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Masterclass Terms of Service

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FILIPINO AMAZON MASTERCLASS

TERMS OF SERVICE
Thank you for selecting the Services offered by AMAZONATION Inc. and/or
its subsidiaries and affiliates (referred to as “AMAZONATION”, “we”, “our”, or
“us”). Review these Terms of Service (“Agreement”) thoroughly. This
Agreement is a legal agreement between you and AMAZONATION. By
accepting electronically (for example, clicking “I Agree”), installing, accessing
or using the Services, you agree to these terms. If you do not agree to this
Agreement, then you may not use the Services.

A. GENERAL TERMS

1. AGREEMENT
This Agreement describes the terms governing your use of the
AMAZONATION online services provided to you on this website, including
content, updates and new releases, (collectively, the “Services”). It includes
by reference:

• AMAZONATION’s Privacy Statement provided to you in the Services


available on the website or provided to you otherwise.
• Additional Terms and Conditions, which may include those from third
parties.
• Any terms provided separately to you for the Services, including product
or program terms, ordering, activation, payment terms, data processing
agreements, etc.
By accessing or using our Services you agree that:
• You can form a binding contract with AMAZONATION;
• You are not a person who is prohibited from receiving the Services
under the laws of the Philippines, or any other applicable jurisdiction; and
• You will comply with this Agreement and all applicable local, state,
national, and international laws, rules, and regulations, including applicable
trade regulations.

2. YOUR RIGHTS TO USE THE SERVICES


2.1. The Services are protected by copyright, trade secret, and other
intellectual property laws. You are only granted the right to use the Services
and only for the purposes described by AMAZONATION. AMAZONATION
reserves all other rights in the Services. Until termination of this Agreement
and as long as you meet any applicable payment obligations, data limits, and
otherwise comply with this Agreement, AMAZONATION grants to you a
personal, limited, nonexclusive, nontransferable right and license to use the
Services.

2.2. You agree not to use, nor permit any third party to use, the Services or
content in a manner that violates any applicable law, regulation or this
Agreement. You agree you will not:

• Provide access to or give any part of the Services to any third party.
• Reproduce, modify, copy, sell, trade, lease, rent, or resell the Services.
• Decompile, disassemble, or reverse engineer the Services.
• Make the Services available on any file-sharing or application hosting
service.
2.3. This Services are not intended for use by the Philippine government or
other entities utilizing appropriated funds to acquire a license to the Services
(collectively ” Users”). A license for use by Users is not granted and any
such usage is prohibited. In the event any User should purport to acquire a
license to the Software, such license is hereby nullified and declared void and
no contract between AMAZONATION and a User shall result from such
purported acquisition. AMAZONATION reserves the right in its sole discretion:
(i) to cancel any Services order placed by a User (either directly from
AMAZONATION or from any third party) at any time, including but not limited
to, after such Software has been provided to the User at issue, and (ii) to
restrict such User’s access or use of the Services.
3. PAYMENT AND TAXES. For Services offered on a payment or installment
basis, the following terms apply if you are the User paying for the Services,
unless AMAZONATION or its third party affiliate notifies you otherwise in
writing. This Agreement also incorporates by reference and includes program
ordering and payment terms provided to you on the website for the Services:

