL NOT CANCEL OR REDUCE ANY CHARGES OR FEES THAT CONTINUE TO BE DUE AND PAYABLE TO SLATEWELL.
F. No Subsequent Registration. If your registration(s) with or ability to access Slatewell Properties, or any other Slatewell community is discontinued by Slatewell due to your violation of any portion of the Terms, then you agree that you shall not attempt to re-register with or access Slatewell Properties or any Slatewell community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Slatewell Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Slatewell reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
B. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent in Delaware. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Slatewell will pay them for you. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
C. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Slatewell. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
D. Waiver of Jury Trial. YOU AND SLATEWELL HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Slatewell are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
E. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other disputes, claims, or requests for relief shall be arbitrated.
F. Severability. Except as provided herein, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
G. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Slatewell.
H. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Slatewell makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Slatewell at the following address: Slatewell, Inc., 1 Dock 72 Way, Brooklyn NY 11205.
B. Release. You hereby release Slatewell Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage that is either directly or indirectly related to or arises from your acts or omissions under your attorney-client relationship between Customer and End User, or any dispute between such parties and/or your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Slatewell Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
C. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Slatewell’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
D. Force Majeure. Slatewell shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
E. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Slatewell Properties, please contact us at: support@getslatewell.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
F. Exclusive Venue. To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Slatewell agree that all claims and disputes arising out of or relating to the Terms will be litigated exclusively in the state or federal courts located New York, New York.
G. Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF New YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
H. Notice. Where Slatewell requires that you provide an e-mail address, you are responsible for providing Slatewell with your most current e-mail address. In the event that the last e-mail address you provided to Slatewell is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Slatewell’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Slatewell at the following e-mail address: support@getslatewell.com. Such notice shall be deemed given when received by Slatewell by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
I. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
J. Severability. If any portion of these Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
K. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter (except with respect to any Customer Agreement).
