NuKixx Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) OF THE NUKIXX.COM WEBSITE (“SITE”) OWNED BY NUKIXX USA, LLC (“NUKIXX”). THIS SITE BEING SOLELY THE PROPERTY OF NUKIXX. PLEASE READ FOLLOWING STATEMENTS CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS, RESPONSIBILITIES, AND (TOGETHER WITH ALL THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW) FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND NUKIXX REGARDING YOUR USE OF THE SITE. YOUR COMPLIANCE WITH THE TERMS GRANTS YOU PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED PRIVILEGE TO ACCESS AND USE THE SITE. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITE AND OTHER SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE.
Sales of Products and Services:
End-Users Only/Resale Prohibited—This Site is intended only for sales to end-user customers who may purchase the NuKixx products for personal usage or as a gift. Products sold through the Site are not authorized for resale or export. The resale of a NuKixx product without the authorization of NuKixx is an infringement of NuKixx’s intellectual property rights. By submitting an order on NuKixx.com, you agree that you are not purchasing NuKixx products for resale.
Descriptions:
While we strive to provide accurate information on our product pages including *product descriptions, prices, shipping estimates, etc., * we do not warrant that Product descriptions or other content is accurate, complete or error free. Promotions and availability of products are subject to change, and we cannot confirm the availability or price of an item until you place your order. However, we reserve the right to correct pricing errors that may inadvertently occur (which may require us to revoke an offer). Your order is subject to cancellation by us, at our sole discretion.
Order Acceptance:
We reserve the right to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and regardless of whether or not the order has been confirmed. Some situations that may result in cancellation include:
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Limitations on quantities available for purchase
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Inaccuracies or errors in product/pricing information
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Problems perceived or identified as fraud
We may also require additional verifications or information before accepting any order. We will attempt to contact you if all or any portion of your order is canceled, or if additional information is required to accept your order. If we do cancel your order, we will refund you any amounts that you have been charged.
Payments:
We charge your card when the order is placed. You cannot make changes to your order after it has been placed.
Indirect Taxes:
This site is dedicated to sales to end-user customers and indirect taxes (VAT, GST or sales tax) included or assessed as appropriate. NuKixx provides a tax invoice to each end-user customer. If a duplicate copy of the tax invoice is needed, you may contact info@nukixx.com to request this.
Risk of Loss:
All purchases of products are made subject to a shipping contract. Risk of loss for purchases passes to you upon our delivery to the shipping carrier. You must notify us within 14 days of the date of your purchase if you believe any part of your purchase is missing, wrong, or damaged.
Ownership & Intellectual Property:
The Service and Content are protected by copyright, trademark, and other laws of the United States. Except as expressly provided in these Terms, NuKixx exclusively owns all rights, titles and interests in and to the Service and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.
All trademarks, service marks, logos, trade names and any other proprietary designations of NuKixx used herein are trademarks or registered trademarks of NuKixx.
You acknowledge that the Service or Content contain information, software, photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of our Site, applications and software and other material (collectively, the “Content”) protected by copyright, trademark and/or other proprietary rights of NuKixx. All Content on the Services is protected by applicable copyright laws. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. Users of the Services may use the Content only for their personal, noncommercial use.
Except as expressly permitted, you may not:
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Modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, adapt, aggregate, sell, transfer or in any way exploit any of the Content, code or Material (defined below), in whole or in part.
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Use any robot, spider, site search and/or retrieval application, or other device to crawl, scrape, database scrape, screen scrape, harvest, gather, extract, retrieve or index any portion of the Services.
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Use any text, code, image, audio, video, or other content from any portion of the Services.
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For data set creation, analysis, or manipulation (including activities sometimes called “data mining,” “text and data mining,” or “TDM”).
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In connection with the development or operation of any software program, including but not limited to any artificial intelligence or machine learning model, software, or process (such as training, fine-tuning, embedding, and the like), either directly or indirectly, including through a third party (including use of a third-party dataset created in any part by prohibited means).
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Content consisting of downloadable or web-based software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright.
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You may not under any circumstances:
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Probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures of the Service or any network connected to the Service.
