Terms of Service

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION SECTION.

1. Terms of Service

These Terms of Service (“Terms”) are a contract between you and GetNOISY LLC (“GetNOISY”). They cover your access and use of the GetNOISY Platform and the GetNOISY Service. The “GetNOISY Platform” includes the GetNOISY web application and its related services. The “GetNOISY Service” includes GetNOISY devices (“NOISY”), associated hardware, firmware, software, the GetNOISY Platform, APIs, websites, products, and services. GetNOISY provides data analysis, aggregation, and storage services of noise data collected through the noisy device.

By using the GetNOISY Service or creating a GetNOISY account, you agree to and accept these Terms. If you don’t agree to any of the Terms, do not create an account or use the GetNOISY Service.

By accessing or using the GetNOISY Service, you agree that GetNOISY LLC can collect and use your information in accordance with our Privacy Policy.

2. Purchase and Returns

You must provide personal information to place an order for a GetNOISY device. The indicated price does not include taxes, fees and charges of the applicable law, which shall be for your account. Any order placed is an offer to purchase the GetNOISY Service. Orders are subject to availability and are accepted at our discretion. We may accept, decline, or place limits on your order for any reason.

You assume the responsibility for your purchase, and no refunds will be issued. We will replace your defective GetNOISY device if we satisfactorily determine, in the exercise of good faith, that the claimed defect warrants replacement. GetNOISY devices purchased through distributors and retailers must be returned in accordance with their respective policies. Please ensure that the GetNOISY device you are returning is repackaged with all the cords, adapters and documentation that were included when you received it. Unless defective, we do not accept returns for GetNOISY devices purchased on our website or directly from us. Shipment and Insurance costs are payable by you, but we will pay shipment for any warranty replacement units.

We may use third party tools to process payments. If the respective providers of the third part tools refuse to authorize a payment, we cannot provide the GetNOISY Service and we will not be liable for any delay or failure to deliver.

3. Necessary Equipment

Full use of the GetNOISY Service requires the use of a personal computing device, such as a computer, smart phone or tablet, and internet access. The maintenance of your applicable personal medium and internet connection may influence the performance of the GetNOISY Service. It is your responsibility to ensure the compatibility and functionality of your equipment and internet connection.

The use of the login protected web application via a computer is only available to GetNOISY subscription users.

4. Incorporated Rules and Policies

GetNOISY grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the GetNOISY Service as authorized in these Terms.

You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer or otherwise exploit the GetNOISY Service.

You will not: fraudulently introduce any data on the GetNOISY Service; interfere , obstruct or distort the proper working of the GetNOISY Service or to use it in any manner whatsoever to interfere with any rights of GetNOISY and of third parties; undertake any action or use any method allowing data to be retrieved, including data scraping, data harvesting, web crawling from the GetNOISY Service or our database enabling any direct or indirect migration and/or duplication of a significant portion of the data and services accessible from the GetNOISY service; probe, scan, and technically analyze the GetNOISY Service; test the vulnerability, the performance and functionality of the GetNOISY Service for reasons other than the ones strictly necessary to use the GetNOISY Service; breach of any security measures implemented on the GetNOISY Service; use any illegitimate means to breach any authentication method implemented by GetNOISY; access and maintain yourself into any section of the GetNOISY Service that is not specifically accessible to you by the usual use of the GetNOISY Service; or modify, decompile, disassemble, reverse engineer, tamper with, or otherwise derive the source code or circumvent the technology of any part of the GetNOISY Service.

We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve or alter the performance of the Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the GetNOISY Service. If you do not terminate a previously created GetNOISY account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the GetNOISY Service and you agree to promptly install any Updates GetNOISY provides. Your continued use of the GetNOISY Service is your agreement to these Terms with respect to the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

Every purchase of a GetNOISY device includes a micro-USB cable and an adapter, which have been approved by us and certified based on safety standards. Proper usage of a GetNOISY device requires the sole use of the provided accessories for their specific purposes. You will not use other accessories or charging devices other than those approved and provided by us.

Use of the GetNOISY Service should not replace your good judgment and common sense.

