INCENTIFY TERMS OF USE

 

PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY INCENTIFY, LLC, A DELAWARE LIMITED LIABILITY COMPANY. BY UTILIZING   INCENTIFY, THE SYSTEM, OR ITS SERVICES IN ANY MANNER, YOU ("CLIENT"), BOTH FOR YOURSELF AND ON BEHALF OF THE ENTITY YOU REPRESENT (INCLUDING ANY EMPLOYER OR ENTITY WITH WHOM YOU OR SUCH EMPLOYER HAS CONTRACTED), AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE PLATFORM, SYSTEM OR SERVICES.   USE OF INCENTIFY'S SYSTEM, PLATFORM OR SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.  

 

1.     ACCESS TO THE SERVICES.   The getincentify.com website and domain name and any other linked pages, features, content, software, or application services (including without limitation any mobile application services) offered from time to time by Incentify in connection therewith (collectively, the "Services") are owned and operated by Incentify. The term "Services" includes, without limitation, use of the Incentify website, any service Incentify performs for you and the Content (as defined below) offered by Incentify on the website ("Platform"). Incentify may change, suspend or discontinue the Services at any time, and Incentify reserves the right to suspend Client's access to the Services for scheduled or emergency maintenance. Incentify or any applicable reseller may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

Incentify will make the Services available to Client with a Monthly Availability Percentage of at least 99.9% in any calendar month.   The Monthly Availability Percentage means the total number of minutes in a calendar month minus the number of minutes the Services are not available in the calendar month, divided by the total number of minutes in the calendar month (excluding time for scheduled or emergency maintenance as described below).   Notwithstanding the foregoing, Incentify reserves the right to suspend Client's access to the Services (i) for scheduled or emergency maintenance, provided that scheduled maintenance shall not occur during the hours of 8:00 a.m. to 10:00 p.m. Eastern Time, or (ii) in the event Client is in breach of this Agreement or the License Agreement, including failure to pay any amounts due to Incentify or any applicable reseller. Subject to the terms hereof, Incentify will provide reasonable support to Client for the Services from Monday through Friday from 8:00 a.m. to 6:00 p.m. Pacific Time.

2.     PLATFORM, SERVICES, CONTENT AND INTELLECTUAL PROPERTY RIGHTS. The Platform, Services and their contents may only be used in accordance with the terms of this Agreement and any agreement between Client and or any applicable reseller. All materials displayed or performed on the Platform or the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content,") are protected by copyright.   You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Platform or Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Platform and the Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You will not, nor will you permit any third party to: (i) copy, modify, reverse engineer, decompile, disassemble, make derivative works based upon the Platform or Services, the Platform's or Services' user interface, business logic, workflow, or data architecture, or use the Platform or Services to develop any similar products, or otherwise attempt to discover the source code, object code or underlying structure, or algorithms of the Platform or Services ("Software") or any documentation or data related to the Platform or Services (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law), or (ii) sell, license, rent, lease or otherwise transfer the Platform or Services (or any part thereof) to, or use it for the benefit of, any third party.   Except as expressly set forth herein, Incentify alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Platform, Services, and Software or any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any third party relating to the Platform, Services and/or the Software, which are hereby assigned to Incentify. You will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under this Agreement. With respect to the Services, you understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Incentify will not be liable for any errors or omissions in any content.   Incentify cannot guarantee the authenticity of any data which users or merchants may provide about themselves. With respect to Services, under no circumstances will Incentify be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Platform or the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Platform, System or Software, or any intellectual property rights.

3.     RESTRICTIONS, REPRESENTATIONS, WARRANTIES AND COVENANTS. You warrant, represent and agree that you will not knowingly use the Platform or Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Incentify's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Incentify; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Incentify reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Incentify is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Incentify, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Platform or Services.   When accessing Services, you warrant that you are legally permitted to use the Services, you possess all rights necessary to provide such content to Incentify, and to grant Incentify the rights to use such information in connection with the Services and as otherwise provided herein.  

You are responsible for all of your activity in connection with the Platform or the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Platform or Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Platform or the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited.   You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Services is strictly prohibited. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

 

You have undertaken all acts necessary for the authorization, execution and delivery of this Agreement and all information provided by you in connection with this Agreement, or use of Incentify, is true, accurate and correct in all material respects.   You will notify Incentify immediately if any representation or warranty made by you in this Agreement materially changes or ceases to be true, accurate and correct in any material respect.

