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TERMS OF SERVICE
Privacy Policy [/privacy-policy/]
Terms of Service [/tos/]
StrongVPN DMCA / Copyright Policy [/dmca/]
Export Policy [/export-policy/]
Service of Subpoenas and Other Legal Process [/subpoenas/]
Effective for new signups as of March 19, 2021. For terms applicable to prior
signups visit here [/prior-terms/].
These Terms of Service (“Terms”) govern your use of the www.strongvpn.com [/]
website (the “Site”) and the StrongVPN VPN and related service (the “Services”),
which are owned and operated by Strong Technology, LLC (“StrongVPN,” “we” or
“us”). Our Privacy Policy is incorporated by reference into these Terms, and is
subject to the provisions of these Terms. Please read these Terms carefully
before you access the Site or Services, as these Terms form a binding legal
agreement between you and StrongVPN.
By accessing the Site or registering for or using the Services, you agree to
these Terms in their entirety.
THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER
PROVISION IN THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR SERVICES. YOUR
USE OF OUR SITE AND SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY
BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE
HEREIN, WHICH INCLUDES THE STRONGVPN PRIVACY POLICY, WHICH CAN BE FOUND AT
WWW.STRONGVPN.COM/PRIVACY-POLICY/ [/privacy-policy/].
1. VPN Service [/tos/#vpn-service]
2. Personal Information [/tos/#personal-information]
3. Personal Use; Limited License [/tos/#personal-use-limited-license]
4. Changes to the Terms [/tos/#changes-to-the-terms]
5. Authorized User; Your Responsibility
[/tos/#authorized-user-your-responsibility]
6. Software [/tos/#software]
7. SPAM [/tos/#spam]
8. Fees; Payment Terms [/tos/#fees-payment-terms]
9. Refund Policy [/tos/#refund-policy]
10. Third-Party Content [/tos/#third-party-content]
11. Use of Services [/tos/#use-of-services]
12. Export Controls [/tos/#export-controls]
13. Copyright Protected Materials [/tos/#copyright-protected-materials]
14. Acceptable Use Policy [/tos/#acceptable-use-policy]
15. Children and Minors [/tos/#children-and-minors]
16. Security [/tos/#security]
17. Disclaimer of Warranty [/tos/#disclaimer-of-warranty]
18. Limitation of Liability [/tos/#limitation-of-liability]
19. Indemnity [/tos/#indemnity]
20. Right to Restrict or Terminate Access
[/tos/#right-to-restrict-or-terminate-access]
21. Automatic Renewal [/tos/#automatic-renewal]
22. Binding Arbitration and Class Action Waiver
[/tos/#binding-arbitration-and-class-action-waiver]
23. General Terms [/tos/#general-terms]
1. VPN SERVICE
You understand that we are providing you with a virtual private network (“VPN”)
service, which includes, but is not limited to, the use of servers, transport,
routers, IP addresses and other equipment and protocols to transmit information
over our network (the “System”). You agree to abide by these Terms with respect
to your use of the Service.
2. PERSONAL INFORMATION
Accuracy. By registering for our Services, you represent and warrant that all
information you submit to us is true, accurate, current and complete and that
you will promptly notify us if your information changes.
Privacy. You may browse the Site without providing us with any personal
information; however, to use our Services, you must register with us and submit
certain personally identifiable information. You expressly agree that we may use
your information in accordance with the terms of the StrongVPN Privacy Policy,
which you can find and read at www.strongvpn.com/privacy-policy/
[https://strongvpn.com/privacy-policy/].
3. PERSONAL USE; LIMITED LICENSE
StrongVPN grants you a personal, limited, non-transferable, non-exclusive
license to use StrongVPN Site content and the Services, solely for your
personal, private and non-commercial use in connection with the StrongVPN
Services accessed by you. This license is personal to you, and you may not
resell our Services, permit other users access to our Services through your
account, or use the Services or our System to host content for others. You may
not copy or download any content from the StrongVPN Services except with the
prior written approval of StrongVPN.