5. Creating An Account And Setting Up Your Device

Full use of the GetNOISY Service requires that you create an account. By creating an account, you confirm that you are legally entitled to do so in your jurisdiction, such as your city, state, country, or any institution that may have legal influence on your rights to share information. When you create an account with us, you voluntarily provide your first name, last name, email address, password and time zone. You may also voluntarily indicate your birthday and gender. When you setup your device, you voluntarily provide its time zone and location. This ensures that you are able to accurately view all your current and historical noise data based on the local time the noise events have occurred.

You are responsible for all activity that occurs on or through your GetNOISY account. GetNOISY is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. If you suspect a security breach, please let us know immediately at support@getnoisy.io.

6. Third-Party Content

The GetNOISY Services give you the ability to access data content controlled by third parties (“Third-Party Content”) over which we exercise no editorial or programming control. You understand the following:

1. Third-Party Content providers may restrict or revoke access to their content at any time;
2. To the extent possible under the governing law, we are not responsible for and have no editorial control over any Third-Party Content; and
3. GetNOISY has no control over the distribution of Third-Party Content.

You agree that GetNOISY will have no liability to you or anyone else who uses your GetNOISY System with regard to any Third-Party Content. You also agree and declare that any and all Third-Party Content accessed or transferred using the GetNOISY Services is for personal, non-commercial use and that the GetNOISY Services will not be used to illegally copy, illegally display or otherwise make illegal use of Third Party Content. Generally, authorization from the appropriate rights holder is needed prior to displaying, using, or copying Third Party Content.

Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders’ rights.

GetNOISY may terminate the accounts of users of any GetNOISY service or software who infringe the copyrights, trademarks, or intellectual property rights of others. In addition, steps intended to defeat, or bypass security measures designed to prevent intellectual property infringement may be illegal under U.S. law or comparable foreign laws. GetNOISY may terminate the GetNOISY accounts of users who develop or use methods to defeat or bypass such security measures or allow any third party to do so without prior notice and may take any other necessary or appropriate action to prevent infringement of intellectual property holders’ rights.

7. Online/Offline Airplane Noise Complaint Submissions (upon availability)

Once implemented, GetNOISY will make reasonable, good faith efforts to submit all airplane noise complaints that you generate online on our platform to participating airports. However, we cannot guarantee that an airport will let us allow to submit online airplane noise complaints through our service. In those cases, you will have the option to download a printable version of the complaint, which you then can mail out.

We reserve the right to remove complaints from the system or prevent submission of complaints that we deem to be inaccurate, untruthful, or contradictory to the policies of any airport agency receiving these noise complaints.

By using our services, you acknowledge that some third-party services which are not under control, may be interrupted, disabled, blocked, or otherwise not available for use by GetNOISY Services and that these actions may prevent GetNOISY Services from fully generating an airplane noise complaint and/or submitting it on your behalf.

Any information you provide or authorize us to provide to airport authorities in conjunction with filing airport noise complaints is considered part of the public record. This means that any information you provide, including your name, address, phone number, email address and any other individually identifiable information, should be assumed to be accessible under public records or freedom of information requests.

We don’t accept any anonymous airplane noise complaints and any attempt to conceal, shield, or obscure the identity of an account holder in GetNOISY Services is justification for immediate account termination.

8. Internet Service Provider And Cell Phone Charges

The GetNOISY Services require the use of a broadband Internet connection. You are responsible for any service charges for your internet connection or data plan incurred as a result of using or accessing the GetNOISY Services and acknowledge and agree that you will be solely responsible for all disputes with any internet service or cell phone provider relating to same. GETNOISY is not responsible for and does not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.

9. Communications

In connection with your use of the GetNOISY Service, we may send you service messages, updates, security alerts, and account notifications via e-mail and when you log on to your GetNOISY account and use the GetNOISY Platform. You may use your account settings to control most communications from us. We may also send you our newsletter if you previously signed up to our e-mail newsletter. If you wish to stop receiving our newsletter, please click “Unsubscribe” at the bottom of each e-mail.

