Intel – Fall – Win a Gaming PC (ARV $1660USD).

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Intel Offer termsEFFECTIVE DATE: May 18, 2018

Intel® Fall Sweepstakes Official Rules

No purchase necessary to enter or win. The Intel® Fall Sweepstakes is open only to legal residents of the 50 United States and Washington, D.C., who are 18 or older as of date of entry. Void in Quebec and where prohibited by law.

1. Sweepstakes Period: The Intel® Fall Sweepstakes (the “Sweepstakes”) begins at 12:00 a.m. Eastern Time (“ET”) on November 19, 2020 and ends at 11:59 p.m. ET on February 18, 2021 (the “Sweepstakes Period”).
2. Eligibility: Open to legal residents of the fifty (50) United States and Washington D.C., who are at least 18 years of age as of date of entry. Employees of Intel (“Sponsor”), Votigo, Inc. (“Administrator”) and their respective parent, affiliated companies, agents, and the immediate family (defined as parents, spouse, children, siblings, grandparents) of each of such employees, and all those with whom such employees are domiciled, are NOT eligible. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.
3. Sponsor/Administrator:The Sweepstakes is sponsored by Intel, Inc., 2200 Mission College Blvd, Santa Clara, CA 95054. The Sweepstakes is administered by Votigo, Inc., 1630 30th St., STE A #593, Boulder, CO 80301.
4. How To Enter: During the Sweepstakes Period, visit gameplay.intel.com (“Website”). Look for the Sweepstakes banner and follow the instructions to complete the online entry form to receive one (1) entry into the Sweepstakes (the “Sweepstakes Entry”). Limit of one (1) Sweepstakes Entry per person. All participants must comply with these Official Rules and any registration instructions in order to be eligible. More than one (1) Sweepstakes Entry from any person will void all Sweepstakes Entries for that person that day. Use of computer programs and other automatic means to participate is prohibited. Sweepstakes Entries generated by script or bot are not eligible.
Bonus Entries: Upon completion of your Sweepstakes Entry, entrants may invite friends to the Website to complete a registration form and receive one additional Sweepstakes Entry for each friend invited that subsequently enters the Sweepstakes (“Bonus Entries”). Limit up to fifty (50) bonus entries. Sweepstakes Entries and bonus entries together shall herein be referred to as entries (“Entries”).
Incomplete, corrupted, or untimely Entries are void and will be disqualified. Sponsor and its agencies are not responsible for late, incomplete or misdirected Entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Consequently, Sponsor and its agencies are not liable in the event your Sweepstakes Entry is not captured due to the aforementioned reasons. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter/play will be deemed to be the entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.

Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different email addresses, Facebook account ID’s, identities, registrations and logins, or any other methods will void such Entries and that entrant may be disqualified. Use of any automated or computer system to participate is prohibited and will result in disqualification.
Normal Internet access and usage charges imposed by your online service may apply. If entering via mobile device, normal phone and usage charges imposed by your phone service may apply. Standard data rates may apply if entering via mobile device.

5. Notification of Winners:The Grand Prize Winners will be notified by email from this email address: support@intel.com. If the prize/prize notification is returned undeliverable, or in the event that the potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible Entries received throughout the Sweepstakes Period.
Potential winners are subject to verification by Sponsor and/or Administrator, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. An entrant is not a winner of a prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete.

6. Sweepstakes Random Drawings: Three (3) Grand Prize winners will be selected in a random drawing from among all eligible Entries received in the Sweepstakes Period. The random drawings will be conducted by the Administrator; an independent judging organization whose decisions are final on all matters relating to the drawing. The odds of winning are based on the number of eligible Entries received in the Sweepstakes Period.
7. Sweepstakes Prizes and Approximate Retail Value (“ARV”): Grand Prizes: Three (3) Grand Prizes will be awarded. The Grand Prize consists of a Gaming PC (ARV: $1,660USD). Limit: One (1) prize per person during the Sweepstakes Period.

Prizes cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make an equivalent prize substitution at its sole discretion if any advertised prizes become unavailable.

8. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor and their agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected Entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor or Administrator. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Warning: Any attempt by an entrant or any other individual to deliberately damage any web site associated with this Sweepstakes or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to prosecute and seek damages from any such person to the fullest extent permitted by law. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the Entry process, the Website, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect Entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award Grand Prizes from among the eligible, non-suspect Entries received during the Sweepstakes Period up to the time of the impairment.

9. Release and Limitations of Liability: By participating in this Sweepstakes, entrants agree that Sponsor and each of their affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotions; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of Entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of a prize.
By participating in this Sweepstakes, entrants agree that the Released Parties will have no liability whatsoever for, and shall be held harmless by entrants against, any liability for any injuries, losses or damages of any kind to persons, including, without limitation, personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, Entry, or participation in this Sweepstakes or in any Sweepstakes related activity, use of gameplay.intel.com or the downloading from and/or printing material downloaded from said or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. The Released Parties are not responsible if Sweepstakes cannot take place or if the prizes cannot be awarded due to delays or interruptions, acts of God, acts of war, natural disasters, weather or acts of terrorism
Without limiting the foregoing, everything regarding this Sweepstakes, including, without limitation, the above Website and the prize, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.

