Common Sensing Terms of Use

Version 1

Effective Date: June 12th, 2017

Last Updated Date: June 12th, 2017

Please read this terms of use agreement (the “terms of use”) carefully. This agreement is a legal contract between you and common sensing.

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Common Sensing, Inc. (“Common Sensing” or “we” or “us”) operates a website (the “Site”), web application and cloud application programing interface (API) (collectively, “Platform”) and a mobile application (“Application”) that is a technology solution for users.The Site, Platform and Application allows users to monitor and manage their insulin usage, as well as provide remote coaching services related to their insulin usage (“Services,” together with the Site, the Platform and the Application, collectively, the “System”). These Terms of Use govern your (for the purposes of this Terms of Use you will be referred to as “you” or “User”) use of and access to the System.

By completing the registration process and/or accessing any component of the System (including without limitation the Site) or downloading Common Sensing’s Platform or Application, you represent that (1) you 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 Common Sensing, and (3) you have the authority to enter into the Terms of Use personally or on behalf of the company you have named as the user, and to bind that company to the Terms of Use. If you do not agree to be bound by the Terms of Use, you may not access or use the System.

We operate a website, a web app, an API, a mobile app, and associated services. We call those things the “System.”

By using the System, you agree to everything on this page. If you don't agree to these terms, you can't use the System.

The information provided through the System is not intended nor recommended as a substitute for professional medical advice. always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. nothing contained on this website is intended to be for medical diagnosis or treatment. Nothing contained in the System is intended to be for medical diagnosis or treatment.

The System doesn’t replace your doctor. If you want medical advice, call your doctor.

Always follow your doctor's instructions. Never use Gocap to make dosing decisions.

Section 12 of this agreement is an arbitration clause that requires most disputes between us to be resolved through binding and final arbitration instead of in court. see section 12 for more information regarding this arbitration clause, and how to opt out.

If we have a dispute, we will handle it in arbitration outside of the court process.

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 will control with respect to such Service. 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 common sensing in its sole discretion at any time. When changes are made, Common Sensing will notify you of any changes to the Terms of Use by posting the new Terms of Use here and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site or within the Application. We will also update the “Last Updated” date at the top of the Terms of Use. Common Sensing may require you to provide consent to the updated Terms in a specified manner before further use of the Site, the Platform, the Application and/or the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Site, the Platform, the Application and/or the Services. Otherwise, your continued use of the Site, the Platform, the Application and/or Services constitutes your acceptance of such change(s). Please regularly check the site to view the then-current terms.

We'll update these terms as necessary, and we can do that at any time.

1. Use of the Services and Common Sensing Properties.

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The Site, the Platform, the Application, the Services, and the information and content available on the Site and in the Application, the Platform and the Services (as these terms are defined herein) (collectively, the “Common Sensing Properties”) are protected by copyright laws throughout the world. Subject to the Terms, Common Sensing grants you a limited license to reproduce portions of Common Sensing Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Common Sensing in a separate license, your right to use any Common Sensing Properties is subject to the Terms.

1.1 Application license

Subject to your compliance with the Terms, Common Sensing grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

1.2 Common Sensing Software

Certain software (the “Software”) is embedded in the Common Sensing Platform and Application. At no time will Common Sensing provide you with a tangible copy of our Software. Any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. Subject to your compliance with the Terms, Common Sensing grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the System in the manner permitted by the Terms.

You’re allowed to use the System only for personal or internal business purposes.

You’ll run the App on your own phone or computer. If you download the App from Apple's App store, you’ll abide by Apple policies.

We don’t provide physical copies of our software. You won’t copy the software, and you’ll only use it in connection with the System.

1.3 Updates

You understand that Common Sensing Properties are evolving. As a result, Common Sensing may require you to accept updates to Common Sensing Properties that you have installed on your computer or mobile device. You acknowledge and agree that Common Sensing may update Common Sensing Properties with or without notifying you. You may need to update third-party software from time to time in order to use Common Sensing Properties.

We'll update our software sometimes. You might need to update other software to continue using the System.

1.4 Certain Restrictions

The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Common Sensing Properties or any portion of Common Sensing Properties; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Common Sensing Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Common Sensing Properties; (d) you shall not access Common Sensing Properties in order to build a similar or competitive product or service; and (e) except as expressly stated herein, no part of Common Sensing Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update or other addition to Common Sensing Properties shall be subject to the Terms. Common Sensing, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Common Sensing Properties terminates the licenses granted by Common Sensing pursuant to the Terms.

