Posted: December 23, 2021
Effective: December 23, 2021
Last Updated: December 2021
“You," “your,” and similar terms refer to users and potential users (collectively, “Users”) who access or use the App, the Site and/or the Services. Your compliance with these Terms is a condition to your use of the App, the Site and/or Services. If you do not or cannot comply with these Terms you are not permitted to use the App, the Site or the Services.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by these Terms. If you do not agree to all of these Terms, then you must immediately discontinue your use of the App, the Site and the Services. If these Terms are considered an offer by Oops, acceptance is expressly limited to these Terms. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH OOPS.
If you are entering into these Terms on behalf of a company, organization or other business entity, you hereby represent and warrant that you are authorized to enter into these Terms on behalf of such company, organization or other business entity.
Subject to these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to use our Services and to access and use the App and Site (“Permitted Use”). All intellectual property, ownership and other rights of any kind whatsoever in the App, the Site and Services remain our property and are exclusively owned by Oops.
Unless you have written permission from us stating otherwise, you are not authorized to use the Services, App or Site in any of the following ways. Note that these are examples only, and the list below is not a complete list of everything that you are not permitted to do.
You are not allowed to use the Services, App or Site:
In addition to the above, Oops reserves the right to terminate your account at any time at its discretion and without notice.
Unauthorized use of the Services, the App or the Site may result in the violation of various United States and international laws, including copyright laws, and may further result in the deletion of your Oops account or a block from the Services, the App and Site.
As part of the account set up process, we will ask you for your information, including phone number, username and email address. You agree to provide us with accurate, true, and complete information. Should your information change, you agree to keep it up-to-date.
You agree to choose a h3 and secure password(s) and maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access the App or the Site. Should you believe your password or security for the App or the Site has been breached in any way, you must immediately notify us at [email protected].
If you subscribe to any paid subscriptions, you agree to pay all applicable fees related to such subscriptions. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular subscription and utilized Services.
The subscription period for paid accounts can be month-to-month, yearly, or another duration described more fully on the Site and the App.
Paid accounts are subject to fees based upon the account type you have selected. All subscriptions will automatically renew unless they are cancelled through your app store account or otherwise as specified in these Terms. For such renewals, Oops will automatically charge your payment method in the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Oops will have no liability to you arising out of the acts or omissions of such third parties. If applicable, you agree to maintain current billing information.
We may change our fees at any time. When applicable, we may give you advance notice of the fee changes.
BY CREATING A PAID ACCOUNT, YOU CONSENT TO ALLOW OOPS TO CHARGE YOUR PAYMENT METHOD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.
You can also cancel your account at any time by contacting customer service at [email protected]. It may take up to five business days for the update or cancellation to take effect.
Please note that after you cancel your account via any method, you may not be able to use or access the platform or our Services and you will not be entitled to a refund of any fees that you have already paid.
If you provide us with any suggestions for improvement, comments, or other feedback regarding the Services, the App or the Site (collectively, “Feedback”), you hereby grant to Oops a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
By signing up for any paid accounts or any fee-based services, you consent to receive emails and other alerts related to such accounts and/or services (e.g., confirmations and reminders). Furthermore, when you sign up for an Oops account, you consent to receive automatic and voluntary “push” notifications based on the preferences you select (collectively, “Notifications”).
If you do not wish to receive Notifications, you may disable them; provided, however, that you understand and acknowledge that some Notifications are necessary for the proper functioning of the Services.
If you provide your phone number for text reminders, you also consent to receive SMS text reminders from Oops related to the accounts and/or services that you have signed up for.
You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you are able to receive emails from us.