10. Publicity. Except where prohibited by law, winner grants to Sponsor and those acting pursuant to its authority, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner’s name, portrait, picture, voice, likeness, Entry and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification. Entrants agree that Sponsor shall own Entries, which will not be acknowledged or returned, and that Sponsor and its designees shall have the perpetual, worldwide right to edit, publish, and use the Entries in any way and in any media for trade, advertising, promotional, and/or other purposes as Sponsor and/or its designees may determine without further consideration to entrants or any third party.
11. Disputes. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes (excluding any and all disputes, claims and causes of action arising out of or connected with the prizes awarded in the Sweepstakes or the use or misuse thereof) shall be resolved individually, without resort to any form of class action, and exclusively by the United States Court for Delaware or the appropriate State Court located in Delaware; (2) any and all disputes, claims and causes of action arising out of or connected with the prizes awarded in the Sweepstakes or the use or misuse thereof shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts located in New Castle County, Delaware; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of Delaware, without giving effect to any choice of law or conflict of law rules (whether of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Delaware.
12. Privacy: Information collected from entrants is subject to Intel’s Privacy Policy, which can be found at http://www.intel.com/content/www/us/en/privacy/intel-privacy-notice.html.

13. Winners List: Winners List: For the names of the winners, available after February 18, 2021, for a period of at least 30 days, email support@votigo.com with an email subject of “ Intel® Fall Sweepstakes Winner List”.

TALKABLE REFERRAL PROGRAM
TERMS OF SERVICE
EFFECTIVE DATE: May 18, 2018

1. INTRODUCTION
Thank you for using Talkable! These Terms of Service (“Terms”) cover your rights and obligations relating to your access and use of the Talkable website, your participation in the Talkable Referral Program (as defined below), and any other related services provided by us (collectively, the “Service”). All references to “we”, “us”, “our”, or “Talkable” refer to Curebit Inc., d/b/a Talkable, a Delaware corporation. All references to “Advocate” refer to the person referring a particular merchant offer, discount, or perk (the “Offer”) All references to “Friend” refer to the party receiving the Advocate’s referral of the Offer. All references to “you”, “your”, or “user” refers to all users of the Talkable Referral Program, whether they are Advocates or Friends. In addition to these Terms, please review the
Talkable Privacy Policy
which describes our practices related to collection and use of your information to provide the Service. These Terms apply to our Privacy Policy as well and both these Terms and our Privacy Policy comply with the requirements of the EU General Data Protection Regulation (“GDPR”). By using the Service, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.
PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.

Do not hesitate to contact us at
platform@talkable.com
if you have any questions or want to discuss these Terms.

2. AGE POLICY; PERMITTED USERS

The Service is not intended to be used by children under 16 years of age. By using the Service, you represent to Talkable that you are over 16 years old and that you are legally able to enter into this Agreement. We do not knowingly collect or solicit personally identifiable information from anyone under 16; if you are under 16, please do not use or attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from anyone under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at
platform@talkable.com.