You won’t copy, sell, change, reverse engineer, “scrape,” imitate, or build on our stuff.

2. Registration

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2.1 Registering your account

In order to access certain features of Common Sensing Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Site or has an account with the provider of the Application for the User’s mobile device (“Account”).

You need to make an account to use some of the System.

2.2 Registration data

In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself (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 at least thirteen (13) years old (or such other minimum age of requirement as may be applicable in your jurisdiction) and not a person barred from using Common Sensing 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 may not share your Account or password with anyone, and you agree to notify Common Sensing immediately of any unauthorized use of your password or any other breach of security and exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Common Sensing has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Common Sensing has the right to suspend or terminate your Account and refuse any and all current or future use of Common Sensing Properties (or any portion thereof). 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. You agree not to create an Account or use Common Sensing Properties if you have been previously removed by Common Sensing, or if you have been previously banned from any Common Sensing Properties.

You’ll tell the truth on your registration form and you’ll only use your account for your own access. If we remove your account, you won’t create a new one.

2.3 Your Account

Notwithstanding anything to the contrary herein, you acknowledge and agree that you will have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Common Sensing.

Common Sensing owns everything inside our System, including your user account.

2.4 Necessary Equipment and Software

Except for any equipment you receive as part of the Services, you must provide all equipment and software necessary to connect to Common Sensing Properties, including but not limited to, a mobile device that is suitable to connect with and use Common Sensing Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Common Sensing Properties.

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Electricity, internet, computer, cell phone, etc. is on you (unless we gave you a cell phone).

3. Ownership

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3.1 Common Sensing Properties

You agree that Common Sensing, its licensors and suppliers own all rights, title and interest in Common Sensing Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, the Services, or Common Sensing Properties.

3.2 Trademarks

, , and other related graphics, logos, service marks and trade names used on or in connection with Common Sensing Properties or in connection with the Services are the trademarks of Common Sensing and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Common Sensing Properties are the property of their respective owners.

We own our trademarks and logos. Please don’t mess with the brand markings or notices on our stuff.

3.3 Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to Common Sensing through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Common Sensing has no obligations (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 Common Sensing a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub licensable 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 Common Sensing Properties.

If you submit feedback to us, we can do what we want with it.

4. Application

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4.1 App Stores.

You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and Common Sensing and not with the App Store. Common Sensing, not the App Store, is solely responsible for Common Sensing Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Common Sensing Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Common Sensing Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

4.2 Accessing and Downloading the Application from Apple App Store

The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

(a) You acknowledge and agree that (i) the Terms are concluded between you and Common Sensing only, and not Apple, and (ii) Common Sensing, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Common Sensing and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Common Sensing.

(d) You and Common Sensing acknowledge that, as between Common Sensing and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e) You and Common Sensing acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Common Sensing and Apple, Common Sensing, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.

(f) You and Common Sensing acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

(g) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Our app is available through the Apple App Store or Google Play app store, which have their own rules you have to agree to.

5. Privacy

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By downloading, installing, and/or using the Common Sensing Properties, you acknowledge and agree that Common Sensing will collect, use, and disclose data relating to your use of the Common Sensing Properties in accordance with Common Sensing’s privacy policy available in the Application.

Using our System means you've agreed to the Privacy Policy.

6. Idemnification

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You agree to indemnify and hold Common Sensing, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Common Sensing Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, Common Sensing Properties; (b) your violation of the Terms; (c) your violation of any rights of another party, including any Users; or (d) your violation of any applicable laws, rules or regulations. Common Sensing reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Common Sensing in asserting any available defenses. This provision does not require you to indemnify any of the Common Sensing Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Common Sensing Properties.

If we're held liable (or threatened with liability) over you using our System, or you breaking the rules, any laws, or someone else's rights, you'll reimburse us for that liability (including reasonable attorneys’ fees).

7. Disclaimer of Warranties

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You expressly understand and agree that to the extent permitted by applicable law, your use of common sensing properties is at your sole risk, and common sensing properties are provided on an “as is” and “as available” basis, with all faults. Common Sensing 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 site. Common Sensing makes no warranty, representation or condition with respect to services, including but not limited to, the quality, effectiveness, reputation and other characteristics of services. no advice or information, whether oral or written, obtained from common sensing or through common sensing properties will create any warranty not expressly made herein. Common Sensing parties make no warranty, representation or condition that: (1) Common Sensing properties will meet your requirements; (2) your use of common sensing properties will be uninterrupted, timely, secure or error-free; (3) information made available through Common Sensing properties is up-to-date, accurate, or reliable; or (4) any errors in common sensing properties will be corrected. Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the foregoing disclaimers may not apply to you, and you might have additional rights.

