Terms of Service and End User License Agreement
Last update May 2021
Greetings from Sieve! We are glad that you want to be part of our community. For your and our protection we have set forth the following Terms of Service Agreement and End User License Agreement (“Agreement”) that will govern how you can use Sieve’s service, available via our mobile application, Sieve (the “App”), or our website, www.sieveapp.us (the “Website”), jointly referred in this Agreement as the “Products” provided by Sieve, its affiliates, licensees and successors (also referred to as the “Company”). This Agreement is a legally binding agreement that shall govern the relationship with users (“Users”) that may interact or interface using the Products. From time to time this Agreement may be amended, change and modified and such amendments, changes and modifications will become effective immediately after becoming available via our Products. PLEASE REGULARLY REVIEW THE MOST CURRENT AGREEMENT.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING THE PRODUCTS YOU AGREE TO THE MOST UPDATED VERSION OF THE AGREEMENT AND YOU ARE BOUND TO COMPLY WITH THE TERMS IN IT. IF YOU DECLINE TO ACCEPT ANY OF THE TERMS OF THIS AGREEMENT YOU MUST REFRAIN FROM USING THE PRODUCTS.
PLEASE NOTE A CLASS ACTION WAIVER AND A WAIVER OF TRIAL BY JULY ARE INCLUDED IN THIS AGREEMENT. ANY DISPUTE RESOLUTION WILL REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS.
Sign up and Use of SNS
The App may require you to sign up using the social networking sites Facebook and LinkedIn (each an “SNS”), by using your own personal email address or through Apple and Google Sign-In capabilities. By signing up with an SNS login you are aware that you are disclosing to the Company your SNS login information and you are authorizing the Company access and use of your SNS account, including but not limited to photographs, data, text, messages, friends and/or people in your network, tags, interests, etc., stored in your SNS account. You acknowledge that the Company may access, store and make available any information stored in your SNS account and in other third party service. Please note that the Agreement with the Company is separate from the agreements you have entered into with each SNS or other third party service. The Company will not be liable for the information supplied by the SNS or other third party service which may be considered in violation with the terms of the private policy you have with such SNS or other third party service nor will the SNS or other third party provider impose any fees on the Company or make the Company subject to any usage limitations. You understand that the Company is not responsible for any SNS content.
Accuracy and Data Security of your Account
When signing up to the App, you will create an account (“Account”) with your personal information. You agree that the information in your Account must be factual, accurate, true and most current information about yourself. You also agree to update your Account and maintain the most accurate and updated information at all times. If at any time during your use of the Products the Company identifies information that is deemed to be untrue, inaccurate, not current or incomplete, or it violates our Agreement the Company may suspend or cancel your Account.
For more on data we collect, go to Data Policy.
You understand that you are responsible for maintaining the confidentiality of your login information, if any, and to immediately inform the Company if you feel your login information has been compromised, if you notice any unauthorized access or use of your Account or any other breach of security. You are solely responsible for all the activities in relation to your Account and use of the Products.
You acknowledge and understand that the Company may, but it is not obligated to request documentation to verify your identity and/or any information related to your Account.
Upon registration, you hereby acknowledge that by using any of the Products to send electronic communications, which includes, but are not limited to, email, searches, messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with the terms of this Agreement, you are acknowledging that the use of the Products shall result in interstate transmissions.
Permissions related to Your Content
By using the Products and posting information about yourself, such as but not limited to images, videos, texts, location information, interests, User Feedback (as described below), messages, etc. (“Your Content”), you are giving the Company permission to store, display, distribute, copy, use, mine, modify, reproduce, digitally transmit, play, and perform Your Content. In addition, you grant a worldwide royalty-free, fully paid, perpetual, transferable irrevocable and fully sublicensable rights (including moral rights) to produce derivative works of Your Content and/or incorporate Your Content in other works of the Company to be used for business and/or commercial purposes. For the sake of avoidance of doubt, the Company does not claim any ownership of Your Content; you are solely responsible for Your Content available to the Company.
The Company herein reserves the right to access, preserve and and/or disclose Account information and/or Your Content if it is requested to do so by law or in good faith belief that any such action is deemed reasonable necessary for:
compliance with any legal process
enforcement of the Agreement
responding to request for customer service; or
protecting rights, property or the personal safety of the Company, its visitors, Users, including the general public.
