Terms of Service
Last Updated: September 18, 2024
THE SERVICES (AS DEFINED BELOW) ARE NOT A LINKEDIN PRODUCT OR SERVICE. LINKEDIN CORPORATION DOES NOT ENDORSE THE USE OF, NOR DOES IT HAVE ANY AFFILIATION WITH, THE SERVICES OR PIPELINE (AS DEFINED BELOW). THE USE OF THE SERVICES ON LINKEDIN MAY NOT COMPLY WITH LINKEDIN’S USER AGREEMENT, PROFESSIONAL COMMUNITY POLICIES, OR OTHER APPLICABLE AGREEMENTS OR POLICIES, AND MAY LEAD TO THE RESTRICTION OR BANNING OF YOUR ACCOUNT ON LINKEDIN AND/OR OTHER CONSEQUENCES. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.
THE SERVICES ARE NOT INTENDED FOR USERS WHO RESIDE OR ARE LOCATED OUTSIDE OF THE UNITED STATES OF AMERICA. IF YOU RESIDE OR ARE LOCATED OUTSIDE OF THE UNITED STATES OF AMERICA, YOU SHALL NOT ACCESS OR USE THE SERVICES.
THESE TERMS (AS DEFINED BELOW) CONTAIN AN AUTOMATIC RENEWAL OF SERVICES (SECTION 4.1) AND ARE SUBJECT TO BINDING ARBITRATION (SECTION 9.2) AND A WAIVER OF CLASS ACTION RIGHTS (SECTION 9.3), EACH OF WHICH MAY AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS CAREFULLY.
These Terms of Service (“Terms”) shall govern your access and use of all products and services, including websites (including but not limited to https://www.withpipeline.com), web extensions, software, and data (collectively, the “Services”) provided by Fion Technologies Inc. (“Pipeline,” “us,” “we,” and “our”) to you (in these Terms Pipeline and you are collectively referred to as the “Parties” and each individually as a “Party”). By accessing or using any part of the Services or otherwise accepting these Terms, you (i) acknowledge that you have read, understood, and agree to be legally bound by the Terms, and (ii) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy (available at https://www.withpipeline.com/privacy).
You represent to us that you are lawfully able to enter into contracts, and that you reside and are located in the United States of America. If you are entering into these Terms on behalf of an entity, such as the company you work for, you represent to us that you have legal authority to bind such entity, and such entity is domiciled and located in the United States of America. If you are not lawfully able to enter into contracts, do not have legal authority to bind such entity, you or such entity is not domiciled and located in the United States of America, or otherwise do not agree to these Terms, then you may not access or use the Services.
If you are purchasing the Services by executing an Order Form referring to the Pipeline Master Subscription Agreement (“MSA”) you entered into with Pipeline, the Order Form and MSA will apply to your use of the Services and will supersede any conflicting terms in these Terms.
We may change these Terms from time to time by posting a revised version of the Terms on this site. Please review the site on a regular basis to obtain timely notice of any revisions. The “Last Updated” legend above indicates when the Terms were last changed. If you continue to use the Services after the revisions take effect, you agree to be bound by the revised terms.
Table of Contents
Access and Use of the Services
Authorization of Use of Account; Third Party Services and Integrations
Fees and Payment
Term and Termination
Proprietary Rights
Representations, Warranties, and Disclaimers
Indemnification
Limitations of Liability
Dispute Resolution, Mandatory Arbitration, and Class Action Waiver
General Provisions
Contact Us
Access and Use of the Services
1.1 Your Subscription
Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable, limited right to access and use the Services solely for your internal business purpose, and in accordance with your chosen subscription plan (your “Subscription Plan”) for the duration of your subscription term (“Subscription Term”). The Services will be made available to you via a password protected account that you create with Pipeline.
You acknowledge that the Services may be periodically unavailable due to: (i) planned downtime, and (ii) circumstances beyond our reasonable control, including but not limited to the circumstances set forth in Section 10.3 (Force Majeure). We reserve the right to make changes to the Services at any time and from time to time, provided that we will not materially decrease the functionality of the Services for you during a Subscription Term.
1.2 Changes to your Subscription
Only Upgrades to your Subscription Plan are permitted during the Subscription Term. “Upgrades” means (i) moving to a higher value Subscription Plan, (ii) adding to the number of Authorized Users, or (iii) moving from a monthly to annual Subscription Plan.
