Advisely
        

Terms Of Use

Account

Each person can only have one account per residence, and you may not share your account password with anyone else. We recommend you use your real name, not a pseudonym. If you are under 13 years old, do not use our services or provide any data to us.


We can terminate or suspend your account or other privileges, or otherwise refuse service to you, if you violate this agreement or our other policies, infringe IP repeatedly, or otherwise engage in behavior that we think harms an Advisely neighborhood.

 

Liability Limits

We shall not be liable for any lost profits or special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the Advisely service, our software or this agreement. We shall not be liable to you for more than $100. Some jurisdictions do not allow damages exclusions, so they may not apply to you.


To the maximum extent permitted by applicable law, Apple does not have any warranty obligation with respect to the Advisely iPhone app. Apple is not responsible for addressing any claims by you or any third party relating to the Advisely iPhone app or your possession or use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the Advisely iPhone app does not conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) any infringement of a third party’s intellectual property rights.

 


Governing Law/Arbitration


(a) This agreement is governed by New Jersey law as it applies to agreements entered into and to be performed entirely within New Jersey between New Jersey residents.


(b) Any disputes or claims between you and Advisely shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.


(c) EITHER OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ADVISELY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER ADVISELY MEMBERS.


(d) The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this agreement. You can find the AAA's rules, and a form for initiating arbitration proceedings, at www.adr.org.


(e) The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Advisely may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Advisely (subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant). Attendance at an in-person hearing may be made by telephone unless the arbitrator requires otherwise.


(f) The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator is not bound by rulings in prior arbitrations involving different Advisely users but is bound by rulings in prior arbitrations involving the same Advisely user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.


(g) Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules except as expressly stated otherwise. If the value of the relief sought is $10,000 or less, at your request, Advisely will pay all filling, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Advisely should be submitted by mail to the AAA along with your Demand for Arbitration, and Advisely will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Advisely will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines that your claims are frivolous, you agree to reimburse Advisely for all fees associated with the arbitration paid by Advisely on your behalf that you otherwise would be obligated to pay under the AAA's rules.


(h) Except with respect to subsection (c) of this Section, if a court decides that any part of this arbitration section is invalid or unenforceable, the other parts of the arbitration section shall still apply. If a court decides that any provision in subsection (c) is invalid or unenforceable, then the entire arbitration provision shall be null and void (but subsections (a) and (j) shall remain in effect).

 


Integration

This agreement and our privacy policy (which is hereby incorporated into this agreement) constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters. We can amend this agreement or the privacy policy by posting an amendment notice in your neighborhood’s news feed, which means we’ll also send a message to you unless we let you opt-out of such notifications and you’ve done so; and you can deactivate your account if you disagree with the new terms. Otherwise, this agreement may be amended only by a writing physically signed by both us and you.

Apple, its subsidiaries and our other suppliers are third-party beneficiaries of this agreement, but no one else is. Without limiting the foregoing, (1) upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third party beneficiary, and (2) Apple is not a party to this agreement and is not responsible for the Advisely iPhone app or its contents.

 


No Warranty

ADVISELY AND THE ASSOCIATED SOFTWARE AND SERVICES ARE PROVIDED “AS IS.” We do not promise that any aspect of our software or service will work properly or continuously. Some jurisdictions do not allow warranty exclusions, so they may not apply to you.

If you have a dispute with a neighbor, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 


General

This agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible, and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our control. You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S. Government list of prohibited or restricted parties.


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