Parsec Terms Of Service
Last revised on: March 30, 2018
These Terms ARE legally binding AND govern your use of the PARSEC PROPERTIES. By accessing or using the PARSEC PROPERTIES, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the authority and capacity to DO SO. you may not access or use the PARSEC PROPERTIES if you are not at least 18 years old or the age of majority in the jurisdiction from which you are accessing the PARSEC PROPERTIES (or are at least 13 years old and have your parent or legal guardian’s consent). If you do not agree to comply with these Terms, do not access and/or use the PARSEC PROPERTIES.
SECTION 12.2 of These terms requires the use of arbitration on an individual basis to resolve disputes ARISING OUT OF THESE TERMS, rather than jury trials or class action LAWSUITS, and also limitS the remedies available to you in the event of a dispute.
- 1.1Account Creation. In order to access certain Parsec Properties, you must register for an account (“Account”) and provide certain information about yourself. You represent and warrant that: (a) all Account information you submit is truthful and accurate, and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, from the “Account” page on the Site. Parsec may suspend or terminate your Account in accordance with Section
- 1.2Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to immediately notify Parsec of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Parsec cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1.2.
- Parsec Properties
- 2.1License. Subject to these Terms, Parsec grants you a non-transferable, non-exclusive, revocable, limited license to use, access, and download (as applicable) the Parsec Properties for your own personal, noncommercial use, including to make your computer available to other individuals on a hosted basis, on computer equipment that you own or control, solely to stream content that you own. Some Software (or any elements thereof) may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
- 2.2Updates. You understand that Parsec Properties are evolving. As a result, Parsec may require you to accept updates to Parsec Properties that you have installed on your computer or mobile device. You acknowledge and agree that Parsec may update Parsec Properties with or without notifying you. You may need to update third-party software from time to time in order to use Parsec Properties.
- 2.3Restrictions. The license granted in Section 2.1 is subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, or commercially exploit the Parsec Properties, in whole or in part, or any content displayed on the Parsec Properties; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Parsec Properties; (c) you will not access Parsec Properties in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Parsec Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Parsec Properties will be subject to these Terms. All copyright and other proprietary notices on the Parsec Properties (or on any content displayed on the Parsec Properties) must be retained on all copies thereof.
- 2.4Modification. Parsec reserves the right, at any time, to modify, suspend, or discontinue all or any elements of the Parsec Properties (in whole or in part) with or without notice to you. You agree that Parsec will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
- 2.5No Support or Maintenance. You acknowledge and agree that Parsec will have no obligation to provide you with any support or maintenance in connection with the Parsec Properties.
- 2.6Third-Party Materials. As a part of Parsec Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Parsec to monitor such materials and that you access these materials at your own risk
- 2.7Ownership. Excluding any User Content (defined below) that you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Parsec Properties and their content are owned by Parsec or Parsec’s suppliers. Neither these Terms nor your access to the Parsec Properties transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited license in Section 2.1. Parsec and its suppliers reserve all rights not granted in these Terms.
- 2.8App Stores. You acknowledge and agree that the availability of any Parsec mobile application 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 Parsec and not with the App Store. Parsec, not the App Store, is solely responsible for the Parsec Properties, 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 Parsec Properties, 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 the Parsec Properties. You agree to comply with, and your license to use the Parsec Properties is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Parsec Properties. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
- User Content
- 4.1User Content. “User Content” means any information and content that a user submits to, or uses with, the Parsec Properties (including content streamed through the Software and content submitted to message boards and equivalent areas of the Site). You are solely responsible for your User Content, including owning copies of all games that you host via the Software. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not and will not violate the Acceptable Use Policy in Section 3, and that you are either the creator and owner of the User Content or have sufficient right and authority to make your User Content available as contemplated by these Terms, including to stream the User Content through the Software. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Parsec. Unless otherwise specified with respect to a particular Parsec offering, Parsec is not obligated to backup any User Content, and your User Content, to the extent stored on Parsec equipment, may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
- 4.2License. To the extent that you provide User Content to Parsec (in connection with reviews, communications with other members, message boards, etc.), you hereby grant (and represent and warrant that you have the right to grant) Parsec an irrevocable, non-exclusive, royalty-free and fully-paid-up, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit such User Content, and to grant sublicenses of the foregoing rights, in connection with the operation and improvement of the Parsec Properties. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. For the sake of clarity, Parsec does not, and will not (unless required by law) share User Content streamed over the service with any third parties.