1.3 Your Responsibilities
You acknowledge and agree that:
(a) only users registered with Pipeline for an account (“Authorized Users”) will be provided access to the Services;
(b) you and all your Authorized Users will comply with the Terms and all applicable laws, rules and regulations;
(c) you will use and have measures in place to keep any personal data, such as professional contact data, provided to you as part of the Services (“Data”) secure, confidential, and to comply with all applicable data privacy, security and marketing laws and regulations, including but not limited to the California Consumer Privacy Act and the US Federal CAN-SPAM Act of 2003; and
(d) you will monitor and control all activity conducted through your account in connection with the Services, including preventing anyone that is not an Authorized User from accessing and using the Services.
1.4 Prohibited Use
You acknowledge and agree that at all times during your use of the Services, you and your Authorized Users will not:
(a) use the Services for any purposes other than your own internal business to business sales, marketing, or customer relationship management;
(b) share your account login credentials, or publish, distribute, share, sell, lease, transfer or otherwise make any portion of the Services, including Data, available to third parties;
(c) interfere with or disrupt the integrity or performance of the Services;
(d) reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code of any software making up the Services;
(e) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract or export data collected using the Services;
(f) access the Services in order to build a competitive product or service;
(g) use the Services in violation of any applicable laws, including but not limited to data privacy laws, and particularly laws that prohibit the sending of bulk mail, junk mail, spam or other forms of duplicative messages; or
(h) use the Services to stalk, threaten, harass or harm another individual, or use the Services in any way that is misleading, unlawful, defamatory, obscene, invasive, threatening, or otherwise objectionable.
If you undertake any of the aforementioned actions in this Section 1.4, your privileges to use the Services may, at our discretion, be terminated or suspended in accordance with Sections 4 (Term and Termination), and Pipeline shall also have the right to pursue any damages or injunctive relief it may be entitled to under law.
1.5 Enrichment
You acknowledge that when using the Services, you may choose to transmit professional contact information to Pipeline as part of the request to enrich, including matching, cleansing and updating, your records with information from our database and resources. Where such information is transmitted to us, we will make commercially reasonable efforts to respond to the requests by researching and/or verifying directly or through one or more third party resources the professional contact information and will, if applicable, supplement our database with information that we are able to verify or otherwise as needed to provide our Services.
1.6 Free Trial
If you are using the Services through a free trial plan (“Free Trial”), you acknowledge and accept that we may terminate your use of the Services for any reason or no reason at all and without any prior notice. You further agree that you will have no claim or remedy for any failures or termination of the Services. Free Trial credits are further subject to the terms at Section 3.4 (Credits).
1.7 Account and Usage Limits
Where applicable, the Services are subject to account creation and usage limits as specified herein and in your Subscription Plan. We operate under a fair use policy in order to prevent potential abuse which limits the number of accounts you can create to 30 per user per day and limits usage to 500 credits per Authorized User per month. In the event the usage limit is exceeded in a month, we reserve the right to suspend the Authorized User’s access to the Services for the remainder of the month.
Authorization of Use of Account; Third Party Services and Integrations
2.1 Authorization to Use LinkedIn Profile and Credentials
Account creation and use of the Services requires each Authorized User to provide Pipeline with access to its LinkedIn profile. By creating an account and using the Services, you hereby authorize Pipeline to access, store and use your LinkedIn login credentials and profile and other information or data from your LinkedIn account as reasonably necessary to provide the applicable Services offered by Pipeline. You acknowledge and agree that Pipeline has no control over and assumes no responsibility for LinkedIn and, notwithstanding any potential conflict between, on the one hand, the Services and these Terms, and on the other hand, LinkedIn’s User Agreement, Professional Community Policies, or other relevant agreements or policies, that you are responsible for complying with all the terms and conditions imposed by LinkedIn therein, including under its User Agreement, Professional Community Policies, and other relevant agreements and policies. You represent and warrant to Pipeline that each of your Authorized Users has created an account on and uses the Services willingly and of its own free will, and such Authorized User’s employment or engagement with you, if applicable, is not conditioned on such account creation and use. Notwithstanding your payment of Fees or for Additional Purchased Credits for your Authorized Users, you shall not have any right to access or use any of your Authorized Users’ accounts on the Services or their LinkedIn profiles or login credentials, other than as expressly authorized in writing by such Authorized User, provided that you may remove your Authorized Users from your Subscription Plan and cancel and terminate your Authorized User’s access to and use of the Services through your Subscription Plan.