The Company expects you to have discretion when posting any material and you understand that you are solely responsible for any material posted, part or Your Content. This Agreement prohibits you from posting material that will prevent the enjoyment of the Products by other Users; this includes material that is profane, defamatory, inflammatory, fraudulent, intimidating or threatening, racially offensive, illegal, misleading, material that is sexually explicit, lewd, libelous, violent, tortious, and/or material that may infringe or violate another User’s rights (including but not limited to the rights of privacy). In addition, you are prohibited to post any content with the following material or intention:
to encourage or give instructions to a User for the purpose of committing a federal felony or criminal offense or provide orders to violate any international, national, state or local law, including but not limited to material that portray child-pornography, terrorism, illegal drug distribution, illegal sale of weapons, or insider trading as defined by the U.S. Securities and Exchange Commission or the securities exchanged that governs the jurisdiction in which you currently reside or occupy at the time of use of the Products;
to threaten the integrity or security of any sovereign state;
to promote bigotry or harm to any individual or group of a specific race or sexual orientation;
to infringe any copyright, patent, trademark, trade secret or any intellectual property rights owned by another party;
to provoke gambling or money laundering or defraud another User by requesting money;
to impersonate another User, person or entity, including misrepresenting any affiliation with an individual or entity;
to advertise, solicit, publicize, or market unsolicited promotions for political campaigning or/and commercial purposes including such promotions for contests, sweepstakes, pyramid schemes and barter of any kind;
to post other person’s content such as video, images, audio and any other content, without the explicit permission of the person;
to post any private information of another individual and/or User, such as but not limited to credit card information, Social Security numbers, passwords, addresses, phone numbers, email addresses;
to exploit any individual in a sexual, abusive or illegal manner or with the purpose of providing information of any person under the age of 18;
to harm minors in any way;
to destroy, limit or restrain the functionality of the Company’s Products or any computer devices by loading viruses, trojans, spyware, time bombs, cancelbots, worms or data that is corrupted or may cause harm, interrupt, destroy or disrupt the code, files, components or programs of the Company or those programs associated with the Company’s Products;
to disrupt the normal flow of communication, or otherwise acting in any manner that would negatively affect other User’s ability to participate in any real time interactions;
to interfere with or disrupt any of the Company’s Products, servers and/or networks that may be connected or related to our Products, including, but not limited to, the use of any device software and /or routine to bypass the robot exclusion headers (if any);
to expose the Company to any harm or liability of any type.
The Company herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Products. In addition, we reserve the right to remove and/or delete any such content that would violate the Agreement or which would otherwise be considered offensive to other visitors and/or Users.
In addition, you represent and warrant that you have all the rights necessary to post the content in your Account; including any worldwide intellectual property right and moral rights or that the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted to you the right to post such content if necessary.
Content of Other Users
The App allows for other Users to provide content, such as images, video, text, free form information, User Feedback and location (“User Content”). You acknowledge and understand that the information posted is the sole responsibility of the User posting it and as such the Company does not guarantee the accuracy, integrity or quality of such content. The Company is not responsible or does it have any control over any User Content posted. By accessing the User Content you are doing so at your own risk. Your interactions with other Users based on the User Content are your responsibility. The Company will not be liable for any action taken by you in connection with the User Content available in the App.
If a dispute were to arise from your interactions with other Users, the Company reserves the right, but has no obligation, to intercede in the dispute to find an amicable resolution.
The Company has expressly provided descriptions of unacceptable and prohibited content. In addition, the Users are required to have accurate and complete profiles. Each User has the obligation to abide by the Agreement and the Company has a policy in place to suspend or terminate the accounts that breach such Agreement. If you believe a User is violating the terms of the Agreement, please write us at firstname.lastname@example.org.
You will not disseminate, sell, exploit, display, reuse, re-post, broadcast, circulate or otherwise distribute any part of a User Content.
Your Responsibilities and Safety
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.
YOU ARE ENTIRELY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER AND IN NO EVENT SHOULD THE COMPANY BE LIABLE FOR THE MISCONDUCT OF ANY USER WHICH MAY RESULT IN BODILY INJURY, DEATH, EMOTIONAL DISTRESS, FINANCIAL LOSS OR ANY OTHER RISK ASSOCIATED WITH MEETING IN PERSON OR COMMUNICATING WITH OTHER USERS THROUGH THE COMPANY’S PRODUCTS. YOU UNDERSTAND THAT THE COMPANY EXPECTS YOU TO EXERCISE CAUTION WHEN CONTEMPLATING A PERSONAL MEETING. THE COMPANY DOES NOT AND IT IS NOT OBLIGATED TO PERFORM ANY CRIMINAL BACKGROUND CHECKS OR VERIFY ANY STATEMENTS MADE BY ITS USERS. THE COMPANY MAY BUT IT IS NOT OBLIGATED TO CONDUCT SEX OFFENDER REGISTER SEARCHES OR ANY OTHER CRIMINAL DATABASES SEARCHES AT ANY TIME EVEN WHEN THE INFORMATION IS AVAILABLE THROUGH PUBLIC RECORDS.