The Services may allow you to connect or integrate your Oops account with certain accounts provided by third parties with whom you have a customer relationship, maintain an account, or engage in financial transactions (“Third-Party Integrations”). Oops may also use third party data sources to assist in facilitating Third-Party Integrations and collect and sync data from Third-Party Integrations (“Third-Party Integration Data”). Oops does not review Third-Party Integration Data for accuracy, legality or non-infringement. Oops is not responsible for Third-Party Integration Data or products and services offered by or on third-party sites. Oops cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, and personalization settings, or from device operating environment malfunctions or other service interruptions. Oops cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any User Data, communications or personalization settings. You are responsible for connecting, integrating, and syncing with Third-Party Integrations, including any necessary credentials, authentication codes, keys, or other tools to connect with a Third-Party Integration. We may provide tools to facilitate such connections and/or guides detailing a process for facilitating such connections, but you are entirely responsible for arranging such connections in an accurate, complete, and secure manner. You agree that Oops disclaims any responsibility or liability for and that Oops will not be held liable for any loss arising out of relating to your connection to a Third-Party Integration, and you hereby irrevocably waive any claim against Oops with respect to any Third-Party Integrations or Third-Party Data.
We assume no responsibility for the information in the Submissions. We do not endorse the information contained in the Submissions or guarantee its correctness. If you choose to rely on another user’s Submission, you are solely responsible for such decision and you do so at your own risk.
You, and you alone, are responsible for making sure that your Submissions meet the following requirements:
We reserve the right not to publish a Submission, or to remove a published one, at our own discretion and without notice. We reserve the right, but not the obligation, to review and approve any Submission before publishing it.
We do not guarantee you will be able to edit or remove a Submission. We may provide functionality within the App or the Site to allow you to edit or remove your Submissions. You may also contact [email protected] to request removal of your Submission. If we are unable to remove your Submission, we will let you know.
We take intellectual property rights seriously. If we suspect a User has violated the intellectual property rights of others, by uploading materials or otherwise, we reserve the right to remove that content, and any other content uploaded by that User. We may also revoke the User’s access to the App, the Site and the Service, terminate their account, or utilize any other legal or other remedies available to us.
Pursuant to Title 17 of the United States Code, Section 512, part of the Digital Millennium Copyright Act (DMCA), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by an Oops User, please provide written notice to us for notice of claims of infringement at [email protected].
To be sure the matter is handled immediately, your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, our agent will be unable to address the listed concern.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:
We reserve the right, in our sole discretion, to terminate the account or access of any Oops User who is the subject of repeated DMCA or other infringement notifications.
THE SERVICES, APP AND SITE AND ALL CONTENT THEREIN ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY OF DATA, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES, THE APP OR THE SITE ARE FREE OF PROBLEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY (I) THAT THE SERVICES, THE APP OR THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY SUCH ERRORS OR DEFECTS WILL BE CORRECTED, (II) THAT THE CONTENT, INCLUDING WITHOUT LIMITATION, THE SERVICES, APP AND SITE, ARE FREE FROM VIRUSES, HARMFUL COMPONENTS, OR MALICIOUS CONTENT, (III) THAT THE CONTENT, INCLUDING WITHOUT LIMITATION, THE SERVICES, APP AND SITE WILL MEET YOUR PERSONAL OR BUSINESS REQUIREMENTS, (IV) AS TO THE RESULTS THAT MAY BE OBTAINED OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, THE APP OR THE SITE, OR (V) THAT THE CONTENT, INCLUDING WITHOUT LIMITATION, THE SERVICES, APP AND SITE, WILL BE NON-INFRINGING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES, THE APP OR THE SITE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES WILL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER OOPS NOR ITS LICENSORS: (I) WILL BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933, OR (II) REPRESENT OR WARRANT THAT THE SITE, APP AND SERVICES COMPLY WITH THE REQUIREMENTS OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, THE SECURITIES AND EXCHANGE COMMISSION, OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH THE SECURITIES LAWS OF ANY JURISDICTION. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT THE INVESTMENT RESULTS YOU OBTAIN FROM FINANCIAL INSIGHTS PROVIDED BY OOPS CANNOT BE GUARANTEED. ALL INVESTMENTS ENTAIL A RISK OF LOSS AND YOU MAY LOSE MONEY. YOU ALSO UNDERSTAND THAT ALL INVESTMENTS ARE SUBJECT TO VARIOUS ECONOMIC, POLITICAL, AND OTHER RISKS. WHILE THE SERVICES MAY ASSIST YOU IN HELPING YOU MANAGE YOUR FINANCES, YOU SHOULD CONSULT WITH A PROFESSIONAL FINANCIAL ADVISOR BEFORE MAKING INVESTMENT DECISIONS OR DECIDING ON SIGNIFICANT CHANGES TO YOUR PERSONAL FINANCIAL STRATEGY. ANY INFORMATION PROVIDED BY OR THROUGH THE SERVICES DOES NOT CONSTITUTE FINANCIAL, INVESTMENT, LEGAL, ACCOUNTING, TAX, OR OTHER ADVICE OF ANY KIND WHATSOEVER.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, THE APP AND THE SITE AND ANY RELATED SERVICES AND LINKED SITES. OOPS DOES NOT WARRANT THAT THE CONTENT OR ANY FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WE ARE NOT RESPONSIBLE FOR THE INFORMATION OR CONDUCT OF THIRD PARTIES OR FOR ANY DATA OBTAINED FROM THIRD-PARTY DATA SOURCES THAT ARE DISPLAYED OR REPORTED THROUGH THE SERVICES, AND YOU HEREBY RELEASE OOPS FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY OR TO ANY DEGREE CONNECTED WITH ANY CLAIM YOU MAY HAVE OR DEVELOP AGAINST ANY SUCH THIRD PARTIES.
NEITHER OOPS NOR ANY ENTITY WHOSE INFORMATION IS MADE AVAILABLE THROUGH THE SERVICES IS RESPONSIBLE FOR THE ACCURACY OF INFORMATION, DATA, OR CONTENT, INCLUDING, BUT NOT LIMITED TO, PRICES, QUOTES, EQUITY SALES, OTHER MARKET INFORMATION, AND INFORMATION DERIVED FROM ANY SUCH INFORMATION (“MARKET DATA”) THAT ARE DISPLAYED OR REPORTED THROUGH THE SERVICES. Oops does not guarantee or make any warranty of any kind, express or implied, regarding the timeliness, sequence, accuracy, completeness, usefulness, reliability, or content of Market Data. You agree to use Market Data and the Services at your own risk. You agree that neither Oops nor any entity whose information is made available through the Services will be held liable for any loss arising out of or relating to: (i) any inaccuracy, defect or omission in Market Data, (ii) any error or delay in the transmission of Market Data, or (iii) interruption in any Market Data service. You also acknowledge that any information you obtain from another Oops User comes from those individuals and not from Oops, and that Oops, to the fullest extent permitted by law, is not in any way responsible for any of the information these third parties may supply or for any statements, claims, or representations they may make. To the fullest extent permitted by law, Oops disclaims any such statements, claims or representations, and the same do not expand or otherwise modify these Terms. If you are dissatisfied with the Services, your sole and exclusive remedy is to stop accessing and using the Services.
IF YOU ARE A RESIDENT OF CALIFORNIA, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the disclaimers above may not apply to you.
OOPS WILL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, APP OR SITE, OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES, APP OR SITE. IN NO EVENT WILL OOPS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OPPORTUNITIES, REPUTATION, USE, GOODWILL OR OTHER ECONOMIC ADVANTAGE, OR ANY OTHER INTANGIBLE LOSSES) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
OOPS’S MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS, THE SERVICES, THE APP OR THE SITE, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION, OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO OOPS IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (II) US $100.00.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND OOPS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY, EVEN IF OOPS HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Some jurisdictions may not allow the Limitation of Liability for certain damages and causes of action, so some of the disclaimers above may not apply to you.
We control and operate the App and the Site from our headquarters in the United States of America and the entirety of the App and the Site may not be appropriate or available for use in other locations. If you use the App or the Site outside the United States of America, you are solely responsible for following applicable local laws.
Oops and you shall comply with all relevant United States export control laws and regulations. Without limiting the foregoing: (a) you acknowledge that the App and the Site may be subject to the United States Export Administration Regulations; (b) you affirm that you are not, and you will not (i) permit Oops Users to access or use the App or the Site in a United States embargoed country; (ii) permit Oops Users on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists, or (iii) permit Oops Users on the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list; and © you are responsible for complying with any local laws and regulations which may impact your right to import, export, access, or use the App or the Site.