2.2 Third Party Services and Integrations
Some of our Services may provide optional or required integration with or access to select third-party software applications that you obtain separately from a source other than Pipeline, such as your CRM (“Third Party Services”). When you enable integrations with Third Party Services, you hereby authorize Pipeline to access, store and use information or data from your account with the Third Party Services as reasonably necessary to provide the applicable Services offered by Pipeline. You acknowledge and agree that Pipeline has no control over and assumes no responsibility for Third Party Services and that you are responsible for complying with all the terms and conditions imposed by the Third Party Services.
Fees and Payment
3.1 Fees
To access and use the Services, you agree to pay the fees for your Subscription Plan (the “Fees”), where applicable. All Fees are non-refundable.
3.2 Taxes
You are responsible for any applicable taxes, including and without limitation, any sales, use, levies, duties, value added or similar taxes payable and assessed by any local, state, provincial, federal, or foreign jurisdiction. Unless expressly specified otherwise, all fees, rates, and estimates provided by us exclude taxes.
3.3 Payment Terms
Unless otherwise provided, the Fees are due and payable on a monthly or annual basis in advance based on your Subscription Plan. For settlement of the Fees using credit or debit cards or other applicable method, you authorize us to use a third party payment processor to process your payment information. You represent and warrant that the billing and payment information you provide to us is true, you are authorized to make payment for the Fees and that you will promptly notify us of any changes to such information.
3.4 Automatic Renewal Payments
By enrolling in a Subscription Plan, you authorize us to charge the then-applicable Fees and taxes for each subsequent Subscription Term until the Subscription Plan is canceled in accordance with Section 4.2 (Cancellation and Termination). If you receive a discount, used a coupon code, or subscribed during a Free Trial or promotion, your Subscription Plan will automatically renew for the full price of the Subscription Plan at the end of the discount period. This means that unless you cancel your Subscription Plan in accordance with Section 4.2 (Cancellation and Termination) prior to the end of the applicable Subscription Term, your Subscription Term will automatically renew in accordance with Section 4.1 (Term and Renewals), and we will charge your payment method(s). You must cancel prior to the end of your Subscription Term to avoid being charged for the subsequent Subscription Term. We reserve the right to change the Fees at renewal and will provide advance notice of pending Fee changes.
3.5 Credits
Where you purchase credits to use a service provided through the Services, you acknowledge that these credits have no cash value and are not redeemable for cash or any other equivalent currency. Payments for credits are non-refundable and non-disputable. Monthly credits included in your Plan (“Monthly Plan Credits”) do not roll over and will reset on the first day of each calendar month, except for free trial plans where the credits will reset at the end of the applicable trial period. Credits you purchase separately and in addition to Monthly Plan Credits (such additional credits, “Additional Purchased Credits”) do roll over each calendar month and will continue to be available for use until such Additional Purchased Credits are used or, if sooner, your use of the Services is terminated or suspended in accordance with Section 4 (Term and Termination). Pipeline reserves the right to change the number of free credits offered under any free trial plan.
Term and Termination
4.1 Term and Renewals
The Subscription Term commences on the date you purchase the Services and will automatically renew at the end of each Subscription Term for the same duration as the previous Subscription Term, and on the payment terms set forth in Section 3.4 (Automatic Renewal Payments) unless you cancel your Subscription Plan in accordance with Section 4.2 (Cancellation and Termination).
4.2 Cancellation and Termination
You may cancel and terminate your Subscription Plan and access to the Services at any time by submitting a cancellation request through your account prior to the end of your Subscription Term.
We may terminate your Subscription Plan and access to the Services at any time and for any reason by providing notice to you.
You agree that no refunds or credits for any part of the Fees or Additional Purchased Credits will be made upon termination of your Subscription Plan unless we terminate your Subscription Plan without cause, in which case you will receive a prorated refund for the Fees corresponding to the portion of the applicable Subscription Term during which your access to the Services is terminated and for any
Additional Purchased Credits that remain unused and are cancelled in connection with such termination. For the avoidance of doubt, “cause” for termination of your Subscription Plan will exist, among other reasons, if you breach any provision of these Terms.
Your right to access and use the Services shall terminate immediately upon termination of your Subscription Plan.
