Terms
Updated February 26, 2024
1. Introduction
Welcome to the Moojo Chain Ltd’s ngl website (www.ngl.store; the “Website”) and NGL shopping app (the "App"), which allows you to receive personalized targeted advertising and cashback rewards based on shopping gurus you have selected and social media feed and other data that you store in a secure digital wallet held on your personal mobile phone, to which wallet and data neither we nor advertisers have any access or process. The Website and the App are collectively referred to herein as the “Services.”The Services are powered by Moojo Chain Ltd. ("Moojo Chain", "we", "our" "Company" or "us"), a marketing solutions company dedicated to enhancing targeted advertising by its corporate clients (the “Clients”), while preserving privacy of users of the Services. Users stand to receive compensation based on the cumulative data in their digital wallets, subject to the conditions outlined herein. You received these Terms of Use ("TOU") because you indicated an interest in using the Services to receive cash back rewards based on the quantity and quality of data you make available in a digital wallet to which only you have the key. Please read the following TOU carefully before downloading the App or using the Services so that you are aware of your rights and obligations with respect to us. These TOU constitute a legally binding agreement between each individual who opens an account with us (each, a “User”, “Participant” or “you”) or otherwise uses the App. If you use the App, you agree that you have read this agreement, understand it, and agree to be bound by all of its terms and conditions. IF YOU DO NOT AGREE TO THE TERMS OF THESE TOU, DISCONTINUE PARTICIPATION IN AND USE OF THE APP AND TERMINATE YOUR ACCOUNT IMMEDIATELY.YOU AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS, DESCRIBED FULLY IN SECTION 16 BELOW, TO RESOLVE ANY DISPUTES WITH THE COMPANY IN THE EXCLUSIVE VENUE AS PROVIDED IN SECTION 16.3.
2. Changes To the Terms and Conditions
Company may at its discretion modify, update, add to, discontinue, remove or otherwise change these TOU at any time. Each such modification will take immediate effect upon notification to you. Company may provide you with notices, including those regarding changes to these TOU, by website, email, regular mail, text message, in-app messaging, or other reasonable means now known or hereinafter developed. Your continued use of the App following any such notifications constitutes your acceptance of such modifications and your agreement to be bound by these TOU. If you do not agree to any modification of these Terms and Conditions, your sole remedy is to terminate your Account by accessing your Account’s Privacy Preferences. The most current version of these Terms and Conditions will be available on our website and supersedes previous versions.
3. App Account
3.1 Age Limitations.
To become a Participant, you must be at least 18 years old.
3.2 Opening a Digital Wallet.
As a first step, You will be asked to provide your mobile phone number, which will be used to identify you and to create a digital wallet (on the blockchain), using a third party service provided by Web3Auth, which digital wallet will be your account (“Account”). Your wallet is accessed through your private key, which is linked to your phone number. Each Participant is limited to one Account.
3.3 Updating Your Account.
You may check your Account status and recent purchase and current status at any time via the App. You will maintain the confidentiality of your handheld phone device, by which you access the App. Company is entitled to act on instructions received under your device and is not responsible for any credits or debits made to your account by someone else who uses your device. If there is a breach of security through your device, you will immediately notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted from the wallet associated with your device is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
3.4 Fraudulent Activity.
We reserve the right to investigate any purchase transactions, referral activity, or interaction with any App that we believe, in our sole discretion, is abusing or has abused the Services. We reserve the right to rescind any Cash Back, bar further Cash Back awards, or terminate any Participant Account that we believe, in our sole discretion, is abusing or has abused the Services, including, without limitation, by engaging in a pattern of returning products after the corresponding Cash Back has been credited or making fraudulent referrals by creating multiple Accounts. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Cash Back or other rewards and bonuses, or any misrepresentation of any information furnished to Company by you or anyone acting on your behalf may result in the termination of your Account and forfeiture of any accrued Cash Back rewards. If Company has any reason to suspect fraudulent activity is associated with your Account, Company reserves the right to delay or withhold payment of Cash Back. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process. Company decisions are final.
