Terms and Conditions

Last updated: October 4, 2020

These terms service (the “Terms of Service”) are a legal agreement between you and EIIB Corp. (“EIIB”, “we,” “us,” or “our”). These Terms of Service specify the terms under which you may access and use our website located at https://eiib.business (the “Website”) and e-commerce application (the “App,” and together with the Website, the “Services”)

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING AND USING THE SERVICES OR ANY PORTION THEREOF, BECAUSE BY ACCEPTING THESE TERMS OF SERVICE, USING ANY OF THE SERVICES, OR OTHERWISE MANIFESTING YOUR ASSENT TO THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY (THE “PRIVACY POLICY ”, TOGETHER WITH THE TERMS OF SERVICE, THE “AGREEMENT”), WHICH IS HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) ALL OF THE TERMS OF THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE SERVICES.

If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Capitalized terms not defined in these Terms of Service shall have the meaning set forth in our Privacy Policy.

1. OUR SERVICES AND USERS.

The Services provide a platform where consumers (each, a “Client”) registered on the App can book a wide array of services from local businesses (each, a “Service Provider”).

Our Services have several types of users:

Visitors. Visitors to our Website, as the term implies, are people who do not register for an account, but want to explore the Website for informational purposes. No login is required for visitors to the Website. Visitors can access all publicly-available content and features of the Website, and can contact us using the contact link on the Website.
Registered Users and Accounts. In order to become a Service Provider or a Client, you must establish an account with us. EIIB is under no obligation to accept any individual or entity as an account holder, and may accept or reject any registration in our sole and complete discretion. Service Providers and Clients may sometimes be collectively referred to as “Users” in these Terms of Service.

To create an account, you or your authorized representative will be prompted to create a password and user name (“User ID”) and perhaps provide certain additional information that will assist in authenticating your identity when you log-in in the future (collectively “Login Credentials”). You may not transfer your account to anyone else without our prior written permission. When creating your account, you must provide true, accurate, current, and complete information about yourself. Each User ID and corresponding password can be used by only one individual. You are responsible for maintaining the confidentiality of your account Login Credentials. You are fully responsible for all activities that are associated with your account (including, but not limited to, any Appointments (defined below), use of the Services, or communications from your account to other Users or EIIB). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security.

2. USER CONTENT; LICENSES

The App allows Users to create a profile on the App (“Profile”). Service Providers will be permitted to post or upload content such as text, photos, images, graphics, videos and other materials (collectively, “User Content”) to the Profile about the services. Additionally, Clients can post reviews about a Service Provider’s services for other Users to view, and Service Providers and Clients can send messages to each other through the App, and the content of such reviews and messages is also considered User Content. YOU, AND NOT EIIB, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE APP. We are not obligated to publish any User Content on our App, and we reserve the right to remove any User Content at any time in our sole discretion, with or without notice.

You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual, irrevocable license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised, subject to certain limitations related to Service Provider Marks (as defined), as set forth below.

To the extent any Service Providers’ name, trademarks, trade names, service marks, and/or logos (“Service Provider Marks”) are published or displayed on the Services as part of its User Content, the Service Provider hereby grants EIIB and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to copy, transmit, format, distribute, publicly display, publicly perform, and otherwise use such Service Provider Marks solely in connection with our provision of the Services.