1. Payments will be billed to you in Philippine Peso which may be made


available (plus any and all applicable taxes), and your account will be debited
(including any applicable taxes) when you subscribe and provide your
payment information, unless stated otherwise in the program ordering or
payment terms on the website for the Services.
2. You must pay with one of the following:
1. A valid credit card acceptable to AMAZONATION;
2. A valid debit card acceptable to AMAZONATION;
3. Sufficient funds in a checking or savings account to cover an
electronic debit of the payment due; or
4. By another payment option AMAZONATION provides to you in
writing.
3. If your payment and registration information is not accurate, current, and
complete and you do not notify us promptly when such information changes,
we may suspend or terminate your account and refuse any use of the
Services.
4. If you do not notify us of updates to your payment method (e.g., credit
card expiration date), to avoid interruption of the Services, we may participate
in programs supported by your card provider (e.g., updater services, recurring
billing programs, etc.) to try to update your payment information, and you
authorize us to continue billing your account with the updated information that
we obtain.
5. If you avail of the installment feature, it allows you to pay the services
over equal consecutive installments due once a month. All orders are subject
to approval – for example, if you have any overdue payments, the Installment
Feature will not be available to you. You can make prepayments any time
BEFORE the due date. Otherwise, payments will be automatically attempted
on the scheduled dates from your card. If a payment is not processed on or
before the due date, late fees may apply. We charge you an installment
plan fee at the time you choose the installment plan. You acknowledge and
agree that the installment plan fee is fully earned upon payment and is non-
refundable, including without limitation if you fail to complete the installment
plan.
6. Additional cancellation or renewal terms may be provided to you on the
website for the Services.
INSTALLMENT FEATURE AGREEMENT

This agreement provides that all disputes between you and us will be resolved
by BINDING ARIBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO
GO TO COURT to assert or defend your rights under this contract, except for
matters that may be taken to small claims court. Your rights will be determined
by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims
cannot be brought as a class action. YOU HAVE A RIGHT TO OPT OUT OF
THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.

Description of the Installment Feature

To use the Installment Feature, including making changes to your payment


method and other personal information, you must inform AMAZONATION.
The Installment Feature enables you to pay installments. Please note that
AMAZONATION may, in its sole discretion, set certain minimum and
maximum purchase amounts to use the Installment Feature. We may, in our
discretion, apply a higher minimum purchase amount. The Installment Feature
operates as follows:

First, you place your order with us, create your AMAZONATION Account and
identify your preferred method of payment, designating issued credit or debit
card as your “Payment Method”. You may change your Payment Method at
any time upon advice to AMAZONATION, but you may not be able to remove
existing Payment Methods until all outstanding payments associated with your
AMAZONATION services have been made.

Next, AMAZONATION will send you a confirmation of your order, including a


payment schedule setting forth a list of payment amounts that
AMAZONATION is entitled to receive from you and the relevant due dates of
each payment.

Where you make your first Installment Payment at the time you place an order
with us, AMAZONATION will collect this first Installment Payment as our
limited payment collection agent. Your payment to AMAZONATION shall be
considered the same as a payment made directly to us and your payment
obligation to us for your first Installment Payment shall be extinguished upon
receipt of such payment by AMAZONATION.
You are responsible for ensuring that you have sufficient funds via your
Payment Method available to make Installment Payments on the dates
specified in your Payment Schedule.

Late Payments

If you are using the installment plan feature and a payment is not paid prior to
the Due Date as specified in your Payment Schedule, and the Installment
Payment fails on the Due Date (for example, if your Payment Method is a
credit or debit card that has expired or you have entered incorrect information
regarding your Payment Method, you will be responsible for the Late Fees.

You authorize AMAZONATION to satisfy any monetary liability you owe us by


(1) debiting your Payment Method at a later time or date, (2) debiting any
other debit or credit card for which you have provided details, (3) offsetting the
payment amount against any amounts AMAZONATION may owe to you, or
(4) any other legal means.

AMAZONATION may, at its sole discretion, reasonably delay the application


of, or waive wholly or partly, any Late Fee. If Late Fees are or may be incurred
as a result of our error, please let AMAZONATION know, and it will waive or
refund such fees, as applicable.

If you fail to make payments in accordance with your Payment Schedule,


AMAZONATION reserves the right to limit, restrict, suspend or terminate your
access to the Installment Feature in the future.

The Installment Feature is not a loan and there is no interest associated with
the use of the feature.