Furthermore, without the prior written approval of StrongVPN, you may not
distribute, publicly perform or display, lease, sell, transmit, transfer,
publish, edit, copy, create derivative works from, rent, sub-license,
distribute, decompile, disassemble, reverse engineer or otherwise make
unauthorized use of Site content or Services. Any commercial use is expressly
prohibited. You agree not to remove, obscure, or alter copyright, patent,
trademark, or other proprietary rights notices affixed to the Site. Your rights
are subject to your compliance with these Terms as well as any other agreements
applicable to the StrongVPN Services you are using.Making unauthorized copies or
distribution of Site content may result in the termination of your StrongVPN
account, prohibition on use of StrongVPN Services, and further legal action.
4. CHANGES TO THE TERMS
We may add to, change or remove any part of these Terms, at any time without
prior notice to you other than listing of a later effective date than the one
set forth at the top of this policy. Such modification shall be effective
immediately upon posting at the Site. As your next visit to a Site or use of the
Services may be governed by different Terms, we encourage you to look for a new
effective date on these Terms when you visit the Site or use the Services. It is
your responsibility to check these Terms periodically for changes. If we make
any material changes to these Terms, we will endeavor to provide registered
users with additional notice of any changes, such as at your e-mail address of
record, when you log-in to your account, or when you log-in to the Services.
Your use or continued use of the Site or Services following the posting and/or
notice of any changes to these Terms or any other posted policies shall
constitute your acceptance of the changed Terms or policies.
5. AUTHORIZED USER; YOUR RESPONSIBILITY
You may not access or use the Site or Services if you are unable to form a
binding, legal agreement with StrongVPN. You affirm that you are over the age of
18. You assume all responsibility for your use of, or access to, the Site or
Services.Accounts are for single user, individual use only. Any non-individual
use or multiple-party use is prohibited. For example, the following uses are
prohibited under this section:
* Sharing a login between people.
* Simultaneous logins from multiple IP addresses with the exception that we do
allow an individual up to twelve (12) active connections to the network per
account, mostly, to allow for mobile device use, but the connections are
prohibited to be used by anyone but the account holder.
6. SOFTWARE
The Services may require or allow you to download software, software updates or
patches, or other utilities and tools onto your computer, entertainment system
or device (“Software”). StrongVPN grants to you a non-exclusive, limited license
to use StrongVPN Software solely for the purpose stated by StrongVPN at the time
the StrongVPN Software is made available to you and in accordance with these
Terms. Your use of the StrongVPN Software may be subject to the terms of an
end-user license agreement. You may not sub-license, or charge others to use or
access StrongVPN Software. You may not translate, reverse-engineer,
reverse-compile or decompile, disassemble or make derivative works from
StrongVPN Software. You may not modify StrongVPN Software or use it in any way
not expressly authorized in writing by StrongVPN. You understand that
StrongVPN’s introduction of various technologies may not be consistent across
all platforms and that the performance of StrongVPN Software and related
StrongVPN Services may vary depending on your computer and other equipment. From
time to time, StrongVPN may provide you with updates or modifications to
StrongVPN Software. You understand that certain updates and modifications may be
required in order to continue use the StrongVPN Software and StrongVPN Services.
7. SPAM
StrongVPN enforces a zero-tolerance SPAM policy regarding information
transmitted through our network. StrongVPN may determine in its sole discretion
whether any transmissions are considered SPAM. SPAM includes, but is not limited
to, the following:
* Bulk unsolicited e-mail, promotional material, or other forms of solicitation
sent via e-mail that advertise any IP address belonging to StrongVPN or any
URL (domain) that is hosted by StrongVPN.
* The use of web pages set up on ISPs that allow SPAM-ing (also known as “ghost
sites”) that directly or indirectly reference customers to domains or IP
addresses hosted by StrongVPN.
* Forging or misrepresenting message headers, whether in whole or in part, to
mask the true origin of the message.