3. APPOINTMENT TERMS.

Appointments. Clients may book an appointment (“Appointment”) with a Service Provider for its services through the App. The receipt of an Appointment number or an email confirmation does not constitute EIIB’s or any Service Provider’s acceptance of an Appointment or a confirmation of an Appointment. Service Providers and EIIB reserve the right to refuse service to any Client or cancel an Appointment for any reason permitted by law. Verification of information may be required prior to the acceptance of an Appointment. Prices and availability of services are subject to change without notice. Clients agree that by booking an Appointment through the App, you are entering into a binding contract and agree to pay all charges that may be incurred by you or on your behalf through the App, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your Appointment. Your total price will include the price of the services (“Appointment Fee”), commission owed to EIIB for using the App to book the Appointment (“Commission Fee”), plus any applicable taxes and additional fees in effect at the time you book the Appointment.
Errors. All descriptions, images, references, features, content, specifications, and prices of a Service Provider’s services described or depicted on the App are subject to change at any time without notice. From time to time, there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, prices, promotions, offers, and availability. EIIB and Service Provider each reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Appointments, if any information on the App is inaccurate at any time without prior notice, even after Client has received an Appointment confirmation. The inclusion of any services on the App does not imply or warrant that these services will be available. Service Providers reserve the right to revise their service offerings and/or discontinue services at any time without notice. Service Providers and EIIB also reserve the right to limit their services, and to revise, suspend, or terminate an event or promotion at any time without notice (including after an Appointment has been booked or acknowledged).
Cancellation. Clients may cancel an Appointment through the App up to twenty-four (24) hours before the Appointment. If a Client cancels an appointment within twenty-four (24) hours of the Appointment, Client will be responsible for paying fifty percent (50%) of the Appointment Fee for the canceled Appointment. If you do not show up to an Appointment, you will be responsible for one hundred percent (100%) of the Appointment Fee. The Commission Fee is nonrefundable.
Payment. Where applicable, Clients shall pay the Appointment Fee, Commission Fee, taxes, and other fees in connection with Appointment in the manner specified on or selected through the App. Payment is due immediately upon making an Appointment. By making an Appointment, Client is agreeing to pay EIIB, through our payment processor, Stripe (“Payment Processor”), all charges at the prices then in effect for the services in accordance with the applicable payment terms provided by Service Provider. If Client has a card or other payment method on file with its account on the App, by booking an Appointment, Client may be authorizing us, through Payment Processor, to charge such account the applicable Fees. By booking an Appointment, you agree to Stripe’s terms and conditions and privacy policy, which are available at https://stripe.com/legal and https://stripe.com/us/privacy, respectively. CLIENTS MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR THEIR ACCOUNTS, AND PROMPTLY UPDATE ALL INFORMATION TO KEEP SUCH ACCOUNT INFORMATION CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). FURTHER, CLIENTS MUST PROMPTLY NOTIFY US IF A PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF CLIENT BECOMES AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF CLIENT’S USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT CLIENT’S ACCOUNT PAGE.

4. SERVICE PROVIDER TERMS.

Payments; Accounts. Our Payment Processor collects payments from Clients and passes the Commission Fee to EIIB and the Appointment Fee to the appropriate Service Provider, subject to a processing period. To receive payment, Service Providers must have an active account with our Payment Processor. By signing up for the App and designating a payment account (“Payment Account”) with our Payment Processor, Service Provider hereby agrees to: (i) our Payment Processor making deposits into Service Provider’s Payment Account for payments received by Clients of the Appointment Fee, and (ii) Stripe’s terms and conditions and privacy policy, which are available at https://stripe.com/legal and https://stripe.com/us/privacy, respectively. SERVICE PROVIDERS MUST MAINTAIN ACTIVE PAYMENT ACCOUNTS TO RECEIVE PAYMENT FOR APPOINTMENT, AND MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR THEIR PAYMENT ACCOUNTS, AND PROMPTLY UPDATE ALL INFORMATION TO KEEP SUCH PAYMENT ACCOUNT INFORMATION CURRENT, COMPLETE, AND ACCURATE. FURTHER, SERVICE PROVIDERS MUST PROMPTLY NOTIFY US IF SERVICE PROVIDER BECOMES AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF SERVICE PROVIDER’S PAYMENT ACCOUNT.
Performance Metrics. EIIB cares deeply about customer satisfaction. Accordingly, we reserve the right to track and measure Service Providers’ use of the Services and performance in accordance with this Agreement. We reserve the right to track fulfillment, Client complaints, cancellations and chargebacks, and related logistics and performance issues. These metrics help us determine whether a Service Provider is meeting our and our Clients’ expectations. If we determine, in our sole discretion, that Service Provider is not meeting our performance standards, is in violation of this Agreement, or for other reasons, we reserve the right to suspend or remove your account with the Services.