Use at your own risk. There's no warranty for the System (subject to applicable law).

8. Limitation of Liability

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8.1 Disclaimer of Certain Damages

You understand and agree that in no event will Common Sensing parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection with common sensing properties, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, whether or not common sensing 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 Common Sensing properties, on any theory of liability, resulting from: (1) the use or inability to use Common Sensing properties; (2) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained or messages received for transactions entered into through Common Sensing properties; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on common sensing properties; or (5) any other matter related to Common Sensing Properties, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory. The foregoing cap on liability will not apply to liability of a common sensing party for (a) death or personal injury caused by a common sensing party’s negligence; or for (b) any injury caused by a Common Sensing party’s fraud or fraudulent misrepresentation.

Our potential liability under these Terms is very limited.

8.2 Cap on liability

Under no circumstances will common sensing parties be liable to you for more than one hundred dollars ($100.00). the foregoing cap on liability will not apply to liability of a common sensing party for (a) death or personal injury caused by a common sensing party’s negligence; or for (b) any injury caused by a common sensing party’s fraud or fraudulent misrepresentation.

Our maximum liability to you under these terms is $100.

8.3 Content

Except for common sensing’s obligations to protect your personal data as set forth in the common sensing’s privacy policy, common sensing assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content.

We aren't responsible for receiving, storing or retrieving your content saved on our System.

8.4 Basis of the Bargain

The limitations of damages set forth above are fundamental elements of the basis of the bargain between common sensing and you.

The terms of this section 8 are really important. We won’t agree to let you use the System unless you agree to this section in particular.

9. Remedies

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In the event that Common Sensing determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Common Sensing Properties, Common Sensing reserves the right to: (a) warn you via e-mail (to any e-mail address you have provided to Common Sensing) that you have violated the Terms; (b) discontinue your registration(s) with the any of Common Sensing Properties, including any Services or any Common Sensing community; and (c)) pursue any other action which Common Sensing deems to be appropriate.

If you break the rules, we can warn you, suspend or delete your account, or take other action we feel is appropriate.

10. Term and Termination

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10.1 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 Common Sensing Properties, unless terminated earlier in accordance with the Terms.

These terms start when you use any part of the System, and continue for as long as that use continues.

10.2 Termination of Services by Common Sensing.

Common Sensing has the right to, immediately and without notice, suspend or terminate any Services provided to you, if you have materially breached any provision of the Terms, or if Common Sensing is required to do so by law (e.g., where the provision of the Site, the Platform, the Application, or the Services is, or becomes, unlawful). You agree that all terminations for cause will be made in Common Sensing’s sole discretion and that Common Sensing will not be liable to you or any third party for any termination of your Account.

We can close your account if you break the rules, or if we're legally required to.

10.3 Termination of Services by You.

If you want to terminate the Services provided by Common Sensing, you may do so by (a) notifying Common Sensing at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Common Sensing’s address set forth below.

If you want out of using our services, you can delete your account or contact us to do it for you.

10.4 Effect of termination.

Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information and files associated with or inside your Account (or any part thereof). Upon termination of any Service, your right to use such Service will automatically terminate immediately. All provisions of the Terms which by their nature should survive, will survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

If a service is terminated, you won’t access it anymore.

10.5 No Subsequent Registration

If your registration(s) with or ability to access Common Sensing Properties is discontinued by Common Sensing, you agree that you will not attempt to re-register with or access Common Sensing Properties or any Common Sensing community through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Common Sensing 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.

If Common Sensing deletes or suspends your account, you won’t create an alternate account to get around us.

11. International users

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Common Sensing Properties can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that Common Sensing intends to announce such Common Sensing Properties in your country. Common Sensing Properties are controlled and offered by Common Sensing from its facilities in the United States of America. Common Sensing makes no representations that Common Sensing Properties are appropriate or available for use in other locations. Those who access or use Common Sensing Properties from other countries do so at their own volition and are responsible for compliance with local law.

We are a US-based company and our System is meant to be used inside the US. If you use it from outside of the US, you’re solely responsible for complying with local law.

12. Dispute resolution

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Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Common Sensing and limits the manner in which you can seek relief from us.