AMAZONATION do not give any express warranty or guarantee as to the


suitability, reliability or availability of the Installment Feature.
Prohibited uses of the Installment Feature

You agree not to use the Installment Feature for any unlawful or fraudulent
activity and to immediately contact us if you believe that your Payment
Method may be subject to an unauthorized transaction, account takeover or
other type of fraudulent activity or security breach. By using the Installment
Feature, you agree that you will not do any of the following:
1. Engage in any activities related to the Installment Feature that are
contrary to any applicable law or regulation or the terms of any agreement you
may have with AMZONATION;
2. Provide false, inaccurate or misleading information to us;
3. Provide information belonging to any person other than yourself;
4. Use a AMAZONATION Account that belongs to another person for
yourself or on behalf of another person;
5. Use any device, software, routine, file or other tool or technology,
including but not limited to any viruses, trojan horses, worms, time bombs or
cancelbots, intended to damage or interfere with the Installment Feature or to
surreptitiously intercept or expropriate any system, data or personal
information from the Installment Feature;
6. Breach this Agreement or any other agreement or policy that you have
agreed to with us, or others;
7. Use the Installment Feature to accomplish a cash advance;
8. Take any action that imposes an unreasonable or disproportionately
large load on our or AMAZONATION infrastructure, including but not limited to
denial of service attacks, “spam” or any other such unsolicited overload
technique; or
9. Commit unauthorized use of the Sites and our or AMAZONATION
systems, including but not limited to unauthorized entry into our systems,
misuse of passwords, or misuse of any information posted to the Site
10. Open or use multiple AMAZONATION accounts.

You may request to close your AMAZONATION Account by contacting


AMAZONATION directly. You may only request to close your AMAZONATION
Account if:

1. All amounts owing by you (including any Late Fees) have been paid in
full; and
2. no disputes or refunds are in progress.

AMAZONATION may close your Account for any reason, upon giving you at
least 10 days’ notice. This Agreement will continue to apply to any orders
accepted prior to such closure until all amounts owing are received in full
(including any Late Fees).
Except as otherwise stated, this Agreement will be terminated once your
AMAZONATION Account is closed. However, you will remain liable for all
outstanding obligations related to the AMAZONATION Account even after it
has been closed.
Transaction Information
ALL SALES ARE FINAL AND NON-TRANSFERABLE, NO REFUNDS, NO
EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH.
All inquiries relating to either Payment Plan transactions as processed by
AMAZONATION or to your participation in the Payment Plan must be directed
to AMAZONATION for handling.

Automatic Payment Authorization: You authorize us to automatically charge to


the payment card number and expiration date and other payment method
information you provided (collectively, the “Payment Method”) the Processing
Fee and the amount of each payment under your Installment Plan on or about
the due date thereof. Each charge will be processed in Philippine Peso and, if
a charge is converted into another currency, its amount may vary based on
fluctuations in the applicable conversion rate. Because of the consequences
of failure to make a payment on time discussed above, you agree that you are
responsible for notifying us immediately of any change in your Payment
Method, including without limitation if your payment card number or expiration
date changes or if your payment card is lost or stolen and replaced with a new
payment card. You agree to update your Payment Method by logging onto
your account with AMAZONATION.

You agree to make Installment Payments in accordance with your Payment


Schedule. You may make early payments through your AMAZONATION
Account. You hereby expressly consent to, authorize and instruct
AMAZONATION to (a) initiate recurring debit card payments from the debit
card you specify in your AMAZONATION Account; or (b) to initiate recurring
charges from your specified credit card, for the amounts, and on those
scheduled dates, set out in your Payment Schedule. All Installment Payments
will be automatically charged to the designated credit or debit card in
accordance with your Payment Schedule. You acknowledge that you are
giving AMAZONATION the ability to collect or reverse variable payment
amounts from or to your Payment Method, in accordance with your Payment
Schedule and the terms of this Agreement.
You agree to be bound by any rules that your debit or credit card issuer
requires for pre-authorized debit or credit card transactions. You are
responsible for all fees charged by your financial institution associated with
the Installment Payment.