* If StrongVPN determines that you have posted one or more articles of spam, we
may cancel your account immediately and take steps to prevent you from using
our network at any time thereafter.
8. FEES; PAYMENT TERMS
StrongVPN may, with prior notice, change the fees it charges you for accessing
the Services at any time. All prices are quoted for one user on up to twelve
devices. You agree that all fees charged by StrongVPN for accessing the Services
will be automatically charged to your payment account on file with StrongVPN, at
the time of any automatic renewal of your subscription for Services. To view our
current subscriptions, payment terms and fees, go to
https://strongvpn.com/plans/ [https://strongvpn.com/plans/].
9. REFUND POLICY
If the signup offer for your plan provided for a 30-day money back guarantee,
and if you are less than 100% satisfied with the StrongVPN service, we will
gladly refund your payment subject to:
The request is made within thirty (30) days from the date of the initial
purchase.
Subscriptions purchased via the iTunes/App Store are subject to Apple’s refund
policies.
10. THIRD-PARTY CONTENT
We do not control, and we are not responsible for, any data, content, services,
or products (including software) that you access, download, receive or buy while
using the Services. We may, but do not have any obligation to, block
information, transmissions or access to certain information, services, products
or domains to protect the Services, our network, the public or our users. We are
not a publisher of third-party content accessed through the Services and are not
responsible for the content, accuracy, timeliness or delivery of any opinions,
advice, statements, messages, services, graphics, data or any other information
provided to or by third parties as accessible through the Service.
11. USE OF SERVICES
StrongVPN is not liable for the loss, corruption, alteration or removal of any
content transmitted using our Services or on our System. By using our Services,
you expressly waive the right to seek damages and agree to hold StrongVPN
harmless for any such loss, alteration, corruption or removal.
StrongVPN may also at any time modify or discontinue, temporarily or
permanently, all or any part of the Services or your account, with or without
notice, and you agree that StrongVPN will not be liable to you or any third
party for any such modification, suspension or discontinuance. Our Services are
not intended to be used in countries where offering or providing the Services is
illegal.
12. EXPORT CONTROLS
The StrongVPN service offered as part of this Agreement is subject to all
relevant United States export control laws and regulations. StrongVPN makes no
representation that this Site is appropriate or available for use in other
locations outside the United States. By using this Site, you represent and
warrant that: (i) you are not listed on the U.S. Commerce Department’s Table of
Denial Orders, the U.S. Treasury Department’s lists of specially designated
nationals, or otherwise denied the privilege of participating in transactions
involving the export of U.S.-origin products and services; (ii) you are not
located in a country that is subject to embargo by the United States (currently
Cuba, Iraq, Libya, North Korea, Sudan, Syria, or the Taliban Occupied Part of
Afghanistan); (iii) you are not engaged, directly or indirectly, in the design,
development, production, stockpiling, or use of nuclear, chemical, or biological
weapons or missiles; and (iv) you will not, without prior authorization from the
Bureau of Export Administration, (a) knowingly re-export the technical data
received from you to any destination or (b) export the direct product of the
technical data, directly or indirectly, to a country listed in Country Group D:1
or E:2 in Supplement No. 1 to Part 740 of the Export Administration Regulations
(Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia,
Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Macau, Moldova,
Mongolia, North Korea, People’s Republic of China, Romania, Russia, Tajikistan,
Turkmenistan, Ukraine, Uzbekistan, or Vietnam).
13. COPYRIGHT PROTECTED MATERIALS
StrongVPN respects the intellectual property rights of others and expects that
you do the same. It is our policy to terminate in appropriate circumstances the
accounts of subscribers who infringe the copyrights of others. You may not
upload, download, post, publish, transmit, reproduce, or distribute in any way,
files, material, information, software or other material obtained through the
System that is protected by copyright or other proprietary right or derivative
works with respect thereto, without obtaining permission of the copyright owner
or other right holder. Additionally, you shall not upload, download, post,
publish, reproduce, transmit or distribute in any way any component of the
System itself or derivative works with respect thereto.