10. Subscription Fees

Some GetNOISY Services require an ongoing subscription. You agree to pay your subscription fee in advance. Your subscription services, fees & period definitions are stated in your GetNOISY subscription plan, unless otherwise stated in separate agreements with GetNOISY. Your subscription fee will cover the GetNOISY Services covered in your GetNOISY subscription plan. You may have a choice of subscription payment options and may change your selected payment option by notifying GetNOISY in accordance with the subscription plan. If for any reason you need to reactivate a terminated subscription you may be charged a reactivation fee. If you register for the GetNOISY Services under a promotional subscription fee, some additional restrictions may apply. Whatever your subscription payment option, your subscription fee does not include any services, features or functionality other than the GetNOISY Services as defined in the plan you choose. GetNOISY may offer multiple subscription plans with varying levels and services.

11. Payment Authorization (upon availability of online payments)

To sign up for a subscription option with recurring payments, complete the required registration details online, select your method of payment, check the box to “Automatically Renew my Service Plan,” and click “Continue.” You will receive an e-mail confirmation of your auto renewal once you complete the initial payment process. If you choose a subscription option with recurring payments (i.e. the monthly and annual subscriptions) you agree that GETNOISY may automatically charge the subscription fee to the credit or charge card provided and associated with your account at the beginning of each period at the frequency you have selected unless and until you cancel the subscription option by unchecking the auto-renewal option in your GetNOISY account settings at www.getnoisy.io or by canceling your GetNOISY Services. You must cancel prior to the subscription fee being charged to the credit or charge card. If you signed up at a promotional rate any renewals past the promotional period will be charged at the then effective subscription fee. Access to your GetNOISY Services will not be established until GETNOISY or its agent has verified that the credit card information is valid, accurate and that your credit card account is in good standing. You will receive e-mail reminders of your auto renewal 30 and 7 days prior to any applicable renewal. You will also receive a reminder email a day before your date of renewal reminding you that your subscription option will be renewed for an additional period.

To the extent possible under the governing law, GETNOISY may change the GetNOISY Services fees or charge additional fees for features and functionalities that are not a part of the GetNOISY Services. Such fee changes and additional charges will generally not take place until the renewal date for your subscription, and if you are dissatisfied with the fee changes or additional charges, you may terminate your use of the GetNOISY Services because of the implementation of such fee changes or additional charges and be entitled to a pro-rated refund of any of your paid for, but unused, fees for using the GetNOISY Services. GETNOISY will notify you by an email to the email address on record for your account in advance of any fee changes or new fees.

GETNOISY may suspend or terminate your GetNOISY Services with at least 10 days’ notice to the account e-mail on file upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks the return of payments previously made to GETNOISY for GetNOISY Services. You agree GETNOISY may charge interest on all amounts due that remain unpaid for 30 days or more. The monthly interest will equal 1% of the past due amount or the highest rate allowed by law, whichever is less, until the past due amount and interest is paid. Such rights are in addition to and not in lieu of any other legal rights or remedies available to GETNOISY. GETNOISY may refer your account to a third party for collection in the event of ongoing default.

12. Title To Software And Intellectual Property

You may need to use certain software programs in your GetNOISY System to use or have full access to certain features of the GetNOISY Services. You are required to accept and use the software included in your GetNOISY System at the time of purchase and other software programs that may be delivered to your GetNOISY System by GETNOISY from time to time. GETNOISY and/or its subsidiaries, affiliates, and licensors retain title to and ownership of all the software for the GetNOISY System and certain intellectual property rights in the GetNOISY System. GETNOISY and/or its affiliates also retain ownership of all GETNOISY copyrights and trademarks. In the case of third party software delivered by GETNOISY and/or its subsidiaries and affiliates to the GetNOISY System, the applicable third party retains title to and ownership of its software, copyrights and trademarks.

Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute or use for other purposes the GetNOISY System or the software of the GetNOISY System is strictly prohibited, unless such prohibition is not allowed under the applicable law. If you install any GETNOISY software applications on your home computer (e.g. the Device Installation Manager Software), ownership and the other terms of such use are governed by the applicable End User License Agreement to which you must agree prior to installation.

Any photos, images, graphics, video, audio, data, text, music, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the GetNOISY Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the USA and foreign countries.

We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the GetNOISY Service.