5. NO CIRCUMVENTION.

All Appointments made through the App are passed through EIIB, and EIIB disseminates to Users only the necessary information for Users to book an Appointment, and no additional information about any other Users. Neither Service Providers nor Clients may circumvent the Services to transact directly with one another, and we may suspend accounts that we suspect, in our sole discretion, are intentionally circumventing the Services.

6. INTELLECTUAL PROPERTY.

The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, EIIB and our licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.

The Services contain material, such as software, text, graphics, images, and other material provided by or on behalf of EIIB or its licensors (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

We and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.

The trademarks, service marks, and logos of EIIB (the “EIIB Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of EIIB. Other company, product, and service names located on the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with EIIB Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of EIIB Trademarks inures to our benefit.

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

7. FEEDBACK.

As a registered User of our App, you may elect to provide us with feedback, comments, and suggestions with respect to our Services (“Feedback”). You agree that EIIB will be free to use, reproduce, disclose, and otherwise exploit any and all such Feedback without compensation or attribution to you.

8. USAGE RIGHTS AND RESTRICTIONS.

The Services are available only to individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the Services only with the consent of your parent or guardian.

Subject to the terms and conditions of this Agreement, EIIB grants you a limited, non-transferable, non-exclusive, license to access and use the Services solely for your personal purposes. EIIB may terminate this license at any time for any reason. Further, when using or accessing the Services, you agree that:

You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:

- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence or illegal activity, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.

You will comply with all applicable laws in your use of the Services and will not use the Services for any unlawful purpose;
You will not discriminate against any Client who books an Appointment;
You will not access or use the Services to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere with, or attempt to interrupt the proper operation of, the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content, data, files, or passwords related to the Services through hacking, password or data mining, or any other means;
You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services;
You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not allow anyone to access and use your account;
You will not resell, distribute, or sublicense the Services or use it for the benefit of anyone other than you or your business;
You will not remove or modify any proprietary markings or restrictive legends placed on the Services; and
You will not introduce, post, or upload to the Services any Harmful Code. As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Services, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Services to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Services.

EIIB reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. You are free to stop using the Services at any time.

9. NO WARRANTIES; LIMITATION OF LIABILITY.

THE SERVICES, AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICES ARE PROVIDED BY EIIB ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. EIIB EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, THE CONTENT, AND ALL PRODUCTS AND SERVICES OFFERED BY SERVICE PROVIDERS THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EIIB DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SERVICES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND THAT EIIB IS NOT ITSELF A CONSUMER OF ANY SERVICE PROVIDERS’ SERVICES. WE PROVIDE THE VENUE TO BOOK APPOINTMENTS FOR SERVICE PROVIDER SERVICES; THE SERVICE PROVIDER’S SERVICES ARE LISTED, OFFERED, AND PROVIDED DIRECTLY BY SERVICE PROVIDERS, AND, ACCORDINGLY, EIIB CANNOT AND DOES NOT MAKE ANY WARRANTIES ABOUT THEIR QUALITY, SAFETY, OR EVEN THEIR LEGALITY. AS A CLIENT, ANY LEGAL CLAIM RELATED TO A SERVICE PROVIDER’S SERVICES BOOKED THROUGH THE APP MUST BE BROUGHT DIRECTLY AGAINST THE APPLICABLE SERVICE PROVIDER. YOU HEREBY RELEASE EIIB FROM ANY CLAIMS RELATED TO APPOINTMENTS BOOKED THROUGH OUR APP, INCLUDING MISREPRESENTATIONS BY SERVICE PROVIDERS OR PHYSICAL INJURY CAUSED BY SERVICE PROVIDERS.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR SERVICE PROVIDER INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES, THE CONTENT, OR THE SERVICES OFFERED BY SERVICE PROVIDERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US $100). EIIB SHALL NOT BE LIABLE FOR DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR OR ANY THIRD PARTY’S USE OF A SERVICE PROVIDERS’S PRODUCTS OR SERVICES.

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN LIABILITIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THIS AGREEMENT SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

10. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION.

(a)Representations and Warranties.