4. The Services
4.1. Cash Back.
We offer the ability for Participants to earn cash back (“Cash Back”) on their purchases completed through the App. Company may receive compensation for referring buyers to the retailers, brands, merchants and other partners participating in this Program (“Affiliate Stores”). The opportunity to earn Cash Back is offered at the sole discretion of Company and the Affiliate Stores and is subject to your compliance with this Agreement. In order to earn Cash Back online, you must register for an Account, be signed in to the App, use the shopping links within the App, and complete your purchase transaction during the same shopping session you started after clicking on the shopping link. If you visit other sites before completing your purchase or use coupons not provided by Company, your purchase might be associated with a service other than Company or the Affiliate Stores with which it works and you might not earn Cash Back on your purchase. If you disable “cookies” on your device so that the cookies are not operational when you complete your purchase transaction, you will not be able to earn Cash Back because cookies are used to authenticate the user and verify whose Account is eligible for the Cash Back.
4.2 Increasing the Amount of Cash Back.
Affiliate Store offers are pulled into your Account, compared to the data in your Account and matched offers are identified only on the App on your device. To benefit from richer Cash Back offers, you are invited to link your social media and other data sources to your Account; you will also benefit from richer offers based on your usage of the App. All data that is so linked is saved in encrypted format on a decentralized storage. Neither we, nor the Affiliate Stores nor any other person has access to such linked data.
4.3 Cash Back in form of Gift Cards.
Company gives a portion of the fee it receives from Affiliate Stores to its Participants as Cash Back, in the form of a gift card, which are issued by participating retailers, merchants, and other partners (“Gift Card Issuers”). Some but not all Gift Card Issuers are Affiliate Stores. Company is not the gift card issuer and all gift cards that we make available to you in the App are subject to applicable Gift Card Issuer policies, including, without limitation, applicable shipping, privacy, and return policies. Please review all applicable Gift Card Issuer policies and redemption instructions prior to making your purchase. These will be available in our Gift Card tab. Your use of a gift card is subject to such Gift Card Issue policies, which will govern to the extent they vary from this Agreement.
4.4 Cash Back Exclusions.
CASH BACK IS EARNED ON YOUR NET PURCHASE AMOUNT, WHICH EXCLUDES TAXES, FEES, SHIPPING, GIFT-WRAPPING, DISCOUNTS OR CREDITS, RETURNS OR CANCELLATIONS, AND EXTENDED WARRANTIES. PURCHASES WITH GIFT CARDS MAY NOT QUALIFY FOR CASH BACK IF EXCLUDED IN THE TERMS OF OFFER BY AN AFFILIATE STORE. CASH BACK AMOUNTS VARY BY AFFILIATE STORE AND PRODUCT CATEGORY AND MAY CONTAIN EXCLUSIONS IN THE TERMS OF THE OFFER AND THE APPLICABLE STORE PAGE. PLEASE REVIEW THESE TERMS CAREFULLY.
4.5 Store Policies.
A product purchased online from any Affiliate Store is governed by and subject to the applicable Affiliate Store policies, including applicable exchange and shipping policies. You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. Company is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of Cash Back caused by such changes, discontinuance or withdrawal.
5. Payment Of Cash Back and Other Rewards
5.1 Requirements.
As a condition of payment of accrued Cash Back [or other rewards], you must: establish and maintain an Active Account (defined below). Additionally, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.