Our logos and any other GetNOISY trademarks, and the overall look and feel of the GetNOISY Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the GetNOISY Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

13. Open Source Software

Certain components of the software for the GetNOISY System are subject to the GNU General Public License (“GPL”) or other so-called open source licenses (“Open Source Software”). Open Source Software may not be subject to the restrictions in Section 12 of these Terms. You are free to use, modify and distribute Open Source Software that is subject to the GPL so long as you comply with the terms of the GPL (available at www.gnu.org/copyleft/gpl.html). For clarification, these Terms do not limit your rights under, or grant you rights that supersede, the license terms of any applicable Open Source Software.

14. Special Admonitions For International Use

Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from the country in which you reside. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

15. No Resale Of GetNOISY Services

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the GetNOISY Services (including your GetNOISY ID), use of the GetNOISY Services or access to the GetNOISY Services.

16. Modifying And Terminating Our Services

We are constantly improving the GetNOISY Service. We may add or remove, temporarily or permanently, any function, feature, or component of the GetNOISY Service at any time without notice. We are not liable for any modification, suspension, or discontinuance of any function, feature, or component of the GetNOISY Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the GetNOISY device without prior notice to you.

You can stop using the GetNOISY Service at any time by deleting your GetNOISY account. We may also stop providing the GetNOISY Service to you or add or create new limits to any aspect of the GetNOISY Service at any time and without notice or liability to you. If we discontinue the GetNOISY Service, we will provide you with reasonable advance notice and a chance to retrieve information you previously provided to us where reasonably and legally possible.

17. Indemnity

You will indemnify and hold harmless GetNOISY including its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the GetNOISY Service, your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or your violation of any law or the rights of a third party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

If you are using the GetNOISY Service on behalf of a business, that business warrants that it is duly incorporated and registered in accordance with the laws of any jurisdiction and that it accepts these Terms. It will hold GetNOISY and its affiliates, officers, agents, and employees harmless from any claim, suit, or action arising from or related to the use of the GetNOISY service or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

18. Exclusions Of Warranty And Liability

Other than as expressly set out in these terms or additional terms, we or our suppliers or distributors, or any other party involved in creating, producing, or delivering the GetNOISY Service do not make any specific promises about the GetNOISY Service, including but not limited to the content within the GetNOISY Service, the specific functions of the GetNOISY Service, or their reliability, availability, or ability to meet your needs. We provide the software and services “as is”, without warranty of any kind, except for the NOISY devices and their accessories, for which we provide a one-year warranty from the time of purchase. We disclaim all express or implied warranties arising out of or related to these Terms or the GetNOISY Service to the extent permitted by law. We make no warranty that the GetNOISY Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the GetNOISY Service.

We do not guarantee or promise any specific level of noise decibel level accuracy. That said, the NOISY sound sensors continuously measure sound using laboratory calibrated microphones that have been found by third party independent evaluators of the National Institute of Occupational Safety and Health to fall within class 2 specifications. From time to time, we may use the GetNOISY Services to provide you with information that is unique to you and your airplane noise monitoring situation and may suggest ways to enhance or improve or otherwise alter your habits. GetNOISY does this to highlight options for your consideration based on our analysis and information that has been monitored and collected.

YOU ACKNOWLEDGE THAT THESE SUGGESTIONS ARE NOT CONSIDERED LEGAL ADVICE AND THE EFFICACY AND APPLICABILITY OF SUCH SUGGESTIONS MAY VARY. We accept no liability regarding your actions based on the information provided by the GetNOISY Service, and make no warranties and representation about the applicability of such information or guidance to your specific needs.

We, or our suppliers or distributors, or any other party involved in creating, producing, or delivering the GetNOISY Service will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages, and any loss or damage that is not reasonably foreseeable. To the extent permitted by law, our total liability and our suppliers, distributors, and any other party involved in creating, producing, or delivering the GetNOISY Service for any claims under these Terms, including for any implied warranties, is limited to the amount you paid us to use the GetNOISY Service and devices, or USD 100 if you have not had any payment obligations to us, as applicable.

19. Privacy

Please see our Privacy Notice for information regarding the collection and use of personal information collected through our Products and Services.

20. Waiver

Any failure by either party to exercise or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the GetNOISY. Any single or partial exercise of any right, power or privilege shall not preclude any other or further exercise thereof.