12.1 Applicability of Arbitration Agreement

You agree that any dispute or claim relating in any way to your access or use of the Site or to any aspect of your relationship with Common Sensing will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Common Sensing may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

If you agree to arbitration with common sensing, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against common sensing alleging class, collective, and/or representative claims on your behalf. instead, by agreeing to arbitration, you may bring your claims against the common sensing in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this agreement, including this arbitration agreement.

12.2 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 claim to our registered agent [include name and address of registered agent here]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at 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, Common Sensing will pay them for you. In addition, Common Sensing will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Common Sensing will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

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.

12.3 Authority of Arbitrator

The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim 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 Common Sensing. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will 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 the Agreement (including the Arbitration Agreement). The arbitrator will 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.

12.4 Waiver of Jury Trial.

Tou and common sensing 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 Common Sensing are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 12.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement 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.

12.5 Waiver of Class or Consolidated Actions

All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class 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. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in Section 13.7.

12.6 30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Common Sensing, 288 Norfolk Street, Suite 2B, Cambridge, MA 02139, within 30 days after first becoming subject to this Arbitration Agreement, or by sending such written notice via email to team@common-sensing.com. Your notice must include your name and address, your Common Sensing username (if any), the email address you used to set up your Common Sensing account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

12.7 Severability

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 will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.

12.8 Survival of Agreement

This Arbitration Agreement will survive the termination of your relationship with Common Sensing.

12.9 Modification

Notwithstanding any provision in this Agreement to the contrary, we agree that if Common Sensing makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Common Sensing.

We use arbitration as a way to resolve any disputes more quickly and easily. The two exceptions are individual claims in small claims court, and applying for a restraining order for IP infringement.

We use the JAMS’s rules for arbitration.

There is no judge or jury in arbitration, and the arbitrator's judgement will be final.

You can opt out out within 30 days by contacting us.

13. General provisions.

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13.1 Electronic Communications

The communications between you and Common Sensing use electronic means, whether you visit Common Sensing Properties or send Common Sensing e-mails, or whether Common Sensing posts notices on Common Sensing Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Common Sensing in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Common Sensing provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

We'll contact you electronically sometimes (for example, sending you an email to help you reset your password).

If we send you something (like a notice), electronic messages still count as "in writing" for legal purposes.

13.2 Release

You hereby release Common Sensing 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 use of Common Sensing Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Common Sensing Properties. 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.”

Use at your own risk. Common Sensing isn't responsible for anything bad that happens.

13.3 Assignment

The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Common Sensing’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

You can’t transfer these terms of use from yourself to someone else.

13.4 Force Majeure

Common Sensing will 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.

If something crazy happens that we can't control, and we can't uphold our end of the deal because of it, we get a free pass until the situation returns to normal.

13.5 Questions, Complaints, Claims

If you have any questions, complaints or claims with respect to Common Sensing Properties, please contact us at: team@common-sensing.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.

13.6 Exclusive Venue

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Common Sensing agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in the State of Massachusetts.

13.7 Governing Law and Jurisdiction

The terms and any action related thereto will be governed and interpreted by and under the laws of the Commonwealth of Massachusetts, 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.

13.8 Notice

Where Common Sensing requires that you provide an e-mail address, you are responsible for providing Common Sensing with your most current e-mail address. In the event that the last e-mail address you provided to Common Sensing is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Common Sensing’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Common Sensing at the following address: 288 Norfolk Street, Suite 2B, Cambridge, MA 02139. Such notice will be deemed given when received by Common Sensing by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

Massachusetts law applies, since that's where we are. Our address is:

288 Norfolk St
Suite 2B
Cambridge, MA 02139

Feel free to email us anytime.

We will send notices to your email address. Please keep it updated to make sure you recieve any messages we send you.

13.9 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.

If one of us breaks this agreement and the other lets it slide, the other can still raise a legal claim about a similar break anytime if it happens again.

13.10 Severability

If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.

If part of this agreement doesn't hold up legally, the rest of it stays in effect.

13.11 Export Control

You may not use, export, import, or transfer Common Sensing Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Common Sensing Properties, and any other applicable laws. In particular, but without limitation, Common Sensing Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Common Sensing Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Common Sensing Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Common Sensing are subject to the export control laws and regulations of the United States. You will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Common Sensing products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

The US has rules about what countries we can export to. You agree to follow those rules.

13.12 Consumer Complaints

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800)-952-5210.

If you live in California and have a complaint, you can get in touch with the California Department of Consumer Affairs about it.

13.13 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.

There aren't any previous agreements between us, and if there are, these terms replace them completely.

End of Terms