5.2 Cash Back Payments.
The minimum payment amount for Cash Back rewards is $10.01. Balances below $10 remain in your Account for potential payment during the next payment period. Company pays its Users accrued Cash Back via Gift Cards, which are issued promptly after the Cash Back rewards are earned and you have chosen which Gift Card you would like. Please note that accrual rates vary depending on the Affiliate Store’s policies and reporting schedules. For example, Cash Back for travel-related purchases typically does not accrue until after travel has been completed. Company reserves the right to delay payment for any purchase based on Company’s suspicion or detection of fraud with your Account, the misattribution of your Cash Back rewards by an Affiliate Store, any anomaly’s detected by Company with your account, changes to Affiliate Store policies at any time. Company also reserves the right to modify the payment schedule at any time. Company is not responsible for payments delivered to the wrong address through no fault of Company or for payment errors made by payment partners, like PayPal. If your Gift Card expires without being cashed or deposited, may be subject to inactive account maintenance charges or subject to state abandoned property law, unless you take the proper steps to restore your Account to Active status.
5.3 Account Adjustments.
In our sole discretion, we may deduct Cash Back from your account to make adjustments for returns and cancellations with respect to Cash Back Program purchases. Any such adjustments will be made in accordance with this Agreement, any applicable Company policies and terms, the terms of the Affiliate Store offer and any and all applicable laws, rules and regulations. The determination of whether a purchase made through an Affiliate Store qualifies for Cash Back is at the sole discretion of Company. If an Affiliate Store fails to report a transaction to Company or fails to make payment to Company for any reason, Company reserves the right to cancel the Cash Back associated with that transaction. It is your responsibility to check your Account regularly to ensure that Cash Back has been properly credited and paid and that your Account balance is accurate. If you believe that Cash Back has not been correctly credited to your account, you must contact Company Member Services within ninety (90) days of the transaction. In addition, Company may make account adjustments for any Cash Back that Company, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with the Referral Program Terms, this Agreement or any other applicable law or regulation. Company decisions are final. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to terminate your account.
5.4 Taxes.
You may be taxed on your receipt of bonuses and other consideration (merchandise, travel, etc.) for member referrals or other promotional activities (such as prizes from a sweepstakes) depending on the tax laws of federal, state and local jurisdictions. You will be solely responsible for any tax liability arising out of the consideration received in connection with any member referrals or promotional activities.
6. Services License
Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the App for your personal use to access the Services. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. We reserve the right to change, upgrade or discontinue the App and any feature of the Services, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by us or our licensors.
7. Services Restrictions
You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Services; (ii) introduce into the Services any code intended to disrupt the App or the Website; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Services (collectively, “Content”); (iv) access the App or the Services by expert system, electronic agent, “bot” or other automated means or frame the program or the Services within any applications; (v) use scripts or disguised redirects to derive financial benefit from Company; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any App for any reason; (vii) rent, sell or sublicense any of the Services; (viii) provide any unauthorized third party with access to the App; (ix) access or attempt to access confidential Content through the Services or attempt to circumvent any security, Content protection, or authentication measure associated with the Services; (x) interfere with the operation of the App, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Services or within the App that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the App or the Services; (xiii) engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the App; (xiv) use the manual or automated software, devices or other processes to "scrape," "crawl," "spider" or index any page of Content from the App; (xv) attack the App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or (xvi) otherwise attempt to interfere with the proper working of the Services.
8. Ownership
All right, title and interest in the Services and the Content belong to Company or its licensors. Additionally, Company shall maintain all right, title and interest in the “NGL Moojo” mark, and any other marks, service marks, trademarks or logos of Company and its affiliates (“Company Marks”). The Company Marks may not be used in connection with any product or service that is not Company’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company or implies a partnership, sponsorship, or endorsement by Company. You shall not by any means bid on any keywords with any search engine containing “Moojo” or anything substantially similar to “Moojo,” or any other Company Mark including, without limitation, Moojo.com or moojo.xyz. You shall not mention or use Company in any ad text, extensions or banner ads without the express written consent of Company. All other trademarks not owned by Company that are used in the Programs are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Company.