21. Email Notice

Any notice or other communications provided by us under these Terms will be given by e-mail or by posting to the GetNOISY Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

22. Severability

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part or provision shall be deemed as unwritten, and the other provisions of these Terms will remain in full force and effect.

23. Jurisdiction And Choice Of Law

GetNOISY controls and manages the Services from its facilities in the State of California in the United States of America. Unless otherwise stated, materials and content on the Services are presented solely for promoting Products and Services in the United States of America. Information published on the Products and Services may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on the Products or Services are legal, available or appropriate in your country or region.

These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law.

24. Dispute Resolution

Mandatory, Bilateral Arbitration and Waiver of Class Actions

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

YOU AND GETNOISY AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES AND/OR PRODUCTS, TO THIS AGREEMENT, OR TO THE CONTENT, ANY RELATIONSHIP BETWEEN US AND/OR ANY RECORDING/DATA COLLECTION ON THE SERVICES AND/OR PRODUCTS SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court in your county of residence within the United States if your claims qualify; and (2) this agreement to arbitrate does not include your or GetNOISY’s right to seek injunctive or other equitable relief in state or federal court in Los Angeles County California to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms.

“Disputes” shall include, but are not limited to, any claims or controversies between you and GetNOISY against each other related in any way to or arising out of in any way from this Agreement, the Services, the Products, and/or the Content, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and GetNOISY, even if the claim arises after you or GetNOISY has terminated Services or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) GetNOISY brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and GetNOISY, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with GetNOISY; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.

Dispute Notice

Before initiating an arbitration, you and GetNOISY each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: 105 E Sunset Dr S, Redlands, CA 92373, Attention: Legal Department. We will provide a Notice of Dispute to you via the email address associated with your GetNOISY account. You and GetNOISY agree to attempt in good faith to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until a forty-five (45) day post-notice resolution period expires.

*Arbitration Process and Procedure *

If the parties do not reach an agreed upon solution within forty-five (45) days from the original Dispute Notice, then either party may initiate binding arbitration as the sole means to resolve claims, subject to these terms. Arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside or any reasonable location within the United States convenient for you. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. Further, unless both you and GetNOISY expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations 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, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.

YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND GETNOISY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.

The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and GetNOISY each agree that all issues regarding the Dispute are delegated to the arbitrator to decide. Further, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Hearing

If your claim does not exceed $10,000 (USD), you and GetNOISY agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and GetNOISY submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or GetNOISY, or deemed necessary by the arbitrator, you and GetNOISY agree that the hearing will be conducted by telephone or video conference call.

Arbitrator’s Decision

An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

*Fees *

It is each parties’ responsibility to pay any JAMS filing, case management, administrative, and arbitrator fees as set forth in the JAMS Rules. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, GetNOISY will pay the additional cost. If your claim for damages does not exceed $25,000 (USD) and you follow the dispute notice procedure set forth above, GetNOISY will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).

*Small Claims & Government Actions *

As an alternative to arbitration, you or GetNOISY may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against GetNOISY on your behalf.

25. Entire Agreement

These Terms constitute the entire agreement and understanding between us in relation to your use of and access to the GetNOISY Platform and GetNOISY Services, subject to the terms of any separate agreement between GetNOISY and a user which provides that it supersedes the terms hereof.

26. Assignment

We reserve the right to transfer, assign, dispose of by novation or subcontract all or any rights of obligations under these Terms as long as your rights under these Terms are not affected. You may not assign or transfer your rights or obligations under these Terms in anyway without our written consent.

27. Modifications

We may change the Terms of Service from time to time. Any changes to these Terms of Service shall be posted on this page. We shall notify you of any material changes and give you an opportunity to review and comment on any revisions before deciding if you would like to continue using the GetNOISY Service. We will let you know of any material changes via an alert on the GetNOISY Platform, website, or email to the email address associated with your GetNOISY account. By using the GetNOISY Service on or after the effective date, you agree to the new Terms. If you do not agree, please delete your GetNOISY account, and stop using the GetNOISY Service. Otherwise, your continued use shall subject to the new Terms.