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Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Service, or any other customer, including any account not owned by you, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service.
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Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Service or any service offered on or through the Service.
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Circumvent, disable or otherwise interfere with any security related features of the Services or the Content, including features that prevent or restrict use or copying, or that enforce limitations on use.
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Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
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Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
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Use the Service or any Content for any purpose that is unlawful or prohibited by these Terms of Use, to solicit the performance of any illegal activity, or for other activity that infringes our rights or others.
Disclaimer of Warranties; Limited Liability:
The Services and the Content are distributed on an “as is, as available” basis. None of NuKixx, third party vendors or content providers or their respective agents make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Services, any Content or any products or services sold through the Services.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER NUKIXX NOR ANY OTHER COMPANY OR INDIVIDUAL INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NUKIXX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE EXTENT NEW JERSEY LAW APPLIES TO YOU, THIS EXCLUSION OR LIMITATION OF LIABILITY DOES NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NUKIXX AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NUKIXX AND YOU.
Termination of Service:
NuKixx reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your access to the Services at any time by immediately ceasing use of the Services. Once your access terminates, you will have no right to use the Services. The terms of the Agreement shall survive any termination of your access. NuKixx may change, suspend or discontinue any and all aspects of the Services at any time, including the availability of any feature, database, or Content, without prior notice or liability.
No Submission of Unsolicited Ideas:
NuKixx does not accept unsolicited ideas of any kind, including ideas for: advertising; promotions; new products, technologies, processes, or materials; marketing plans; or product names. Please do not send us any such ideas or materials relating to such ideas. This is to avoid any potential misunderstanding or dispute should our products or marketing strategies seem similar to unsolicited ideas submitted to us. If, despite this request, you do send us any unsolicited ideas or materials, we make no assurances that such ideas or materials will be treated as confidential or proprietary.
Binding Arbitration:
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS.
As detailed herein, the Terms of Use mandate that all disputes between you and NuKixx be resolved first through an informal dispute resolution process. In the event informal resolution fails, the Terms of Use further mandate that all disputes (except those identified in Section 20.3) be formally resolved through binding arbitration. Binding arbitration means that an arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve such disputes. Consequently, you should read the entirety of Section 20 carefully as it may significantly affect your legal rights:
20.1 Informal Dispute Resolution.
For any and all disputes between you and NuKixx, the parties shall use their best efforts to settle informally the dispute, claim, question, or disagreement and to engage in good faith negotiations. Failure to engage in this process could result in the award of fees against you in arbitration.
To initiate informal dispute resolution, the initiating party must first send a written description of the dispute to the other party. For any dispute against NuKixx that you initiate, you agree to send to NuKixx (a) a written description of the dispute and (b) the email address(es) associated with your account through the following email address: info@nukixx.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. For any dispute that NuKixx initiates, we will send our written description of the dispute to the email address associated with your use of the Services.
If the parties’ dispute is not resolved within sixty (60) days after receipt of the written description of the dispute by a party, you and NuKixx agree to resolve any remaining dispute through the additional dispute resolution provisions set forth below.
A good faith engagement in informal dispute resolution shall be and is a prerequisite and condition precedent to either party initiating a lawsuit or arbitration. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
20.2 Binding Arbitration.
After the parties have engaged in a good-faith effort to resolve their dispute(s) in accordance with the Informal Dispute Resolution process (Section 20.1), and only if those efforts fail, then either party may initiate arbitration as set forth in this Section.
If you determine to initiate arbitration, a copy of the arbitration demand must be emailed to info@nukixx.com. If NuKixx is initiating arbitration, it will serve a copy of the demand to the email address associated with your use of the Services.
(a) Mutual Arbitration Agreement.
Except as set forth in Section 20.3 below, you and NuKixx agree that all claims, disputes, or disagreements that may arise out of or relating to the interpretation, applicability, enforceability, formation, or performance of these Terms of Use— including but not limited to any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees—shall be resolved exclusively through binding arbitration in accordance with this Section 26.2 (collectively, the “Arbitration Agreement”). The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Section 20.2.
This Arbitration Agreement is intended to be interpreted broadly, and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice opt-out provisions set forth in Sections 20.4 and 20.5.