Oops will not be held liable for any delays or failure in performance of any part of the Service, the App or the Site from any cause beyond our control. This includes, but is not limited to, any delay or outage of any computer system, service, electronic device or internet service provider, and any acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, pandemics, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, or acts of hackers.
Even if these Terms are terminated, this section and the following sections will continue to apply: “Unauthorized Activities,” “Legal Compliance,” “Intellectual Property; Feedback,” “User Submissions,” “Access to the App, Site and Services,” “Indemnification,” “Disclaimers; Third Party Information,” “Limitation of Liability,” “Entire Agreement,” “Assignments,” “Severability,” “Interpretation,” “Waiver,” “Further Actions,” “Governing Law,” “Dispute Resolution,” “Mandatory Arbitration Agreement and Class Action Waiver,” and “Changes.”
You may not assign any of your rights under these Terms to anyone else. We may assign our rights to any other individual or entity at our discretion.
If it turns out that a section (or portion thereof) of these Terms is not enforceable, then that section will be removed or edited as little as required to make such section enforceable, and the rest of these Terms will still be valid.
The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms will not affect the way these Terms are interpreted.
If we do not immediately take action on a violation of these Terms, such inaction does not constitute a waiver of our rights, we expressly do not give up any rights under these Terms, and we may still take action at any point that we choose.
You hereby agree to provide all documents and to take any actions necessary to meet your obligations under these Terms.
Any claim arising hereunder shall be construed in accordance with the substantive and procedural laws of the State of New York, without regard to principles of conflict of laws. Subject to the “Dispute Resolution” and “Mandatory Arbitration Agreement and Class Action Waiver” sections above, you agree that any Dispute shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York. You further consent to service of process via email at the email address(es) provided by you, and you hereby waive any requirement under the Hague Convention or other judicial treaty requiring that legal process be translated into any language other than English.
We know that things don’t always go as planned. In the event of any claim, action, controversy, or dispute relating to the App, the Site, Service, these Terms, or any other dispute between you and Oops (“Dispute”), you and Oops agree to use the following dispute resolution procedure before filing a claim or initiating arbitration:
In the event that Oops does not have either of the above addresses for a User, Oops may (but is not obligated to) try and message you using any means of communication you provided and ask for your mailing address. The 30 days response time shall be counted from the day in which Oops has sent you the message asking for your mailing address.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND OOPS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
In the event that an attempt to resolve a Dispute pursuant to the previous section is unsuccessful, you and Oops agree to resolve such Dispute by binding arbitration. This agreement to arbitrate Disputes includes all claims arising out of or relating to any aspect of the Site, the App, the Services or these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
Despite the provisions in this section, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Oops will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Oops.
A party who intends to seek arbitration must first send a written notice of the Dispute to the other party by certified U.S. Mail or by Federal Express (signature required) (“Notice”) to the addresses of the parties as set forth in the “Dispute Resolution” section. The Notice must: (a) describe the nature and basis of the claim or Dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Oops may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Oops must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the Dispute is finally resolved through arbitration in your favor, Oops will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Oops in settlement of the Dispute prior to the arbitrator’s award; or (iii) $100.
Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Oops for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve Disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
YOU AND OOPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Oops 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 Oops makes any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice within 30 days of the change to the Oops address for Notice, in which case your account with Oops (if you had one) will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If any portion of this binding arbitration provision is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the “Governing Law” section will govern any action arising out of or related to these Terms. The arbitrator has exclusive authority to resolve any Dispute relating to the interpretation, applicability, or enforceability of this binding arbitration provision.
We may amend our Terms at any time by publishing revised Terms on our App or the Site and/or by sending an email to the address you gave us. These Terms are current as of the date first set forth above. If any changes are made to these Terms, we will post them on this page, so please be sure to check back periodically. If you continue to use the App, the Site or any other Services after those changes are in effect, you agree to the revised Terms. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them. If you object to any such modifications, your sole recourse will be to cease using the Services, the App and the Site. Oops reserves the right to change any and all features of our Services, the App and the Site, at any time, without notice.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at [email protected].