4.3 Suspension of Access
We may suspend your right to access and use the Services immediately without notice if (a) you fail to pay any Fees when due, or (b) Pipeline reasonably suspects you have breached any provision of these Terms. Your right to access and use the Services will be suspended until such circumstances are remedied to the reasonable satisfaction of Pipeline, and Pipeline will have no liability to you for the period of suspension.
4.4 Survival
Notwithstanding termination of your Subscription and access to the Services, Sections 1.4 (Prohibited Use), 1.6 (Free Trial), 3 (Fees), 4 (Term and Termination), 5 (Proprietary Rights), 6 (Representations, Warranties, and Disclaimers), 7 (Indemnification), 8 (Limitations of Liability), 9 (Dispute Resolution and Mandatory Arbitration), and 10 (General Provisions) of these Terms shall survive and remain in full force and effect following such termination.
Proprietary Rights
5.1 Intellectual Property Rights
You acknowledge and agree that as between you and Pipeline, all rights, title and interest in and to any and all copyrights, trademark rights, patent rights, database rights, and other intellectual property (whether registered or unregistered) or other rights in and to the Services, including all software, Data and other components of or used to provide the Services are owned by Pipeline or its licensors. These Terms do not grant you any right, title or interest in any of the above, except for the limited use rights expressly granted to you at Section 1.1 (Your Subscription).
5.2 User Feedback
You may, at your discretion, provide us with suggestions, comments, corrections, ideas, enhancement or feature requests or other information and materials (collectively “Feedback”). You grant to us a worldwide, irrevocable, perpetual, royalty-free license to use, reproduce, adapt, publish, translate, communicate, display, and distribute your Feedback for the purposes of operating or improving our Services.
5.3 Usage Data
Pipeline may collect, use and analyze general usage and performance information and data (“Usage Data”) about our customers in an aggregated manner for the purpose of improving the Services, research, marketing, benchmarking or for publishing statistics, provided that we will not specifically identify you in the course of collecting, using, analyzing or publishing that information or data. We own and reserve our right, title and interest to the Usage Data.
Representations, Warranties, and Disclaimers
6.1 Representations and Warranties
Each Party represents and warrants that it has the requisite power and authority to enter into the Terms. You further represent and warrant that you will use the Services in compliance with all applicable laws, regulations or any rights of third parties.
6.2 Disclaimer
EXCEPT AS OTHERWISE SET FORTH HEREIN, PIPELINE PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY (INCLUDING WITH REGARDS TO THE DATA) AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT PIPELINE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, OR THAT THE SERVICES WILL RESULT IN ANY BENEFITS OR POSITIVE RESULTS FOR YOU. YOU FURTHER ACKNOWLEDGE THAT USE OF THE SERVICES ON LINKEDIN MAY NOT COMPLY WITH LINKEDIN’S USER AGREEMENT AND MAY LEAD TO THE RESTRICTION OR BANNING OF YOUR ACCOUNT ON LINKEDIN. PIPELINE DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED TO YOUR LINKEDIN ACCOUNT OR BY ANY THIRD PARTY SERVICES. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR THROUGH YOUR SUBSCRIPTION PLAN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, SOLELY TO THE EXTENT SUCH EXCLUSION IS SO PROHIBITED BY APPLICABLE LAW
7. Indemnification
You agree to defend, indemnify and hold harmless Pipeline, its past, present, and future officers, directors, employees, and agents (collectively, the “Pipeline Indemnified Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services, (b) any Feedback you provide, (c) your violation of these Terms, LinkedIn’s User Agreement, or applicable law, and/or (d) your violation of any right(s) of any third party, including but not limited to your Authorized Users, and including but not limited to intellectual property or privacy rights. You agree to promptly notify Pipeline of any Claim(s) and shall cooperate fully with the Pipeline Indemnified Parties in defending such Claims. You further agree that the Pipeline Indemnified Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN ANY WRITTEN AGREEMENT(S) BETWEEN YOU AND PIPELINE.
Limitations of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PIPELINE OR ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR ANY OTHER DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY THIRD PARTY SERVICES OR WEBSITES, INCLUDING BUT NOT LIMITED TO LINKEDIN, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL PIPELINE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, THE ACCESS TO AND USE OF THE SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICES, EXCEED THE GREATER OF (A) $100 OR (B) THE FEES PAID BY YOU TO PIPELINE IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR SERIES OF RELATED INCIDENTS.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE DEEMED PERMANENTLY WAIVED AND BARRED.