You hereby represent, warrant, and covenant that:

- You own or have the necessary licenses, rights, consents, and permissions (collectively, “Permissions”) to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content (including Service Provider Trademarks), and any other works that you incorporate into your User Content and all the rights necessary to grant the Permissions you grant hereunder;
- Use of User Content in the manner contemplated in these Terms of Service shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
- If you are a Service Provider, (i) any products and services advertised by you through the App and provided during an Appointment will comply with applicable law, and (ii) you shall perform the services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with the highest industry standards for similar services.

(b)Indemnification.

You shall indemnify, defend, and hold harmless EIIB, its affiliates, and its and their respective officers, managers, partners, employees, and agents (collectively, “Indemnitees”) from and against any and all losses, civil penalties, liabilities, damages, judgments, costs, and expenses, including reasonable attorney’s fees and court costs (collectively, “Losses”), incurred in connection with any proceeding, claim, or action (collectively, “Claim”) arising out of or related to (i) your breach of this Agreement, (ii) your misuse of the Content or the Services; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right.

Service Providers shall indemnify, defend, and hold harmless Indemnitees from and against any and all Losses incurred in connection with any Claim arising out of or related to (i) any alleged defect in or injury from Service Provider’s products or services; and/or (ii) alleged failure of Service Provider or Service Provider’s products or services to comply with this Agreement or any laws, regulations, warranties, guarantees, or representations of Service Provider.

11. COMPLIANCE WITH APPLICABLE LAWS.

The Services are based in the United States. We make no claims concerning whether the Services are accessible, or whether Content may be downloaded, viewed, or be appropriate for use, or Purchases may be made, outside of the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

12. CONTROLLING LAW

This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

13. BINDING ARBITRATION.

In the event of a dispute arising between you and EIIB under or relating to this Agreement or the Services (not a dispute between a Client and a Service Provider) (each, a “Dispute”), such Dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by you and EIIB, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each of you and EIIB will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 15 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

14. CLASS ACTION WAIVER.

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. EQUITABLE RELIEF.

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in Manhattan, New York for purposes of any such action by us.

16. DISPUTES BETWEEN AND AMONG USERS.

If there is a dispute between or among Users of the Services, you agree to initiate the dispute with EIIB directly. EIIB will take steps to mediate the User dispute in its sole, reasonable discretion. EIIB will keep each party updated as to the status of disputes by messaging the parties through the accounts on the Service. Notwithstanding EIIB’s good faith efforts, some disputes may not be resolved in a manner that satisfies all parties. EIIB’s decision with respect to all disputes is final. In the event that you have a dispute with one or more other Users, you release EIIB, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

17. EXTERNAL WEBSITES.

The Services may contain links to third-party websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Websites, you do so at your own risk.

18. CHANGES TO THE AGREEMENT.

These Terms of Service are effective as of the last updated date stated at the top. We may change these Terms of Service from time to time. Any such changes will be posted on the Website. By accessing the Services after we make any such changes to these Terms of Service, you are deemed to have accepted such changes. Please refer back to these Terms of Service on a regular basis.

19. TERMINATION OF THIS AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and the Services, and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. Sections 2, 6-19, 22 shall survive the termination of this Agreement.

20. DIGITAL MILLENNIUM COPYRIGHT ACT

EIIB respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or User Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

EIIB Corp.
4420 Broadway Apt 5A
New York, NY 10040
Attn: Copyright Agent
Email: [email protected]

If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

21. DOWNLOADING THE APP APPLICATION.

We make the App available through the Google Play Store or Apple App Store. The following terms apply to the App when accessed through or downloaded from the Apple App Store where the App may now or in the future be made available. You acknowledge and agree that:

These Terms of Service are between you and EIIB, and not with Apple, and EIIB (not Apple), is solely responsible for the App.
Apple has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of EIIB.
Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, EIIB will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
Apple and its affiliates are third-party beneficiaries of this Agreement as related to your license to the App, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
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; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.

You must also comply with all applicable third party terms of service when using the App.

22. GENERAL.

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

23. HOW TO CONTACT US.

If you have questions about the Agreement or our Services, please contact us via email at [email protected].