14. ACCEPTABLE USE POLICY
You agree to comply with all applicable laws and regulations in connection with
your use of the Services. You may not use our Services, or our Software or
System, to post or transmit any illegal material, including without limitation
any transmissions that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any local, state, national or international law
or regulation. In particular, the following is a representative, non-exhaustive
list of acts that are prohibited:
* The transmission or posting of chain letters or pyramid schemes, or other
acts that involve deceptive online marketing practices or fraud;
* Sending or transmitting any SPAM over the Services, whether via e-mail,
Usenet, or any other communication channel;
* Acts that may materially affect the quality of other users’ experience,
including, without limitation, “spikes” in bandwidth usage or using any
program/script/command, or sending messages of any kind, designed to
interfere with a third party customer terminal session, via any means,
locally or via the Internet;
* Actual or attempted unauthorized use or sabotage of any computers, machines
or networks;
* Introducing malicious programs into StrongVPN’s network or servers (e.g.
viruses, worms, Trojan horses, etc.);
* Engaging in any monitoring or interception of data not intended for you
without authorization;
* Attempting to circumvent authentication or security of any host, network, or
account (“cracking”) without authorization;
* Using any method, software or program designed to collect identity
information, authentication credentials, or other information from the
legitimate users of another entity’s website or service;
* Transmitting or receiving, uploading, using or reusing material that is
abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of
confidence, privacy or similar third party rights;
* Transmitting or receiving, uploading, using or reusing material that violates
any intellectual property rights of a third party, including, without
limitation, patent, trademark or copyrights;
* Transmitting or receiving, uploading, using or reusing material that includes
sexual or explicit depictions of minors in any form;
* Transmitting or receiving, uploading, using or reusing material that you do
not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
* Advertising, transmitting or otherwise making available any software,
program, product or service that is designed to violate these Terms;
* Falsifying header information or user identification information;
* Using the Services for anything other than lawful purposes including, but not
limited to, intentionally or unintentionally violating any applicable local,
state, national or international law; or
* Impersonating any person or entity, including, but not limited to, a
StrongVPN representative, or falsely stating or otherwise misrepresenting
your affiliation with a person or entity;
15. CHILDREN AND MINORS
By using our Services, you affirm that you are at least 18 years of age, or
otherwise over the age of majority in the jurisdiction in which you reside. You
understand that the Internet may contain information which may be offensive, may
be illegal in various jurisdictions or may be inappropriate for certain ages and
that StrongVPN is not responsible for detection and removal of such information.
In accordance with the Children’s Online Privacy Protection Act (COPPA) and
associated rules, we do not knowingly collect or maintain any personal
information from children under 13.
16. SECURITY
You acknowledge and agree that you are solely responsible for protecting your
password and other personal information and for the consequences of not
protecting these data. Access to the System, our Services, the Internet, and to
certain online transactions involves the use of identification numbers,
passwords, payment accounts or other individualized nonpublic information
(“Private Documentation”). You shall use your best efforts to prevent
unauthorized use of our Services, the System or of any Private Documentation,
and shall promptly report to StrongVPN any suspected unauthorized use or other
breach of security. You shall be responsible for any unauthorized use of your
identification numbers or passwords until we receive written notice of a breach
of security and a request to block further access for such numbers and
passwords. StrongVPN shall not be liable for any unauthorized use of payment
accounts. Account sharing (e.g. allowing others to use your account information
to access the Services) is not permitted.
17. DISCLAIMER OF WARRANTY
Actual service coverage, speeds, locations and quality may vary. StrongVPN will
attempt to provide the Services at all times, except for limited periods for
maintenance and repair. However, the Services may be subject to unavailability
for a variety of factors beyond our control including emergencies, third party
service failures, transmission, equipment or network problems or limitations,
interference, signal strength, and may be interrupted, limited or curtailed.