THIS SECTION DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
9. Dispute Resolution and Mandatory Arbitration
9.1 Informal Dispute Resolution
In the event of any disputes or claims arising out of or relating to the Terms, both Parties agree to use their reasonable efforts to settle any dispute, claim or controversy directly through consultation and good faith negotiations (“Informal Dispute Resolution”), which shall be a condition to either Party initiating any formal legal claims. To commence this procedure, you agree to contact our support team at support@withpipeline.com.
If the Parties do not reach an agreed resolution within a period of thirty (30) days from the time Informal Dispute Resolution is initiated, then either Party may initiate binding arbitration as the sole means to resolve the claims subject to the terms set forth herein.
9.2 Arbitration
You and Pipeline each hereby agree that any dispute, claim, or controversy arising out of relating to the Terms or the Services will be resolved by binding arbitration as provided in this Section 9, rather than in court, except that you may assert claims in small claims court if your claims qualify. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of California. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), however, and must follow these Terms as a court would. The arbitration will be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as those Rules exist on the effective date of these Terms, including Rules 16.1 and 16.2 of those Rules. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. Neither Party shall sue the other Party other than as provided herein or for enforcement of this clause or of the arbitrator’s award, and any such suit may be brought only in a Federal District Court or a California state court located in San Francisco, California. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of these Terms including any claim that all or any part of these Terms is void or voidable. If for any reason a claim proceeds in court rather than in arbitration we and you waive any right to a jury trial. Notwithstanding the foregoing, the Parties agree that either Party may seek any interim or preliminary injunctive relief from a court of competent jurisdiction located in San Francisco, California, as necessary to protect the Party's rights or property pending the completion of arbitration. Each Party hereby submits to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in San Francisco, California.
9.3 Class Action Waiver
THE PARTIES AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. Unless both Parties agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the Party seeking relief and only to the extent necessary to provide relief warranted by that Party’s individual claim. If a court decides that applicable law precludes enforcement of any the limitations set forth in this Section 9.3 as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. If any court or arbitrator determines that the class action waiver set forth in this Section 9.3 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
9.4 Thirty (30) Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by e-mail to legal@withpipeline.com with subject line LEGAL OPT OUT or by mail to Fion Technologies Inc., 548 Market Street PMB 74919, San Francisco, CA 94104, Attention: Legal. The notice must be sent within thirty (30) days of your first use of the Services, otherwise you shall be bound to arbitrate disputes and will be deemed to have agreed to waive any right to pursue a class action in accordance with the terms of this Section 9. If you opt-out of these provisions, we will also not be bound by them.
General Provisions
10.1 Assignment
These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Pipeline’s express written consent.
10.2 Notices
All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when transmitted, if transmitted by e-mail and provided that no bounce-back notification is received in connection thereto; upon your next login to your account after we send you a notice, if we notify you through the Services; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Except as otherwise set forth herein, all notices to Pipeline hereunder shall be addressed to Pipeline at our mailing or e-mail addresses set forth in Section 11 (Contact Us). We may notify you hereunder at the mailing or e-mail addresses you provide when setting up your account, as subsequently modified in your account settings, or through the Services.
10.3 Force Majeure
Except for your payment obligations, neither Party shall be liable for any delay or failure in performance of to the extent caused by a condition, such as natural disaster, an act of war or terrorism, acts of God, riot, labor condition, governmental action, Internet disturbance, or acts undertaken by third parties, including without limitation, denial of service attack that was beyond the Party's reasonable control.
10.4 Severability
If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of the Terms will remain in effect.
10.5 Non-Waiver
No failure or delay by either Party in exercising any right under the Terms will constitute a waiver of that right.
10.6 Entire Agreement
Except as expressly agreed to in writing by Pipeline, the Terms constitute the entire agreement between the Parties with respect to the Services, and supersede all previous or contemporaneous agreements, whether written or oral, between the Parties. In the event you execute an Order Form and MSA with us and there is any conflict or inconsistency with these Terms, the order of precedence shall be: (1) the Order Form and MSA, and (2) these Terms.
10.7 Export Controls
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
Contact Us
If you have any questions about our Services and these Terms, about our privacy or security practices, or if you would like to request access to or correction of your personal information, you can contact Pipeline by mail or e-mail:
Fion Technologies Inc.
548 Market Street PMB 74919
San Francisco CA
94104
For questions about our Services and these Terms: support@withpipeline.com
For questions about our privacy or security practices, or if you would like to request access to or correction of your personal information: privacy@withpipeline.com