If you elect to create an account on the Site, you agree to provide true, accurate, current and complete information about yourself. To the fullest extent permissible by applicable law, you are solely responsible for protecting the security of your username and password in your possession. To the fullest extent permissible by applicable law, you are solely responsible for all actions and transactions performed using your username and password whether or not such use was authorized by you. To the fullest extent permissible by applicable law, Dutch reserves the right to at any time, with or without notice, terminate your user account for any reason or no reason at all.
These TOU constitute an agreement that is effective unless and until terminated by Dutch, at any time without notice. In the event of termination, you are no longer authorized to access this Site and the restrictions imposed on you with respect to the Site Content as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive to the fullest extent permissible by applicable law.
By using the Sites, you agree to the fullest extent permissible by applicable law that any dispute in any manner arising out of or relating in any way to these TOU, shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. ("JAMS") pursuant to JAMS’ arbitration rules, held before a single neutral arbitrator in the Los Angeles, California area. The parties to arbitration may use legal counsel at their own expense, and the prevailing party shall be entitled to its reasonable attorney’s fees. All costs of arbitration (including arbitrator fees) shall be paid by Dutch, except only that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. This provision will not affect any claimant’s rights to seek relief from small claims court. Claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective, or private attorney general action, shall be a "Class Action." Notwithstanding anything else in these TOU or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action related to a dispute covered by this arbitration provision to the fullest extent permissible by applicable law. However, if these Class Actions restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall be exempted from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.
To the fullest extent permissible by applicable law, this Site and its use shall be governed by the substantive laws of the State of California and the United States of America. To the fullest extent permissible by applicable law, any rights not expressly granted herein are reserved by Dutch. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. To the fullest extent permissible by applicable law, failure of Dutch to enforce a right under these TOU will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. To the fullest extent permissible by applicable law, Dutch may assign these TOU, in whole or in part, at any time with or without notice to you. You may not assign these TOU, or any part of these TOU, to any other party, and any attempt to do so will be void. Dutch enters into these TOU on behalf of itself and its worldwide affiliates, and may enforce these TOU on behalf of those affiliates to the fullest extent permissible by applicable law. The above stated rules represent the entire understanding between each user of this Site and Dutch, regarding the subject matter hereof and supersedes any prior statements or representations or agreements.
If you have questions about these TOU, please feel free to send us an e-mail at firstname.lastname@example.org.
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