AMAZONATION SHALL NOT BEAR ANY LIABILITY OR RESPONSIBILITY


FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT
OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY
DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED
OR YOUR CREDIT CARD IS CHARGED, except to the extent that such fees
or charges arise as a result of AMAZONATION error or system failure. If any
fees or charges are imposed as a result of AMAZONATION error or system
failure, please provide AMAZONATION with a copy of the relevant records,
and if AMAZONATION determines such error was made by them then they
will reimburse you for the relevant fees or charges.

Order Confirmation and Cancellation

All orders that you place with us that utilize the Installment Feature are subject
to approval by AMAZONATION, in its reasonable discretion. AMAZONATION
may choose not to provide the Installment Feature to you, suspend your
AMAZONATION Account, close your AMAZONATION Account or to cancel
an approved order before the goods or services are delivered or supplied, if:
1. We or AMAZONATION reasonably considers this necessary in order to
protect the integrity of its systems or the Installment Feature, prevent fraud or
otherwise protect against legal, regulatory or non-payment risk;
2. We or AMAZONATION reasonably suspects, or is aware, that you have
breached this Agreement in a material respect (including by failing to make
any payment due under this Agreement on the applicable Due Date); or
3. We or AMAZONATION otherwise reasonably consider the order to be
suspicious.

We or AMAZONATION may choose not to provide the Installment Feature to


you at any time for any reason, including but not limited to your history of
transactions on our Sites, to prevent fraud or if you violate any term of this
Agreement.

If we or AMAZONATION cancel your previously approved use of the


Installment Feature:
1. AMAZONATION will apply a full refund of any amounts you have paid
(excluding any chargebacks or other fees incurred by AMAZONATION in
relation to your payment) to your Payment Method or, if that is not possible, to
any other payment source as directed by you (and approved by
AMAZONATION), and will cancel any future payments related to that order;
2. We will not be obliged to deliver the goods (or provide the services) the
subject of the order, unless required to do so by law;
3. You will have no obligation to make any further payments to us, or
continue any other ongoing relationship with us, with respect to that order; and
4. If you wish to proceed with the purchase from us, we may accept an
alternative payment method in our discretion, or if required to do so by law.

4. USE WITH YOUR MOBILE DEVICE


Mobile access to the Services requires an active subscription, internet access,
and may not be available for all mobile devices or telecommunication
providers. You will need to check the Services website to ensure your mobile
device and telecommunications provider is compatible with the Services.
AMAZONATION is not obligated to provide a compatible version of the
Services for all mobile devices or telecommunication providers, which are
subject to change by AMAZONATION at any time with reasonable notice to
you. You agree that you are solely responsible for these requirements,
including any applicable changes, updates and fees as well as the terms of
your agreement with your mobile device and telecommunications provider.
AMAZONATION MAKES NO WARRANTIES OR REPRESENTATIONS OF
ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM


YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR
FROM ANY LOCATION;
2. ANY LOSS, DAMAGE, OR SECURITY INTRUSION OF THE
TELECOMMUNICATION SERVICES; AND
3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR
FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS
CONNECTED WITH THE SERVICES.
5. YOUR PERSONAL INFORMATION. You agree that AMAZONATION may
use and maintain your data, as part of the Services. You give AMAZONATION
permission to combine identifiable and non-identifiable information you enter
or upload to the Services with that of other users of the Services and/or other
AMAZONATION services. For example, this means that AMAZONATION may
use your and other users’ non-identifiable, aggregated data to improve the
Services or to design promotions and provide ways for you to compare
business practices with other users.
6. CONTENT AND USE OF THE SERVICES
6.1. Responsibility for Content and Use of the Services
1. Content includes any data, information, materials, text, graphics,
images, music, software, audio, video, works of authorship of any kind, that
are uploaded, transmitted, posted, generated, stored, or otherwise made
available through the Services (“Content”), which will include without limitation
any Content that account holders (including you) provide through your use of
the Services. By making your Content available through your use of the
Services, you grant AMAZONATION a worldwide, royalty-free, non-exclusive
license to host and use your Content. Archive your Content frequently. You
are responsible for any lost or unrecoverable Content. You must provide all
required and appropriate warnings, information and disclosures.
AMAZONATION is not responsible for any of your Content or data that you
submit through the Services.
6.2. Restricted Use of the Services.
6.2.1. You agree not to use, nor permit any third party to use, the Services to
upload, post, distribute, link to, publish, reproduce, engage in, promote or
transmit any of the following, including but not limited to:

1. Illegal, fraudulent, defamatory, obscene, pornographic, profane,


threatening, abusive, hateful, harassing, offensive, inappropriate or
objectionable information or communications of any kind, including without
limitation conduct that is excessively violent, incites or threatens violence,
encourages would encourage “flaming” others, or criminal or civil liability
under any local, state, or foreign law;
2. Content that would impersonate someone else or falsely represent your
identity or qualifications, or that may constitute a breach of any individual’s
privacy; is illegally unfair or deceptive, or creates a safety or health risk to an
individual to the public;
3. Except as permitted by AMAZONATION in writing, investment
opportunities, solicitations, chain letters, pyramid schemes, other unsolicited
commercial communication or engage in spamming or flooding;
4. Virus, Trojan horse, worm or other disruptive or harmful software or
data; and
5. Any information, software or Content that you do not own or have the
right to use which is not legally yours and without permission from the
copyright owner or intellectual property rights owners thereof.
6.2.2. You shall not, and shall not permit any users of the Services or any
other party to, engage in, solicit, or promote any activity that is objectionable
or may be illegal, violates the rights of others, is likely to cause notoriety, harm
or damage to the reputation of AMAZONATION or could subject
AMAZONATION to liability to third parties, including: (i) unauthorized access,
monitoring, interference with, or use of the Services or third party accounts,
data, computers, systems or networks; (ii) interference with others’ use of the
Services or any system or network, including mail bombing, broadcast or
denial of service attacks; (iii) unauthorized collection or use of personal or
confidential information, including phishing, pharming, spidering, and
harvesting; (iv) viewing or other use of any Content that, in AMAZONATION’s
opinion, is prohibited under this Agreement; (v) any other activity that places
AMAZONATION in the position of fostering, or having potential or actual
liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan,
penetrate or test the vulnerability of an AMAZONATION system or network or
to breach AMAZONATION’s security or authentication measures, whether by
passive or intrusive techniques. AMAZONATION reserves the right to not
authorize and may terminate your use of the Services based on reasonable
suspicion of your activities, business, products or services that are
objectionable or promote, support or engage in any of the restricted uses
described above.

You shall have no right, title or interest in and to the Service or Software,
which rights of ownership will always be held by AMAZONATION.
You acknowledge that the Service is not intended for permanent storage and
agree not to use the Service for general archiving or back-up purposes. You
also agree not to store “critical” data on the Service, including without
limitation data pertaining to power generation, military or national security, or
any function to sustain or rescue the health or well-being of any person.
6.3. Community forums. The Services may include a community forum or
other social features to exchange Content and information with other users of
the Services and the public. AMAZONATION does not support and is not
responsible for the Content in these community forums. Please use respect
when you interact with other users. Do not reveal information that you do not
want to make public. Users may post hypertext links to content of third parties
for which AMAZONATION is not responsible.

6.4. AMAZONATION may freely use feedback you provide. You agree that
AMAZONATION may use your feedback, suggestions, or ideas in any way,
including in future modifications of the Services, other products or services,
advertising or marketing materials. You grant AMAZONATION a perpetual,
worldwide, fully transferable, sublicensable, non-revocable, fully paid-up,
royalty free license to use the feedback you provide to AMAZONATION in any
way.