Delays or omissions may occur. We are not responsible for data, messages or
pages lost, not delivered, delayed or misdirected because of interruptions or
performance issues with the Services or communications services or networks. We
may impose usage or Services limits, suspend the Services, or block certain
kinds of usage in our sole discretion to protect users or the Services. The
accuracy and timeliness of data received is not guaranteed.
YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE, ALL SITE
INFORMATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT,
AVAILABILITY OR ACCURACY OF INFORMATION. STRONGVPN DOES NOT WARRANT THAT THE
SITE OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE
IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR
DEFECTS WILL BE CORRECTED. STRONGVPN DOES NOT MAKE ANY REPRESENTATIONS,
WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS,
COMPLETENESS, OR OTHERWISE.SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR
LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU. IN SUCH EVENT, STRONGVPN’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE
SITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE
LAW IN SUCH JURISDICTION.
18. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL STRONGVPN, ITS AFFILIATES, EMPLOYEES, AGENTS,
REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“STRONGVPN PARTIES”)
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE,
INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, SITE OR CONTENT
ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES
RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS
INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO
USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE
INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT
SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.IF,
NOTWITHSTANDING THE FOREGOING, ANY OF THE STRONGVPN PARTIES IS FOUND TO BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR
RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SERVICE, SOFTWARE OR ANY
CONTENT THEREIN, THE STRONGVPN PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO
EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID STRONGVPN FOR YOUR USE OF
THE SERVICE; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.SOME STATES OR
JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL
DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE STRONGVPN PARTIES’ LIABILITY TO
YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
19. INDEMNITY
You agree to defend, indemnify and hold the StrongVPN Parties harmless from any
claim or demand, including reasonable attorneys’ fees, made by any third party
arising out of or relating to any violation of these Terms by you; any content
or material you submit or otherwise transmit through our System or Services; or
your violation of any rights of another. StrongVPN reserves the right, at its
own expense, to assume the exclusive defense and control of any matter otherwise
subject to defense by you. This Section shall survive termination of these
Terms.
20. RIGHT TO RESTRICT OR TERMINATE ACCESS
These Terms shall be automatically renewed for successive one-month periods,
until canceled by you or by StrongVPN. StrongVPN may deny or restrict your
access to all or part of the System without notice in its reasonable discretion
if it deems that you have engaged in any conduct or activities that StrongVPN in
its reasonable discretion believes violates the letter or spirit of any of these
Terms. If StrongVPN denies or restricts your access to the Services because of
such a violation, you shall have no right to obtain any refund or credit for the
subscriptions fees you have paid.
21. AUTOMATIC RENEWAL
If you signed up for an automatically renewing subscription, at the end of each
term your subscription will automatically renew and you will be automatically
charged the then-current renewal price for the subscription. You may cancel
autorenewal of your subscription any time by following the cancellation
procedures set forth at support.strongvpn.com [https://support.strongvpn.com].
22. BINDING ARBITRATION AND CLASS ACTION WAIVER
You and we agree that all disputes and claims between you and us shall be
settled by binding arbitration instead of in courts of general jurisdiction.
This agreement to arbitrate is intended to be broadly interpreted and includes,
but is not limited to, any dispute, claim or controversy arising out of or
relating in any way to the Services, our software, our website, the Terms or any
aspect of the relationship between you and us. You agree that, by agreeing to
the Agreement, the U.S. Federal Arbitration Act governs the interpretation and
enforcement of this provision, and that you and we are each waiving the right to
a trial by jury or to participate in a class action. Notwithstanding the
foregoing, either party may bring an individual action in small claims court.
This arbitration provision does not preclude you from bringing issues to the
attention of federal, state, or local agencies. Such agencies can, if the law
allows, seek relief against us on your behalf. This arbitration provision shall
survive termination of these Terms and the termination of your account.