9. INDEMNIFICATION
You agree to indemnify Company, our Affiliate Stores, as well as their respective officers, directors, employees, successors, agents and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
10. WARRANTY DISCLAIMER
THE PROGRAM, CONTENT AND THE COMPANY PROPERTIES ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR VALIDITY OF THE APP, CONTENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY SERVICE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES IN CONJUNCTION WITH THE SERVICES.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50) OR THE MAXIMUM CASH BACK AMOUNT YOU RECEIVED IN THE LAST YEAR FROM THE DATE OF ACCEPTANCE OF THESE TERMS, WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.
12. TERMINATION OR SUSPENSION
This Agreement is effective when accepted by you and will remain in effect until you or we terminate your Account. You may terminate your Account by accessing your Account’s Privacy Preferences. We may terminate this Agreement, your Account, and your use of or access to the Program at any time, for any reason or no reason, including if your Account remains inactive per Section 3.4 [Account Activity]. Any violation of this Agreement or the rules and conditions of the Services may result in the termination of your Account and forfeiture of pending or prior Cash Back and other rewards. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Services or any functionality, feature or other component of any Company Property. You agree that Company will not be liable to you or to any third party for your access to or any modification, suspension, or termination of the Services. If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to cease participating in the Services by terminating your Account by writing to us at support@ngl.store. Upon any termination of the Services, your right to use and access the Services, and to receive Cash Back and other rewards, will terminate. Termination will not prejudice either you or our remedies at law or in equity.
13. ACKNOWLEDGMENT OF CERTAIN RISKS
13.1 Risks associated with the Digital Wallets.
Our ability to present targeted offers to you based on data in the digital wallets opened for you, to which wallet and data neither we nor advertisers have any access or process, relies on blockchain technology to store and manage your digital wallet, which is a unique identifier that contains your personal information and preferences. This means that only you have access to your wallet and its contents, and that the App does not collect, store, or share your personal information with any third parties. Blockchain technology is a decentralized system that operates without a central authority or intermediary. Blockchain technology is not infallible and may be subject to hacking, malware, network failures, or other technical or security issues that could compromise the integrity, availability, or confidentiality of your wallet or its Content. It is also subject to various technical, regulatory, and operational risks. These risks include, but are not limited to, network failures, cyberattacks, hacking, theft, loss, corruption, or unauthorized access of your digital wallet or the blockchain, changes in laws or regulations that may affect the legality, validity, or enforceability of the blockchain or your digital wallet, and disputes or conflicts among blockchain participants or developers that may affect the functionality, security, or availability of the blockchain or your digital wallet. To the extent possible, we intend to update the protocol underlying Services to account for any advances in cryptography and to incorporate additional security measures, but we do not guarantee or otherwise represent full security of the system. Your digital wallet is created by a third-party unaffiliated with us. You acknowledge and agree that you are solely responsible for safeguarding and backing up your digital wallet and its private key, and that we are not liable for any loss, damage, or inconvenience that you may suffer related to the creation or use of your wallet or as a result of any of these risks or any other causes beyond our control.
13.2 Risks associated with the Affiliate Stores.
The App allows you to share your personal information and preferences with selected advertisers or third parties in exchange for rewards, incentives, or other benefits. You acknowledge and agree that you have the sole discretion and control over what information you share, with whom you share it, and for what purpose. You also acknowledge and agree that we do not verify, endorse, or guarantee the identity, legitimacy, quality, or reliability of any advertiser or third party that you interact with through the App, and that you are solely responsible for conducting your own due diligence and research before engaging in any transaction or communication with them. You further acknowledge and agree that we are not a party to, and have no involvement or liability in, any transaction or communication that you initiate or participate in with any advertiser or third party through the app, and that you bear all the risks and consequences of such transaction or communication, including, but not limited to, fraud, misrepresentation, breach of contract, non-performance, non-delivery, dispute resolution, or legal action.