This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and NuKixx expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
Except as set forth in Section 20.2(c) below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.
(b) WAIVER OF RIGHTS INCLUDING JURY TRIAL.
THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND NUKIXX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER.
YOU AND GOPRO ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS OTHERWISE SET OUT IN THIS SECTION 20.2(c) AND SECTION 20.2(e)(vi) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF GOPRO PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.
If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
If there is a final judicial determination that either the Class Arbitration and Collective Relief Waiver in this section, or that the provisions in this Section 20.2 are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court as provided herein, but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or NuKixx from participating in a class-wide settlement of claims.
(d) Arbitration Location.
Arbitration will take place in the county where you reside in the United States.
(e) The Arbitration Rules.
(i) The Provider.
The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.
Except as modified by this “Dispute Resolution” provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at http://www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.
You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 20 while such challenge remains pending before NAM the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
(ii) Arbitration Demand Must Contain Sufficient Information.
Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to these Terms of Use. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not a party to this Arbitration Agreement or to these Terms of Use.
(iii) Arbitration Conducted on Papers in Some Circumstances.
If the amount in controversy does not exceed $1,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents that you and NuKixx submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $1,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
(iv) Dispositive Motions.
Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.
(v) Batching.
To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with Section 20.2(e)(i) if NAM is unavailable) against NuKixx within reasonably close temporal proximity (“Mass Filing”), the parties agree (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for each batch; (C) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with 20.2(e)(i) if NAM is unavailable) in its discretion; (D) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (E) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by NuKixx and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (F) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.
Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the NAM rules, and the arbitrator will determine the location where the proceedings will be conducted.
You agree to cooperate in good faith with NuKixx and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and we agree that NAM may increase or decrease the batch size, or transfer a case between batches in the reasoned discretion of the NAM procedural arbitrator. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a NAM procedural arbitrator.
This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.
(vi) No Class or Consolidated Arbitration Absent Written Consent.
Unless NuKixx otherwise consents in writing, which it may do on a case-by-case basis, NuKixx does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in Section 20.2(c) and this Section 20.2(e)(vi).
(vii) Arbitration Award.
The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with Section 20.2(c) above, and also must be consistent with the terms of the “Limitation and Liability” section of these Terms of Use as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
20.3 Exceptions to Arbitration.
Notwithstanding the parties’ agreement to resolve all disputes through binding arbitration as set forth in Section 20.2:
(a) IP Disputes.
Either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, shall be exclusively brought in the state and federal courts located in Santa Clara County, California.
(b) Small Claims Court and Statutes of Limitation.
Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction.
Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may in fact be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.
(c) Jurisdiction/Service of Process.
For any dispute not subject to arbitration under this Section 20, you and NuKixx agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Santa Clara County, California. You further agree to accept service of process by U.S. or certified mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
20.4 30-Day Right to Opt Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice, signed by you, of your decision to opt-out to the following address: info@nukixx.com. The notice must be sent within 30 days of April 11, 2024 or your first use of the Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of Section 20.2. If you opt-out of the arbitration provisions, NuKixx also will not be bound by them.
If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If NuKixx changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Service 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of the Arbitration Agreement by providing notice as described in Section 20.4.
NuKixx will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms pursuant to the requirements set forth in that version. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Dispute Resolution” provisions by you and NuKixx.
20.5 Changes to this Section.
NuKixx will provide 30 days’ notice of the date of any material changes to this Section 20 by posting to the Services. Changes will become effective on the 30th day and apply to all claims not yet filed. If you continue to use the Services after the 30th day, you agree that any unfiled claims of which NuKixx does not have actual notice are subject to the revised clause.
General:
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances. These Terms of Use constitute the entire agreement between you and Nukixx with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and NuKixx with respect to such use are hereby superseded and void. NuKixx will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. NuKixx failure to enforce any term of this Agreement shall not constitute a waiver of that provision. No waiver shall be binding unless in writing and signed by NuKixx, and such waiver shall not be construed as a NuKixx waiver of any other or subsequent breach.
Limitation Period of Claims:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.