A party who intends to seek arbitration must first send to the other, by
certified mail, a written Notice of Dispute (“Notice”). The Notice to us should
be addressed to: Strong VPN, ATTN: Legal Department, 14 5th Ave, 15th Floor, New
York, NY 10011, USA (“Notice Address”). The Notice must (a) describe the nature
and basis of the claim or dispute; and (b) set forth the specific relief sought
(“Demand”). If you and we do not reach an agreement to resolve the claim within
30 days after the Notice is received, you or we may commence an arbitration
proceeding. During the arbitration, the amount of any settlement offer made by
us or you shall not be disclosed to the arbitrator until after the arbitrator
determines the amount, if any, to which you or we are entitled. You may download
or copy a form Notice and a form to initiate arbitration at www.jams.com. If you
are required to pay a filing fee, after we receive notice at the Notice Address
that you have commenced arbitration, it will promptly reimburse you for your
payment of the filing fee, unless your claim is for greater than US$10,000.
The arbitration will be governed by the JAMS Comprehensive Arbitration Rules &
Procedures and the JAMS Expedited Arbitration Procedures (collectively, “JAMS
Rules”) of JAMS, as modified by the Terms, and will be administered by JAMS.
JAMS Rules and Forms are available online at www.jamsadr.com. The arbitrator is
bound by the Terms. All issues are for the arbitrator to decide, including
issues relating to the scope and enforceability of this arbitration provision.
Unless you and we agree otherwise, any arbitration hearings will take place by
video or telephone conference. If your claim is for US$10,000 or less, we agree
that you may choose whether the arbitration will be conducted solely on the
basis of documents submitted to the arbitrator, through a telephonic hearing, or
by an in-person hearing as established by JAMS Rules. If your claim exceeds
US$10,000, the right to a hearing will be determined by JAMS Rules. Regardless
of the manner in which the arbitration is conducted, the arbitrator shall issue
a reasoned written decision sufficient to explain the essential findings and
conclusions on which the award is based. The arbitrator is not authorized to
award punitive or other damages not measured by the prevailing party’s actual
damages, and may not, in any event, make any ruling, finding or award that does
not conform to the terms and conditions of the Agreement.
We may make a written settlement offer anytime before an arbitrator is selected.
If the arbitrator issues you an award that is greater than the value of our last
written settlement offer made before an arbitrator was selected (or if we did
not make a settlement offer before an arbitrator was selected), then we will pay
you the amount of the award or US$1,000, whichever is greater. Except as
expressly set forth herein, the payment of all filing, administration and
arbitrator fees will be governed by JAMS Rules.
23. GENERAL TERMS
Entire Agreement. These Terms, along with any rules, guidelines, or policies
published on the StrongVPN homepage constitute the entire agreement between
StrongVPN and you with respect to your use of our Site Services. If there is any
conflict between the Terms and any other rules or instructions posted on the
Site or Services, the Terms shall control.Amendments. No amendment to these
Terms by you by shall be effective unless acknowledged in writing by StrongVPN.
Notwithstanding the foregoing, StrongVPN reserves the right, in its sole
discretion, to modify these Terms or the policies referenced herein at any time
as set forth above.Jurisdiction and Venue. These Terms shall be governed by, and
construed in accordance with, the laws of the state of Florida, without
reference to its choice of law rules. Venue for any action arising out of or in
connection with this agreement shall be in Orange County, Florida. The parties
each hereby consent to the jurisdiction and venue in Orange County, Florida and
waive any objections to such jurisdiction and venue.Limited Time to Bring Claim.
Subject to any applicable law to the contrary, you agree that any cause of
action arising out of or related to the use of our Site or Services must be
commenced within one (1) year after the cause of action accrues, or such action
will be permanently barred.Severability. If any portion of these Terms is found
to be unenforceable or invalid for any reason, that provision will be limited or
eliminated to the minimum extent necessary so that the rest of these Terms will
otherwise remain in full force and effect.Assignment. You may not assign its
rights or obligations under these Terms without the prior written consent of
StrongVPN, which may be withheld in StrongVPN’s sole discretion.Non-Waiver.
StrongVPN’s failure to insist upon or enforce any provision of these Terms shall
not be construed as a waiver of any provision or right.
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