Terms and Conditions of Use
These Terms and Conditions of Use (the "Terms" and the "Agreement") apply to you when you (1) view, access or otherwise use the website located at https://www.qooore.com/
(the "Website") and (2) your use of the Qooore mobile application for either iOS or Andriod (the "App", collectively with the website, the "Services"). For purposes of this Agreement, the App is deemed part of the Website.
The Website and App are owned by Qooore Corporation ("Qooore"). Through the App, Qooore offers personal finance tips and recommendations for the purpose of improving your financial performance (the "Products"). Qooore's Products include, but are not limited to, investment advisory services for a fee.
The content on the Services is for informational purposes ONLY, and is not intended to provide, and should not be relied on for, investment, tax, legal or accounting advice.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THE SERVICES CAREFULLY. 1. Scope and Acceptance.
By accessing, browsing and/or otherwise using the Services, Products, and Qooore's content, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use the Services. The Terms apply to use of the App including (1) when you register a user account; (2) when you subscribe for or receive any products, including but not limited to Products provided through the Services; and (3) when you use the Services as a guest or visitor. The material provided on this Website is protected by law, including, but not limited to, United States copyright law. 2. Use of Services and Products.
Qooore reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Qooore grants a nonexclusive, non-transferable, limited right to access, use and display the Services and the material provided therein, and the Products that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms. The aforementioned a nonexclusive, non-transferable, limited right to access, use and display may consist of paid content and third party content, services and functions that may change from time to time. The license includes the right to download and temporarily store insubstantial portions of data ("Downloaded Data") to a storage device under your exclusive control solely for your use and excerpt from such Downloaded Data in the regular course of your research. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license or right under copyright, trademark, or other intellectual property rights. You agree not to assign, transfer, or sublicense your rights as a registered user of, or subscriber to, the Services and the Products. You understand that only you may use your user account and password, and that your subscription to the Services and Products thereon is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financial responsibly for all usage or activity of any Products subscribed to by you through the Services.
Your election to engage any Products on the Services are subject to your explicit enrollment and acceptance of separate agreements such as the account contracts, related fee schedules and/or other additional documents applicable to the Products for which you choose to enroll.
At Qooore's sole discretion and without prior notice or liability, Qooore may discontinue, modify or alter any aspect of the Services or related Products, including, but not limited to, (i) restricting the time the Services and/or a Product is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Services and/or any of the Products. You agree that any termination or cancellation of your access to, or use of, the Services and/or Products may be effected without prior notice. If you do not abide by these Terms, except as Qooore may otherwise provide from time to time, you agree that Qooore may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, the Services (or part thereof) and/or the Products. Further, you agree that Qooore shall not be liable to you or any third-party for any termination, cancellation or modification of your access to, or use of, the Services and/or the Products, except for a refund of any fees or charges prepaid by you with respect to the Products as provided under Qooore's other applicable written agreement(s) with you. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of a Product made by Qooore pursuant to this provision or these Terms, or any policies or practices by Qooore in providing these Services or Products, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Products or to cancel or terminate your subscription or registered user account, as applicable. Qooore will attempt to process all requests to cancel or terminate your subscription or registered user account within five (5) business days after Qooore receives your request and all documentation required to cancel or terminate your subscription or registered user account, and you acknowledge and agree that charges and fees incurred prior to the effective time of cancellation or termination will not be reversed. As part of the termination, Qooore will look for information and instructions as far as what you want to do with your assets, whether securities or cash on your account. 3. Client's Responsibilities.
You agree to maintain and promptly update the Subscription Data and any other information you provide to Qooore to keep it accurate. Without limiting any other provision of these Terms, if you provide any information that is untrue, inaccurate, or incomplete, or Qooore has reasonable grounds to suspect that such is the case, Qooore reserves the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of Qooore's Services (or any portion thereof) or any of the Products. You agree not to register or subscribe for more than one username, create an account on behalf of someone else, or create a false or misleading identity on the Services.
If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with the Services using another username or through any other means. If Qooore has reason to suspect, in Qooore's sole discretion, that your account has previously been terminated, Qooore reserves the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to Qooore under these Terms or by law.