The Company provides a feature in the App for our Users to contribute feedback from their interactions with other Users (User Feedback). User Feedback is the sole opinion of the User contributing the feedback and it does not represent the opinions of the Company. The comments will not be visible to other Users. They are used internally to improve the quality of the community.
You, as a User, agree and understand that
your feedback contributions will not contain any type of fraudulent, untrue, incorrect, confidential or proprietary information;
the Company shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any User Feedback
the Company shall be entitled to make use of and/or disclosed any such User Feedback in any such manner as it may see fit;
the contributions to the User Feedback feature shall automatically become part of Your Content; therefore, permissions described in Section 4 apply to the User Feedback as well;
the Company is under no obligation to compensate in any manner or nature for the contributions you make to the User Feedback feature.
PLEASE NOTE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY EMOTIONAL DISTRESS OR OTHER DAMAGES RESULTING FROM THE USER FEEDBACK.
As a User you agree that the Company may, without any prior written notice, immediately suspend, terminate, discontinue your Account or any email associated with your Account, access to any of our Products. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
any breach or violation of our Agreement or any other incorporated agreement, regulation and/or community guidelines;
by way of requests from law enforcement or any other governmental agencies;
unexpected technical or security issues and/or problems;
any extended periods of inactivity of your account;
any engagement by you in any fraudulent or illegal activities; and/or
the nonpayment of any associated fees that may be owed by you in connection with your Account.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and/or limitations of access shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your Account and associated email address.
The Company reserves the right not to disclosed, unless required by law, the reasons for the termination, suspension and/or discontinuance of your Account. This Agreement will survive any such termination, suspension and/or discontinuance and it will remain in full force and effect, except for any terms that have been fully satisfied or that by their nature expire.
You may disable your Account at any time by following the instructions in your “Profile Dashboard”. You understand that if you disable your Account the Company is not responsible for any records of Your Content that may be unavailable at a later date as a result of your decision to disable your Account.
Restrictions of Use
The Products are to be used for personal use. Users should not use the Products to harvest information for any commercial endeavors, such as advertisements, selling or buying any products not offered by the Company or soliciting other Users to attend social functions for a commercial benefit. If the Company suspects a User of such activities the Company, without prior notice, reserves the right to revoke your rights to use the Products, including the blocking of your IP address and to investigate and take any available legal action in response to the unauthorized use of the Products, including but not limited to punitive and compensatory damages.
You herein acknowledge, understand and agree that all of the Company’s Products, trademarks, copyright, trade name, service marks, graphics, designs, slogans, and other of the Company’s logos and any brand features, and/or product and service names are trademarks and as such, are and shall be the property of the Company (“Company’s Property”). You agree not to copy, alter and/or create any derivative works from, any of the copyrighted material, trademarks, trade names, service marks or other intellectual property accessible through the Products and of the ownership of the Company.
In addition, all text, content, documents, artwork, look and feel, creative videos, organization, compilation, added services, etc. form part of the Company’s Property and should not be reproduced, retransmitted, exploited, distributed or used without the explicit consent of the Company.
As a User, you shall fully indemnify, hold harmless and defend (collectively “indemnify” and “indemnification”) the Company and its directors, officers, employees, agents, partners and /or licensors (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to (1) any content a User of our Products may submit, post, transmit, disseminate or otherwise make available through our Products, (2) your breach of any representation or warranty contained in this Agreement, (3) any breach or violation of any covenant or other obligation or duty you have under this Agreement or under applicable law or regulation, in each case whether or not caused by the negligence of the Company or any other Indemnified Party and whether or not the relevant Claim has merit. The Company reserves the right, but it is not obligated to do so, to take control over any claim subject to indemnification by you. If the Company exercise this right you agree to fully cooperate with the Company until full resolution.
The Company shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part therefor, with or without prior notice. In addition, we shall not be held liable of you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Products, or any part thereof.
Furthermore, the Company shall reserve the right to modify, alter and/or update these general practices and limits at its own discretion. In addition, you also agree that the Company has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Products.