- 4.3Acceptable Use Policy.
- You will not use Parsec Properties to collect, upload, transmit, display, stream, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (v) that you do not have the right to so collect, upload, transmit, display, stream, or distribute.
- In addition, you agree not to: (i) upload, transmit, or distribute to or through the Parsec Properties any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Parsec Properties unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use Parsec Properties to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Parsec Properties, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Parsec Properties (or to other computer systems or networks connected to or used together with the Parsec Properties), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Parsec Properties; or (vi) use software or automated agents or scripts to produce multiple accounts on the Parsec Properties, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
- Parsec takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Parsec liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in User Content when using the Parsec Properties. Your use of the Parsec Properties is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Parsec Properties will not contain any content that is prohibited by these Terms.
- 4.4Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 10, and/or reporting you to law enforcement authorities.
- 4.5Feedback. If you provide Parsec with any feedback or suggestions regarding the Parsec Properties (“Feedback”), you hereby assign to Parsec all rights in such Feedback and agree that Parsec will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Parsec will treat any Feedback you provide to Parsec as non-confidential and non-proprietary. You agree that you will not submit to Parsec any information or ideas that you consider to be confidential or proprietary.
- Cloud Gaming Marketplace
- 5.1Fees. If you rent a gaming PC from our Cloud Gaming Marketplace (“Rental”), you can choose which third-party server to use and you will be responsible for payment of the applicable fee for the Rental as detailed in the price and charges FAQ here. All Rental fees are non-refundable.
- 5.2Payment. Rental users agree to pay the applicable fees for their Rental via Stripe or another third party payment services provider used by Parsec. Any agreement you have with your payment provider will govern your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
- 5.3Billing Authorization. You will be required to provide a credit, charge or debit card number from a card issuer that we accept in order to activate your Rental – your authorizations in this section also apply to our third party payment processor and any other company who acts as a billing agent for us. You hereby authorize us to charge your specified payment method, and to charge in advance for any Rental, and/or to place a hold on your payment method with respect to any unpaid charges for Rentals. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Parsec, nor any Parsec agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
- 5.4Third-Party Payment Processors. You agree to pay us, through our payment processors, all charges at the prices then in effect for any Rental (or other purchase made through the Parsec Properties, as applicable) in accordance with the applicable payment terms presented to you at the time of the transaction. You agree to make payment using the payment method you provide when you sign up for a Rental or payment. We reserve the right to correct, or to instruct our payment processor to correct, any errors or mistakes, even if payment has already been requested or received
- Indemnification. You agree to indemnify and hold Parsec (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Parsec Properties, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Parsec reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any indemnifiable matter without our prior written consent. Parsec will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Other Users
- 7.1Access and Security. The Software allows users to share access to their computers in order to stream content. You are responsible for the User Content you make available via the Software as set forth in Section 4, and you are responsible for determining the appropriate access settings to your computer running the Software for individuals you invite to access your computer using the Parsec Properties. THE SOFTWARE FUNCTIONS BY ALLOWING GUESTS ACCESS TO CERTAIN FUNCTIONS OF THE HOST COMPUTER, SUCH AS THE MOUSE AND KEYBOARD. THE DEFAULT SOFTWARE SETTING RESTRICTS GUEST ACCESS TO ONLY THOSE FUNCTIONS NECESSARY FOR THE PROPER PERFORMANCE OF THE SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATE LEVEL OF ACCESS TO YOUR COMPUTER, AND FOR ANY CONSEQUENCES, INCLUDING LOSS OF DATA, VIRUS OR MALWARE INFECTION, UNAUTHORIZED USE, OR OTHER ACTS OF INDIVIDUALS WHO YOU ALLOW TO ACCESS YOUR COMPUTER THROUGH THE SOFTWARE.