You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify Qooore immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password or user account information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. You are the only person who may use your user account and password to access the Services and you are entirely responsible for any and all activities which occur under your user account. 4. Third-Party Providers.
Throughout the App, third-party content creators and publishers (the "Third-Party Providers") are permitted to publish insights, articles, forecasts, predictions, strategies, and other content on the App (the "Third-Party Content"). Use of the App as a Content Creator is subject to the terms of this Agreement. By using the Services, you acknowledge that Qooore does not require the Third-Party Providers to be registered as investment advisers with the United States Securities and Exchange Commission and neither endorses nor acts as a solicitor for the Third-Party Provider. You further acknowledge that all Third-Party Content is entirely impersonal and is published without consideration for any specific user's personal circumstances, risk tolerance, financial situation, financial goals, level of financial sophistication, and investment experience. If you are a Third-Party Provider, then these terms also apply to your use of the App as an end user of the other Third-Party Content. 5. Privacy.
All Services materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of Qooore, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the materials on the Services for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Website for commercial use without prior written approval of Qooore. You may not "mirror" any material contained on this Website on any other server without prior written permission from Qooore. Any unauthorized use of any material contained on the Services may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. 7. Hyperlinks.
You are granted a limited, nonexclusive right to create a "hypertext" hyperlink to this Website or App provided that such hyperlink is to the entry page of the Website or App and does not portray Qooore or any of its Products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Qooore trademark, logo or trade name or other proprietary information including the images found at the Website or on the App, the content of any text or the layout/design of any page or any form contained on a page without Qooore's express written consent. Hyperlinks to third party websites on the Website or App are provided solely as convenience to you. If you use these hyperlinks, you will leave this Website and App. Qooore has not reviewed all of these third party websites and does not control and is not responsible for any of these websites, their content or their policies, including, without limitation, privacy policies or lack thereof. Qooore does not endorse or make any representations about third party websites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website or App, you do so entirely at your own risk. You acknowledge and agree that Qooore shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites. 8. Potential Conflict of Interest.
From time to time Qooore or its principal(s) may have a position in the indices or any other investments published on the Services. In addition, Qooore and its principal(s) may take positions inconsistent with the views expressed. In cases where the position is held at the time of publication, Qooore and/or its principal(s) will make appropriate disclosure. 9. Performance Information.
Performance information provided on this Services is from a model index. Qooore does not make any representation or warranty, express or implied, as to the accuracy or completeness of such performance and nothing contained herein shall be relied upon as a promise or guarantee as to past or future performance and is not indicative of future results. 10. Modification of Terms.
Qooore reserves the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the Services constitutes your agreement to comply with such revisions, so you should visit this Website from time to time. 11. Termination:
Either you or Qooore may terminate your user account on any of its Services or any Products at any time pursuant to these Terms and any other applicable agreements. The provisions applicable to any such termination, including the effects thereof, are described in terms and conditions of any applicable Account Contracts 12. Indemnification:
You agree to indemnify, hold harmless and, at Qooore's option, defend Qooore and Qooore's affiliates, and Qooore's and its affiliates' officers, directors, employees, stockholders, agents and representatives (collectively, "Indemnified Persons"), from any and all third party claims, liability, losses, damages, expenses and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of the Services or Products or offerings, your violation of these Terms or any of the other applicable agreements, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity, and your use of content or other submissions generated, uploaded, or otherwise provided by you in accordance with these Terms. 13. Technology Disclaimer.
Qooore expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access the Services as a result of your use of the Services, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of the Services. 14. Disclaimer of Warranties.
THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, QOOORE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SERVICES. 15. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER QOOORE ITS OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES, OR THIRD-PARTY PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE AND EVEN IF THE RESPECTIVE PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (i) THE USE AND/OR THE INABILITY TO USE THE SERVICES AND/OR THE PRODUCTS; (ii) THE USE OF ANY CONTENT OR OTHER INFORMATION ON THE SERVICES OR ANY APPLICATION(S) OR WEBSITES(S) LINKED TO THE SERVICES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PRODUCTS RESULTING FROM ANY GOODS, DATA, INFORMATION OR PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON QOOORE'S SERVICES; (vi) ANY SERVICES FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, OR (viii) ANY OTHER MATTER RELATING TO THE SERVICES OR THE PRODUCTS. YOU UNDERSTAND AND AGREE THAT QOOORE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN THE EVENT QOOORE EXERCISES ITS RIGHT TO MODIFY, CHANGE OR DISCONTINUE THE SERVICES OR ANY PRODUCTS. IN NO EVENT SHALL QOOORE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU FOR ACCESSING THE SERVICES AND RECEIVING THE PRODUCTS, IF ANY, IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF QOOORE'S SERVICES OR PRODUCTS, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SERVICES OR PRODUCTS. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, QOOORE DOES NOT DISCLAIM ANY LIABILITY RELATING TO THE PROVISION OF PRODUCTS WHICH CANNOT BE DISCLAIMED PURSUANT TO THE INVESTMENT ADVISERS ACT OF 1940, AS AMENDED, OR OTHER APPLICABLE LAW. 16. Parental or Guardian Consent:
Some of the content on the Services may not be appropriate for minors. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO ANY OF QOOORE'S SERVICES OR PRODUCTS. 17. Registration and Security.
As part of the registration and account creation process necessary to obtain access to certain portions of the Services, you must select a username and password. You shall provide the Qooore with certain registration information, all of which must be accurate and updated as appropriate. You may not (i) select or use a user account of another person with the intent to impersonate that person; (ii) use a user account in which another person has rights without such person's authorization; or (iii) use a user account that Qooore, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your access to protected areas of the Website. You shall be responsible for maintaining the confidentiality of your password. You shall immediately notify the Qooore of any known or suspected unauthorized use(s) of your username and password, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username and password. You are responsible for all usage or activity with your username and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Services. 18. Email May Not Be Used to Provide Notice.
Communications made through the Contact Us on the Website tab shall in no way be deemed to constitute legal notice to the Qooore or any of its officers, employees, agents or representatives, such as where notice to the Qooore is required by contract, or any federal, state or local laws, rules or regulations. 19. Consent to Recordings.
Communications. Because the Services operate on the Internet, you consent to transact business with Qooore electronically. You agree that Qooore may provide messages to you by electronic means, for example, by posting it on Qooore's website, sending you an in-App message, emailing it to an email address that you have provided Qooore or mailing it to any postal address that you have provided Qooore. All messages by any of these methods will be deemed received by you no later than the earlier of when received or twenty four (24) hours after sent to the contact information you provided, except for notice by postal mail, which will be deemed received by you no later than the earlier of when received or three (3) business days after it is mailed to the most recent address Qooore has on file for you. The Services provides you Qooore's e-mail address so that you may communicate electronically with Qooore by sending an e-mail message to firstname.lastname@example.org. All e-mail sent to and from Qooore will be received or otherwise recorded by the Qooore e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. You consent to be contacted by Qooore at any physical or electronic address you provide. You represent that the contact information you have provided is yours and you are permitted to use those forms of contact. In the event you change your contact information, such as e-mail address, mailing address or any other contact information you have provided, you agree to promptly update your contact information. You also agree to receive alerts about your activity, statements, balances, payments, suspicious activities, and other matters involving your use of the Services or the Products through email. Receipt of email notifications may be delayed or prevented by factors beyond Qooore's control, including those affecting your internet/phone provider. Qooore is not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of electronic notification for any purposes. Each email may not be encrypted, and may include your name and information pertaining to your online account or use of the Services. You agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information. It is your responsibility to update or change your e-mail address, as appropriate. 21. Transmissions.
Any material, information or idea you transmit to or post on this Website by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by the Qooore or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. 22. Geographic Scope of Products.