6.5. AMAZONATION may monitor your Content. AMAZONATION may, but


has no obligation to, monitor access to or use of the Services or Content or to
review or edit any Content for the purpose of operating the Services, to
ensure compliance with this Agreement, and to comply with applicable law or
other legal requirements. We may disclose any information necessary to
satisfy our legal obligations, protect AMAZONATION or its customers, or
operate the Services properly. AMAZONATION, in its sole discretion, may
refuse to post, remove, or refuse to remove, or disable any Content, in whole
or in part, that is alleged to be, or that we consider to be unacceptable,
undesirable, inappropriate, or in violation of this Agreement.

7. ADDITIONAL TERMS
7.1. We may tell you about other AMAZONATION services. You may be
offered other services, products, or promotions by AMAZONATION (“Other
Services”). Additional terms and conditions and fees may apply. With some
Other Services you may upload or enter data from your account(s) such as
names, addresses and phone numbers, purchases, etc., to the Internet. You
grant AMAZONATION permission to use information about your business and
experience to help us to provide the Other Services to you and to enhance the
Services. You grant AMAZONATION permission to combine your business
data, if any, with that of others in a way that does not identify you or any
individual personally. You also grant AMAZONATION permission to share or
publish summary results relating to research data and to distribute or license
such data to third parties.
7.2. Communications. AMAZONATION may be required by law to send
Communications to you that may pertain to the Services or third party
products and the use of information you may submit to us. Additionally, certain
third party services you choose may require Communications with third parties
who administer these programs. You agree that we and others who administer
such services (as applicable), may send Communications to you by email
and/or may make Communications available to you by posting them at one or
more of our sponsored websites. You consent to receive these
Communications electronically. The term “Communications” means any
notice, record, agreement, or other type of information that is made available
to you or received from you in connection with the Services or third party
services. We may also send Communications to you using the means listed
below.

1. The decision whether to do business electronically is yours, and you


should consider whether you have the required hardware and software
capabilities described below. Your consent to do business electronically and
our agreement to do so covers all transactions you conduct through the
Services.
2. In order to access and retain an electronic record of Communications,
you will need: a computer, a monitor, a connection to an Internet service
provider, Internet browser software that supports 128-bit encryption, PDF
reader, and an email address. As applicable, by selecting the “I Accept”
button, you are confirming to us that you have the means to access, and to
print or download, Communications. We do not provide ISP services. You
must have your own Internet service provider.
3. If you later decide that you do not want to receive future
Communications electronically, please notify us. If you withdraw your consent
to receive Communications electronically, we may terminate your use of the
Services.
4. You agree to notify us promptly of any change in your email address. By
providing us your telephone number (including a wireless/cellular telephone),
you consent to receiving calls from AMAZONATION at that number.
7.3. You will manage your passwords and accept updates. You are
responsible for securely managing your password(s) for the Services and to
contact AMAZONATION if you become aware of any unauthorized access to
your account. The Services may periodically be updated with tools, utilities,
improvements, third party applications, or general updates to improve the
Services. You agree to receive these updates.
8. DISCLAIMER OF WARRANTIES
8.1. YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS
ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS
AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMAZONATION,
ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS,
LICENSORS, DISTRIBUTORS OR SUPPLIERS
(COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE
FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA
LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY
INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY,
QUALITY OF CONTENT IN OR LINKED TO THE SERVICES.
AMAZONATION AND ITS AFFILIATES AND SUPPLIERS DO NOT
WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS,
VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE
EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY
IMPLIED WARRANTIES ARE LIMITED TO 14 DAYS FROM THE DATE OF
PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2. AMAZONATION, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY
REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE
SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL
OBLIGATIONS OR LAWS OR REGULATIONS.

9. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM


EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING
ANYTHING ELSE IN THESE TERMS OR THE SERVICES AGREEMENT(S)
TO THE CONTRARY. THE ENTIRE LIABILITY OF AMAZONATION, ITS
AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS
AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE
SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.
SUBJECT TO APPLICABLE LAW, AMAZONATION, ITS AFFILIATES AND
SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A)
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR
CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES
OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC
COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF
DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS
OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES
NOT MEET AMAZONATION SYSTEMS REQUIREMENTS. THE ABOVE
LIMITATIONS APPLY EVEN IF AMAZONATION AND ITS AFFILIATES AND
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF
AMAZONATION, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH
RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold AMAZONATION and its Affiliates and
Suppliers harmless from any and all claims, liability and expenses, including
reasonable attorneys’ fees and costs, arising out of your use of the Services
or breach of this Agreement (collectively referred to as “Claims”).