3. PERMITTED USE OF THE SERVICE
You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service.
4. OVERVIEW OF THE SERVICE
Talkable allows Advocates the opportunity to refer Friends (the “Talkable Referral Program”) Offer to try the goods and/or services of Intel (the “Merchant”). In order to participate in the Talkable Referral Program, an Advocate may be required to provide us with certain Personal Data, which may include his or her name and email address. The Advocate will have the ability to share the Offer with a Friend, and this can be done in various ways, including sharing the Offer through Facebook or emailing the Offer to your Friend. Once the Offer is received by your Friend(s), your Friend(s) will have the ability to accept the Offer to purchase the Merchant’s goods and/or services. The Offer is subject to the Intel Offer Terms. You understand and agree that the Intel Offer Terms are entered into by and between you and the Merchant and that Talkable is not a party to the Intel Offer Terms.
You understand that the terms of a particular Offer are governed by the Intel’s Offer Terms, which may contain restrictions imposed by the Merchant, including without limitation, a minimum spend, limits on how many times or to how many Friends an Advocate may refer an Offer, and expirations on when the Offer may be claimed. You further understand that Talkable is in no way involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer and who may or may not redeem Rewards (as that term is defined below). As such, you understand and agree that Talkable is not liable for any damages you may suffer as a result of participating in the Program, including but not limited to your inability to obtain or redeem any Rewards. The Talkable Referral Program is subject to modification or termination at any time without notice in our sole discretion.
5. INFORMATION TALKABLE SHARES WITH THE MERCHANT AND THE THIRD-PARTY MERCHANTS
A core aspect of the Service is to provide Advocates and Friends the best discounts and perks our merchants’ offers. To that end, Talkable will allow the Merchant to access the Personal Data of Advocates and Friends to facilitate the provision of the Offer and related services surrounding the Talkable Referral Program. Additionally, Talkable will also allow merchants other than the Merchant (the “Third-Party Merchants”) access to the Personal Data of Advocates and Friends to facilitate the provision of the services offered as part of the Talkable Referral Program, including showing Advocates and Friends promotions or offers from the Third-Party Merchants and personalizing the offer in accordance with Advocates’ and Friends’ preferences, sharing or purchase history. While the Merchant’s and the Third-Party Merchants’ use of your Personal Data is beyond our control, by agreeing to these Terms and our Privacy Policy, you do consent to Talkable sharing your Personal Data with the Merchant and the Third-Party Merchants to provide you with the services of the Talkable Referral Program. Further, you understand that the Merchant and the Third Party Merchants may not have appropriate technical and organizational safeguards in place for your Personal Data, including (1) being in a country that has adequate data privacy protections (as determined by the European Commission); (2) having in place Binding Corporate Rules; (3) being certified under the EU-US and Swiss-US Privacy Shield programs; and/or (4) having Data Processing Agreements that incorporate Standard Contractual Clauses approved by the European Commission. The Merchant and/or the Third-Party Merchants may be in countries that the European Commission has determined do not provide for an adequate level of data protection to meet the requirements under the GDPR. If the Merchant and/or the Third-Party Merchants do not have appropriate technical and organizational safeguards, you understand that there might be certain risks affecting your Personal Data, including but not limited to the fact there might not be a supervisory authority, data processing principles, and/or data subject rights in such countries that protect your Personal Data in the same way and to the same extent the principles and standards of the GDPR might. You agree that your consent to the above is our lawful basis under the GDPR for transferring your Personal Data to the Merchant and the Third-Party Merchants.
6. LIMITATIONS ON USE OF THE SERVICE
You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service. You also may not modify, make derivative works of, decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Service. Further, you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; you agree not to access the Service in order to build a similar or competitive service; you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by Talkable; and you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service.
7. OWNERSHIP OF THE SERVICE
The Service contains important and proprietary property owned by us, including software that constitutes our intellectual property and trade secrets. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service.
8. THIRD PARTY SITES AND SERVICES
Our Service may be integrated with services provided by third parties, including those of the Merchant, as part of the functionality of the Service. You understand that, except as required by GDPR, we do not have control over third parties and that such third parties are not agents of Talkable. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties, except to the extent required by GDPR. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services, except to the extent required by GDPR. You should contact the third party with any questions about their products and services. Talkable hereby disclaims and you hereby discharge, waive and release Talkable and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, 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.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
9. UPDATES TO THE SERVICE
Talkable may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent, except to the extent required by GDPR. If you do not want such Updates, your remedy is to stop using the Service. Your continued use of the Service is your agreement to these Terms with respect to the Service.
10. INFORMATION YOU PROVIDE TO TALKABLE
As part of the functionality of the Service we provide, you have the ability to provide us with information about yourself through the Service. The information collected by us is detailed in our
Privacy Policy.
By providing this information, you grant us the right to use the information for the purposes described in these Terms and in our
Privacy Policy.
While we do not claim ownership over any such information and content that you provide, you agree that we have the right to use such information and content in furtherance of the Service. Further, by providing us with information and content through the Service, you represent and warrant that you own, or have the full legal authority to distribute, all information that you provide through the Service.
11. INTELLECTUAL PROPERTY RIGHTS OF OTHERS
You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property or proprietary rights of any third parties. You represent and warrant to Talkable that you own, or have the right to use, all information that you provide on or through the Service. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law.
12. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
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TALKABLE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND TALKABLE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE.
13. LIMITATION OF LIABILITY
Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) TALKABLE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF TALKABLE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) TALKABLE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100.
14. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Talkable, its directors, officers, and agents, as well as its licensors, and suppliers from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any law or the rights of any third party. Talkable reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Talkable and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Talkable’s prior written consent. Talkable will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
15. GOVERNING LAW
These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts in or for San Francisco County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in these Terms.
16. DISPUTE RESOLUTION:

You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Service in the following manner. First, you and Talkable each agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at
support@talkable.com
). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Francisco County, California, and the costs of which shall be divided equally between you and Talkable. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in San Francisco County, California.

Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.
We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Talkable, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
YOU AND TALKABLE EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.
17. TERM AND TERMINATION
These Terms will remain in full force and effect as long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms. However, the provisions of these Terms that by their sense and context are intended to survive the termination of these Terms shall survive the termination.
18. SEVERABILITY AND WAIVER
If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
19. ASSIGNMENT
These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by Talkable without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.
20. MODIFICATIONS TO THESE TERMS
Talkable reserves the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. We will always have the latest Terms posted on the Service.
21. HEADINGS USED IN THESE TERMS
The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.