You acknowledge that the Products are intended for natural persons who are citizens or other lawful residents of the United States and who are located in the United States. Qooore does not represent or warrant that any aspect of its Products, including information available from the Services, complies with any law or regulation of any jurisdiction outside the United States. For purposes of your use of the Products, including Qooore's advisory services, you represent and warrant that you are a lawful resident of and located in the United States and that you have been lawfully issued by the government of the United States the social security number or tax identification number you provided when applying for any Products using the account opening functionality through the Services. 23. Electronic Fund Transfer Disclosure Statement.
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing Qooore's Services or Products. a. Definitions.
"Electronic Fund Transfer" shall mean any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct Qooore to debit or credit an account. b. Your Liability.
Authorized. You are liable for all authorized and unauthorized Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Notify Qooore immediately if you believe your account, user account, or password is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Email Qooore immediately at email@example.com to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell Qooore within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than fifty dollars ($50.00) if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell Qooore within two (2) business days after learning of the loss, theft or unauthorized use, and Qooore can establish that Qooore could have prevented the unauthorized transfer(s) if you had told Qooore in time, you could lose as much as five hundred dollars ($500.00). Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell Qooore within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if Qooore can prove that Qooore could have prevented the unauthorized transfer(s) if you had told Qooore in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying Qooore of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section 22(b) may be extended for a reasonable period. 24. Governing Law; Jurisdiction. a. Governing Law.
These Terms and your use of the Services, and any disputes directly or indirectly arising from these Terms or your use of the Services, shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or the State of California, or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of California. b. Jurisdiction.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, you irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the courts of State of California, San Francisco County or in the next closest federal court (the "California Courts") for any litigation arising out of or relating to these Terms or your access to or use of the Service or Products, (ii) agree not to commence any litigation arising out of or relating to this Agreement or your access to or use of the Services or Products except in the California Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the California Courts represent the exclusive jurisdiction for all disputes relating to this Agreement or your use of the Services or Products. 25. Arbitration; Class Action Waiver.
Please read the following arbitration agreement (the "Arbitration Agreement") in this Section 24 carefully and thoroughly. It requires you to arbitrate disputes with Qooore and limits the manner in which you can seek relief from Qooore. a. Agreement to Arbitrate.
You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Products, to any products sold or distributed through the Services, or to any aspect of your relationship with Qooore, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Qooore may seek equitable relief in court for infringement of other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this agreement or any prior version of this agreement.
IF YOU AGREE TO ARBITRATE WITH QOOORE, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST QOOORE ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATE, YOU MAY BRING YOUR CLAIMS AGAINST QOOORE IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT. b. Authority of Arbitrator.
The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to (i) determine the scope and enforceability of the Arbitration Agreement in Section 24(A) and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Qooore. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to any individual under applicable law, the arbitral forum's rules, and this agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator shall not have the authority to award punitive damages. The award of the arbitrator is final and binding on you and Qooore. c. Waiver of Jury Trial.
YOU AND QOOORE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Qooore are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except if otherwise specified in this Agreement. There is no judge or jury in arbitration, and court review of an arbitration is subject to a very limited review. d. Waiver of Class or Consolidated Actions.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, (i) a representative class or collective action for public injunctive relief may be arbitrated on a class basis, and (ii) in the event that the foregoing sentence is deemed invalid or unenforceable with respect to a particular class or dispute for recovery of damages, neither you nor Qooore are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth above. e. Severability of Arbitration Agreement.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. f. Modification of Arbitration Agreement.
Notwithstanding any provision in this Agreement to the contrary, you agree that if Qooore makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Qooore. 26. Severability of Terms.
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as narrowly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Qooore's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Qooore in writing. 27. Headings.
The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. 28. Assignment.
This Agreement may be assigned in whole or in part by Qooore. This Agreement may not be assigned in any manner by you without the express, prior written permission of Qooore. This Agreement shall be governed by and construed in accordance with the laws of the state of California, notwithstanding any conflicts of law provisions. 29. No Waiver.
In the event of any conflict between these Terms and the terms of any other written agreement between you and Qooore, including but not limited to your Advisory Agreement with Qooore, such other applicable agreement shall control.