13.3 Risks associated with the Gift Cards.
The App rewards you for the amount of personal information you choose to store in your digital wallet by offering you greater discounts for greater amounts of personal information. The discounts are paid to you in the form of gift cards from established brands that you can redeem at their respective online or, depending on the issuing store, also from their physical stores. The gift cards are created by third parties and we do not guarantee the availability, validity, or value of the gift cards, or the quality, safety, or legality of the products or services offered by the brands. The App is not responsible for any disputes, claims, or liabilities arising from your use or redemption of the gift cards, or from your interactions with the brands or their representatives. The app reserves the right to modify, suspend, or terminate the reward program at any time, without prior notice or compensation to you.
13.4 Risks associated with maintenance of personal information in your wallet on your device.
The App ensures that the advertisers are not able to connect your wallet to an identified person by using cryptographic techniques and protocols that match the offerings of advertisers with your personal information inside your wallet that is held on your device. However, the App is not accountable for any actions, omissions, or practices of the advertisers, or for any harm, injury, or violation that may result from your exposure to or engagement with the targeted ads. The App does not endorse, sponsor, or verify the accuracy, reliability, or suitability of the targeted ads, or the products or services they promote. You are solely responsible for evaluating and deciding whether to interact with or purchase from the advertisers or their products or services.
13.5 Risks associated with your use of the App on your device.
The App may collect, use, store, or disclose certain information about you and your use of the app, such as your device information, location data, IP address, App usage data, or other analytics or metadata, for the purposes of providing, maintaining, improving, or enhancing the app and its features, security, performance, or functionality, or for complying with any applicable laws, regulations, or requests from authorities. You acknowledge and agree that we may share this information in aggregated anonymized form with our affiliates, partners, service providers, or other third parties that we work with to support the Services, or that we may transfer this information to other jurisdictions that may have different data protection laws or standards than your own. You also acknowledge and agree that we may use this information to send you notifications, messages, or advertisements that may be of interest to you, or that you may opt out of receiving such communications at any time by adjusting your settings or preferences in the App.
14. Data Collection and Privacy
We value your privacy and collect only your email address if you choose to share it with us. See our Privacy Policy, at https://www.ngl.store/privacy.
15. Informal Dispute Resolution
We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against Company, You agree to try to resolve the dispute informally by submitting your request through an email at support@ngl.store. We will try to resolve the dispute informally by contacting you in writing via email. If a dispute is not resolved within 30 days of submission through this form, you may bring a formal proceeding.
16. Dispute Resolution by Binding Arbitration; Class Action Waiver
16.1 Arbitration.
We and You agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate includes any claims against our employees, agents or affiliated companies. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts. All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.
16.2 Class Action Waiver:
WE AND YOU ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that neither we nor you can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. We and You further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.
16.3 Administration of Arbitration.
To the extent possible under your local law, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules or pursuant to JAMS' Streamlined Arbitration Rules and Procedures (“Rules”). The Rules are available online at www.jamsadr.com. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $10,000, Company will reimburse you for filing and arbitrator fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in Wilmington, Delaware. Judgment upon the arbitration award may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
17. Governing Law and Jurisdiction
These TOU shall be governed by and construed in accordance with the laws of the State of Delaware. Any disputes arising under or in connection with these TOU shall, subject to the arbitration provisions set forth in Section 16, be subject to the exclusive jurisdiction of the courts located in Wilmington, Delaware.
18. Amendments to TOU
We reserve the right to modify these TOU, with notice provided to Participants. Your continued participation constitutes acceptance of the modified terms.
19. Entire Agreement
These TOU constitute the entire agreement between the parties, superseding all prior understandings, agreements, and representations.
20. Severability
If any part of the TOU is found to be unenforceable or invalid, the rest of the TOU will remain in effect.
21. Waiver
A failure to enforce any provision of the TOU does not constitute a waiver of that provision.
22. Assignment
You may not assign your rights or obligations under the TOU without Company's prior written consent.
23. Contact Information
For inquiries, concerns, or feedback about the Campaign or these Terms of Use, please contact us at support@ngl.store.