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This is who we are. Environment BNSF believes it is good business and good citizenship to minimize our impact on the planet. History BNSF is the result of more than railroad lines that merged or were acquired during our year history.
Community Support BNSF strives to maintain strong relationships with the communities where our employees live. And this is how we help you. Applicability of Arbitration Agreement. You and Snap agree that all claims and disputes whether contract, tort, or otherwise , including all statutory claims and disputes, arising out of or relating to this Agreement or the use of Snap Camera that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that You and Snap are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Agreement.
The arbitration will be conducted by a single neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Additional Rules for Non-appearance Arbitration.
If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; 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 the parties mutually agree otherwise. If You choose to arbitrate with Snap, You will not have to pay any fees to do so. Authority of the Arbitrator.
The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of You and Snap. 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 or dispute.
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 Snap.
Waiver of Jury Trial. You and Snap are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court.
Waiver of Class or Consolidated Actions. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither You nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section Right to Waive. Any 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.
You may opt out of this arbitration agreement. If You do so, neither You nor Snap can force the other to arbitrate. To opt out, You must notify Snap in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include Your name and address, Your Snapchat username and the email address You used to set up Your Snapchat account if You have one , and an unequivocal statement that You want to opt out of this arbitration agreement.
Small Claims Court. Notwithstanding the foregoing, either You or Snap may bring an individual action in small claims court. Arbitration Agreement Survival.
This arbitration agreement will survive the termination of Your relationship with Snap. This Agreement will be construed in accordance with, and all disputes hereunder will be governed by, the laws of the State of California except to the extent they are preempted by U.
To the extent that this Agreement allows You or Snap to initiate litigation in a court, You and Snap agree that all claims and disputes arising out of or relating to this Agreement, including tort claims, will be litigated exclusively in the United States District Court for the Central District of California.
If that court would lack original jurisdiction over the litigation, then the Superior Court of California, County of Los Angeles, will be the exclusive forum to resolve the litigation. You and Snap consent to the personal jurisdiction of both courts. If any provision of this Agreement is found unenforceable, then that provision will be severed from this Agreement and not affect the validity and enforceability of any remaining provisions.
This Agreement does not create any relationship of association, partnership, joint venture, or agency between the parties. Neither party will have any right or authority to assume, create, or incur any liability or obligation of any kind against or in the name of the other party.
No addition or modification of this Agreement by You will be effective unless made in writing and signed by Snap. The failure of either party to enforce at any time, or for any period of time, the provision hereof will not be construed to be a waiver of such provisions or of the right of such party to enforce each and every such provision.
Snap may assign its rights and obligations under this Agreement, in whole or in part, to any party at any time without notice. This Agreement is intended as the complete agreement between the parties and will supersede all prior agreements written or oral with respect to Your use of Snap Camera.
This Agreement was written in English, and to the extent the translated version of this Agreement conflicts with the English version, the English version will control.
This Agreement does not create or confer any third-party beneficiary rights. To the extent permitted by law, you waive any applicable statutory or common-law right that may permit a contract to be construed against its drafter.
The section headings are for convenience only and will not affect how this Agreement is construed. Your continued access or use of Snap Camera thereafter constitutes Your acceptance of such changes and this Agreement, as modified.
By downloading, installing, accessing, or using Snap Camera or by clicking on the applicable button to download or install Snap Camera, You: a accept delivery of Snap Camera; and b acknowledge and agree that You have read, understood, and consent to, and are bound by, this Agreement. If You do not wish to be a party to this Agreement or if You do not agree to all of the terms contained in this Agreement, do not download, install, access, or use Snap Camera and uninstall and delete any copies.
If You do not agree to the updated Agreement, You must stop using Snap Camera and uninstall and delete any copies.
No other use or redistribution of Snap Camera is allowed. No other rights are provided and Snap expressly reserves all rights not granted in this Agreement.
Any use of Snap Camera beyond what is authorized in this Agreement is strictly prohibited and will entitle Snap to immediately terminate the license granted to You in this Agreement. Title, ownership rights, and Intellectual Property Rights in and to Snap Camera remain in as applicable Snap and its licensors and affiliates. By downloading and using Snap Camera You agree that i Snap can collect, use, and share information concerning Your use of Snap Camera as described in our Privacy Policy and any updates to that policy, and ii You have read and understood our Privacy Policy and how Snap handles Your information.
You should periodically check our Privacy Policy for any updates. To the extent permissible under law, You irrevocably waive, and agree not to assert, any and all rights including moral rights You may have to the Feedback.
Snap and its licensors, and their respective affiliates and licensors, make no representations or warranties of any kind, express or implied, with respect to Snap Camera or any output or results based on the use of Snap Camera. Snap and its licensors, and their respective affiliates and licensors, disclaim all representations, warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, including, any implied warranty of merchantability, fitness of a particular purpose, title, or infringement, and any implied indemnity.
Snap and its licensors, and their respective affiliates and licensors, assume no responsibility for and make no warranty with respect to such Third Party Materials.
You will indemnify, defend, and hold harmless Snap, its licensors, and affiliates, and their respective directors, stockholders, officers, affiliates, employees, agents, and licensors, from and against any and all liabilities, damages, costs, and all associated expenses including reasonable legal fees from any claims arising out of or on account of: a Your use of Snap Camera; b an actual or alleged breach by You of this Agreement; c Your negligence or willful misconduct; and d any actual or alleged infringement of any Intellectual Property Rights by You, Your Content or Your use of Snap Camera.
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