YOU HEREBY EXPRESSLY ACKNOWLEGE AND AGREE THAT:
THE USE OF THE PRODUCTS IS AT YOUR OWN RISK. OUR PRODUCTS SHALL BE PROVIED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED OR ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTERS AND LICENSORS MAKE NO SUCH WARRANTTIES THAT (I) THE COMPANY’S PRODUCTS WILL MEET YOUR REQUIREMENTS; (ii) THE COMPANY’S PRODUCTS SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBAINED FROM THE USE OF THE COMPANY’S PRODUCTS WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY SERVICES, THIRD PARTY PRODUCTS, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR PRODUCTS WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE PRODUCTS SHALL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF THE COMPANY’S PRODUCTS SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICES AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR AY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM THE COMPANY OR BY WAY OF OR FROM OUR SERVICES OR PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
SHOULD APPLICABLE LAW NOT PERMIT THE AFORESAID EXCLUSION OF EXPRESS OR IMPLED WARRANTIES, THEN THE COMPANY WILL GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW.
Limitation of Liability
YOUR EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE COMPANY, INCLUDING ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENCIAL, OR EXEMPLAY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
THE USE OR INABILITY TO USE OUR PRODUCTS;
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON OUR PRODUCTS;
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
HOWEVER, IF AT ANY TIME YOU ARE DISSATISFIED WITH THE TERMS IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE PRODUCTS.
THE EXCLUSION OF CERTAIN WARRATIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTTAL OR CONSEQUENTIAL DAMAGES MAY NOT BE ALLOWED IN SOME JURISDICTIONS; IF THIS IS THE CASE, SOME OF THE ABOVE LIMITATIONS OF WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS SECTION ON LIABILIY IS FOUND TO BE UNENFORCEABLE THEN YOU ACKNOWLEDGE THAT THE AGGREGATE LIABILIY OF THE COMPANY WILL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).
Cautions for Global Use and Export and Import Compliance
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of the network you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States
(http://www.treasury.gov/resource-center/sactions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
agree not to transfer any software, technology or any other technical data through the use of our network Products to any export-prohibited country;
agree not to use our Products for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
You do hereby acknowledge and agree that the Company’s Products and any essential software that may be used in connection with our Products shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Products or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by the Company or such applicable licensor, you agree not to alter, modify, lease rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on the Company’s Products (e.g. features), in whole or part.
The Company here has granted you persona, non-transferrable and non-exclusive rights and/or license to make use of the object code of our App, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right of in the App. Furthermore, you do herein agree not to alter or change the App in any manner, nature or form, and as such, not to use any modified versions of the App, including and without limitation, for the purpose of obtaining unauthorized access to our Products. Lastly, you also agree not to access or attempt to access our Products through any means other than through the interface which is provided by the Company for use in accessing our Products.
Copyright or Intellectual Property Infringement Claim Notice and Procedures
The Company will always respect the intellectual property of others, and we ask that all of our Users do the same. With regards to appropriate circumstances and at its sole discretion, the Company may disable and/or terminate the accounts of any User who repeatedly violates our Agreement and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide us the following information:
the electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you believe has been infringed upon;
a description of the location of the site which you allege has been infringing upon your work;
the physical address, telephone number, and email address;
a statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
and finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Company’s Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Attn: Copyright Agent
Address: 245 East 54th #3S
By using the Products you agree and acknowledge that it is hosted in the United States (US). You are advised that through continued use of the Products you are transferring Your Content information to the US; therefore if any laws or regulations governing in your jurisdiction differ from US law with regard the use of Your Content, you understand and agree that the application of the laws of the US will supersede.
It is at the mutual agreement of both you and the Company with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of New York without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and the Company, shall be filed within the courts having jurisdiction within the County of New York, New York or the U.S. District Court located in said state. You and the Company agree to submit to the jurisdiction of the courts as previously mentioned, and each party hereby submits to the in personam jurisdiction of such courts and waives any objection based on inconvenient forum.
In the event a dispute shall arise between the parties to this Agreement, it is hereby agreed that the dispute shall be referred to the American Arbitration Association. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
The Company’s intention is to resolve disputes in an efficient and amicable manner; therefore, we suggest to first contact us to tell us about your complaint so that the Company may find solutions satisfactory to both parties outside of the arbitration process. Please contact us at Sieve’s Dispute Resolution Unit, via email. We will contact you within 10 business days of receipt of your complaint.
The procedures below will apply if arbitration proceedings between the Company and you are initiated.
Arbitrator. The Arbitrator selected to hear and decide your dispute will come from the roster of neutral arbitrators of the American Arbitration Association (“AAA”). You and the Company will select a single Arbitrator from the roster using the AAA’s standard procedures. This organization is an independent non-profit organization and has not affiliation with the Company. In case there is not an AAA arbitrator available, you and the company agree to appoint an alternative dispute resolution provider.