- 7.2Responsibility. Parsec does not monitor and is not responsible for any User Content that is streamed over the Parsec Properties or any loss or damage that results from its use to share computers. Each user is solely responsible for his or her own User Content. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users are solely between you and such users. You agree that Parsec will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.
- 7.3Release. You hereby release and forever discharge Parsec (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Parsec Properties (including any interactions with, or act or omission of, other users). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- 8.1THE PARSEC PROPERTIES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND PARSEC (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE PARSEC PROPERTIES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PARSEC PROPERTIES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
- 8.2SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Limitation on Liability
- 9.1TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PARSEC (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, PARSEC PROPERTIES, EVEN IF PARSEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PARSEC PROPERTIES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
- 9.2TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO $100. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
- 9.3SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use any Parsec Property. We may suspend or terminate your rights to use the Parsec Properties (including your Account) at any time for any reason at our sole discretion, including for any use of the Parsec Properties in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Parsec Properties will terminate immediately. Termination of your Account may involve deletion of User Content associated with your Account. Parsec will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following Sections will remain in effect: 2.3, 7, 4, 6, 7.3, and 8 through 12.
- Copyright Policy.
Parsec respects the intellectual property of others and asks that users of the Parsec Properties do the same. In connection with the Parsec Properties, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Parsec Properties who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of the Parsec Properties, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Parsec is: Benjy Boxer
Address of Agent: 115 Broadway, 5th Floor, New York, NY 10006
Telephone: (929) 277-7485
Email: [email protected]
- 12.1Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on this page and elsewhere in the Parsec Properties. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on this page and in the Parsec Properties. These changes will be effective immediately for new users of the Parsec Properties. Continued use of the Parsec Properties following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
- 12.2Dispute Resolution. Please read this Section 12.2 (the “Arbitration Agreement”) carefully. It is part of your contract with Parsec and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Parsec that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Parsec, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Parsec should be sent to: 115 Broadway, Floor 5, New York, NY 10006. After the Notice is received, you and Parsec may attempt to resolve the claim or dispute informally. If you and Parsec do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules. Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree on an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Parsec made to you prior to the initiation of arbitration, Parsec will pay you the greater of the award or $2,500.00. Each party will bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.
- Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
- Time Limits. If you or Parsec pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
- Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Parsec, and the dispute 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 may award monetary damages, and grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. 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 Parsec.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Parsec in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND PARSEC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
- Confidentiality. All aspects of the arbitration proceeding, including the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part of this Arbitration Agreement are found to be invalid or unenforceable by a court of competent jurisdiction, 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.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Parsec.
- Small Claims Court. Notwithstanding the foregoing, either you or Parsec may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets will not be subject to this Arbitration Agreement.
- In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the state and federal courts located within New York County, New York, for such purpose.
- 12.3Export. The Parsec Properties may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Parsec, or any products utilizing such data, in violation of the United States export laws or regulations.
- 12.4Disclosures. Parsec is located at the address in Section 12.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
- 12.5Electronic Communications. The communications between you and Parsec use electronic means, whether you use the Parsec Properties or send us emails, or whether Parsec posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive electronic communications from Parsec; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Parsec provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
- 12.6Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Parsec Properties. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. The word “may” means “has the right, but not the obligation, to”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Parsec is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Parsec’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Parsec may freely assign these Terms. The terms and conditions set forth in these Terms will be binding upon assignees.
- 12.7Copyright/Trademark Information. Copyright © 2016-18 Parsec Cloud, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- 12.8Contact Information:
Parsec Cloud, Inc.
Address: 115 Broadway, Floor 5, New York, NY 10006
Telephone: (929) 277-7485
Email: [email protected]