AMAZONATION reserves the right, in its sole discretion and at its own
expense, to assume the exclusive defense and control of any Claims. You
agree to reasonably cooperate as requested by AMAZONATION in the
defense of any Claims.

10. CHANGES. We reserve the right to modify this Agreement, in our sole
discretion, at any time. Such modifications may be posted through the
Services, on our website for the Services or when we notify you by other
means. We may also change or discontinue the Services, in whole or in part.
It is important that you review this Agreement whenever we modify it because
your continued use of the Services indicates your agreement to the
modifications.

11. TERMINATION. AMAZONATION may, in its sole discretion and without


notice, restrict, deny, terminate this Agreement or suspend the Services,
related or other Services, effective immediately, in whole or in part, if we
determine that your use of the Services violates the Agreement, is improper or
substantially exceeds or differs from normal use by other users, raises
suspicion of fraud, misuse, security concern, illegal activity or unauthorized
access issues, to protect the integrity or availability of the Services or systems
and comply with applicable AMAZONATION policy, or if you no longer agree
to receive electronic communications, or if your use of the Services conflicts
with AMAZONATION’s interests or those of another user of the Services.
Upon termination, you must immediately stop using the Services and any
outstanding payments will become due. Any termination of this Agreement
shall not affect AMAZONATION’s rights to any payments due to it.
AMAZONATION may terminate a free account at any time. Sections 2.2, 3
through 15 will survive and remain in effect even if the Agreement is
terminated.

12. EXPORT AND TRADE RESTRICTIONS. You acknowledge that the


Services, its related website, online services, and other AMAZONATION
Services, including the mobile application, delivered by AMAZONATION are
subject to restrictions under applicable export control laws, including trade
embargoes and sanctions and security requirements, and regulations
administered by the Philippine government. You agree that you will comply
with these laws and regulations, and will not export or re-export any part of the
Services, in violation of these laws and regulations, directly or indirectly.

13. DISPUTES. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE


SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING
ARBITRATION, RATHER THAN IN COURT, except that you may assert
claims in small claims court if your claims qualify. The Arbitration Act governs
the interpretation and enforcement of this provision; the arbitrator shall apply
California law to all other matters. Notwithstanding anything to the contrary,
any party to the arbitration may at any time seek injunctions or other forms of
equitable relief from any court of competent jurisdiction. WE EACH AGREE
THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY
ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION,
YOU AGREE THAT YOU AND AMAZONATION ARE EACH WAIVING THE
RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN
ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A
CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE
THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE
RIGHTS.

15. GENERAL. This Agreement, including the Additional Terms below and all
services agreements, attachments, exhibits, and scheduled annexed thereto,
is the entire agreement between you and AMAZONATION regarding its
subject matter and replaces all prior understandings, communications and
agreements, oral or written, regarding its subject matter. Any license of
AMAZONATION software or purchase of AMAZONATION services and
support are made pursuant solely to the terms and conditions of this
Agreement. Notwithstanding the content of any purchase order, sales order,
sales confirmation, or any other printed or pre-printed document relating to the
subject matter herein, the terms and conditions contained in this Agreement
shall take precedence over any contract or other document between you and
AMAZONATION, and shall be incorporated by reference into any subsequent
purchase order, sales order, or contract, and any conflicting, inconsistent, or
additional terms and conditions contained therein shall be null and void.If any
court of law, having the jurisdiction, rules that any part of this Agreement is
invalid, that section will be removed without affecting the remainder of the
Agreement. The remaining terms will be valid and enforceable.

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