Authority of Arbitrator. If arbitration is initiated, there will be a neutral person (the Arbitrator) who will hear and decide the rights and liabilities, if any, of the Company as well as yours. The Arbitrator will have the authority to award monetary damages and/or rectify with a non-monetary award permissible and available in accordance with the local law, the AAA rules and this Agreement. The Arbitrator has the right to grant motions on how to dispose of all or part of any claim. The Arbitrator will have the same authority as a judge in a court of law to grant remedies on an individual basis.
Applicable Rules. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and its Consumer-Related Disputes Supplementary Procedures (together, the “AAA Rules”), as modified by these Arbitration Procedures; except to the extent such rules conflict with the terms of this Agreement. Depending on the amount of the claim or dispute, you and the Company have the option to request to resolve the dispute through binding non-appearance based arbitration. If mutually agreed by the parties to a non-appearance arbitration, the arbitration shall be conducted by telephone, email, online and/or by registered mail submissions. Notwithstanding the foregoing, the parties may also agree to schedule personal appearances if necessary. If the claim is for an amount exceeding Five Thousand U.S. Dollars (US 5,000.00) or more, the right to a hearing will be determined by the AAA rules. Each party will bear its own costs (including attorney’s fees).
Award. The Arbitrator will furnish a written award and statement after the hearing or, if no hearing was held, after any rebuttal or supplemental statements have been submitted. The statement will describe the findings and conclusions to base the award, including a calculation of the damages awarded. The award of the Arbitrator is final and binding upon the parties; you and the Company.
Starting an Arbitration. You understand and agree that all disputes will be handled on individual basis and will not be consolidated with any other matters or joined with any other cases or parties. To begin the arbitration process, you must complete a form provided in the AAA’s claim filing page, http://www.adr.org/fileacase. You must provide a copy of the form to the Company at Sieve’s Dispute Resolution Unit via email. Upon receipt of your arbitration claim, the Company may establish any counterclaims it may have against you or your claim. If you decide to pursue arbitration, you must initiate the process within the statute of limitations in your jurisdiction and within any deadline imposed by the AAA rules or within one year after such claim or cause of action arose, whichever comes first so that the claim is not forever barred. In addition, you are responsible for paying your portion of the fees set forth in the AAA’s fee schedule for consumer disputes. The Company will pay what it corresponds to the Company.
Evidence. Each party may offer evidence that is relevant and material to the claim or defenses, including but not limited to non-privileged information of the other party, to assist the Arbitrator in understanding and determining the basis of the dispute. Any evidence request by the Arbitrator or the party from which you are seeking an award, must be furnished within 10 days of the request or the Arbitrator’s appointment and in no event later than within the time allotted by the AAA rules. The Arbitrator will determine the admissibility, relevance and materiality of the evidence. Any request for extension or objections to submit the information requested should be submitted promptly to the Arbitrator or quick resolution.
Communications with the Arbitrator. The parties cannot communicate with the Arbitrator ex parte. Each party must include the other party when communicating with the Arbitrator. All communications, be it by telephone conference call or by written submissions, be it by mail or emails, must include the other party, by copying or including in a telephone conversation.
Confidentiality. All details related to an arbitration proceeding must remain strictly confidential; including the award granted by the Arbitrator, unless otherwise required by law. All information obtained in the arbitration process, including information obtained orally, will not be disclosed except in connection with the arbitration proceeding, which may include proceedings to enforce the award granted by the arbitration. Any permitted filling of confidential information must be done under seal.
Courts. If the circumstances of the claim require for the parties to litigate in court, the parties agree to submit to the personal jurisdiction of the courts of New York County, New York.
For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/ consumer arbitration.
Waiver of Trial by Jury and Waiver of Class or Consolidated Actions
BY USING THE PRODUCTS, YOU AGREE TO GIVE UP YOUR RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. Instead you agree to the above arbitration process described in the previous section of this agreement. Arbitration proceedings aim to provide the parties with an honest and just hearing in a fashion that is quicker and less formal than court proceedings. In the situation that litigation should arise between you and the Company in either federal or state courts to enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A TRIAL BY JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. All claims and disputes will be arbitrated on an individual basis; users will not jointly or consolidate any claims or dispute with those of other users. Your rights will be determined by the Arbitrator as described in the previous section.
Notices and Electronic Signatures
The Company may furnish you with notices, including those with regards to any changes to the Agreement, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Products, or other reasonable means currently know or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Agreement by accessing our Products in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Products in an authorized manner.
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID (if any) and/or contents within your account shall not be transferred or assigned by you, but may be assigned by the Company without restriction.