4.     CONFIDENTIALITY, CLIENT DATA, DELETION, THIRD-PARTY REQUESTS.   All information that Incentify and Client (collectively "Parties") input into the Platform, learn or obtain through the use of the Platform or Services, constitutes as "Confidential Information."   Parties shall not reproduce, retransmit, disseminate, sell or distribute, and agrees to keep confidential, all Confidential Information and Parties will not use Confidential Information for any purpose except those purposes allowed under this Agreement.   The obligations established herein will not apply to Confidential Information to the extent the party receiving such information demonstrates that such Confidential Information: (a) was known or in its possession prior to disclosure by the disclosing party; (b) is or becomes generally known to the public through no wrongful act of the receiving party; (c) is or becomes available from a third party that to the receiving party's knowledge after reasonable inquiry is lawfully in possession of such information and not prohibited from disclosing such information to the receiving party; (d) is independently developed by the receiving party or its representatives without the benefit of any Confidential Information; or (e) is disclosed as and only to the extent required by law or by a court or regulatory authority (as evidenced by the advice of counsel); provided, however, if the receiving party must disclose any Confidential Information pursuant to this clause, the receiving party shall to the extent legally permitted and reasonably practicable, give the disclosing party written notice of said disclosure requirement and a copy of the written demand so that the disclosing party may take action at the disclosing party's sole cost and expense as it deems necessary or proper to protect its interest in and with respect to Confidential Information.

All Client Data will be encrypted end-to-end (at rest and in transit) and follow both domestic and EU security best practices.   Incentify is authorized to collect usage summaries, which will be stored as data in aggregate form, collected and shared for analytical purposes only.   Technical, physical, and organizational measures will be taken to prevent unauthorized access, unlawful processing and unauthorized or accidental loss, destruction or damage to Client Information and Personal Information. In case of any violation with respect to Client Data or Personal Information, Incentify will take appropriate steps to end the violation, contact client hourly in accordance with Incentify Incident Response Policy and Section 7 herein and determine liabilities in accordance with applicable law. Should any collection, storage or processing of Client Data or Personal Information now, or in the future, be considered to result in a high-risk to the rights and freedoms of the Client, Incentify will, prior to any new process, carry out an assessment of the impact and ensure protections are in place.

 

Incentify will delete any and all active Client Data or Personal Information upon written request to support@getincentify.com.   Requests for data deletion of Client Data and Personal Information are completed within 30 calendar days of the request.   Client accounts that have been closed after a Trial Period or License expiration may remain for additional 30 calendar days if the Incentify Sales Team has not confirmed an intent to terminate.

 

Except as required by law, Incentify warrants and agrees to never rent, sell, post, transmit, or share Client Data, or Personal Information in personally identifiable form, to anyone, in any manner, except as expressly set forth herein.    Incentify is not responsible for the policies and practices of third-party websites outside of the Incentify Services and Platform. See the Incentify Information Security Policy, the Incentify Incident Response Plan, Incentify Privacy Policy and the Incentify Policy Guild for additional information regarding these processes and protections.  

5.     PRIVACY, PERSONAL DATA.   Personal Information will be collected only for the relevant and specific purpose of authenticating the user and will be immediately encrypted and pseudonymized. Personal Information will never be accessed, printed or forwarded. Personal Information will only be stored for the period of time needed to authenticate the user. Incentify will make best efforts to keep Personal Information up-to-date and will delete any known inaccurate information.   Personal Information will never be processed in a manner that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or any personal data including, but not limited to, personal health, relationships, sex life, sexual orientations, genetics or biometric data.  No automated decision-making or logic is involved in the processing of your Personal Information.

 

6.     WARRANTY DISCLAIMER. Incentify represents and warrants that any Services performed by Incentify will be performed (1) in a good, efficient, professional and workmanlike manner with at least the degrees of accuracy, quality, efficiency, completeness, timeliness and responsiveness as are equal to or higher than the accepted industry standards applicable to the performance of the same or similar Services, (2) using sufficient numbers of personnel who have suitable competence, ability, education, training and other qualifications for any assigned roles, (3) using then-current technology, and (4) in compliance with the requirements of this Agreement. Incentify has no special relationship with or fiduciary duty to you.  

You acknowledge that Incentify or any applicable reseller has no control over, and no duty to take any action regarding: which users gain access to the Platform or Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.   You acknowledge that neither Incentify nor or any applicable reseller provides any legal, tax, estate planning or accounting advice or any other advice regarding tax credits or incentives. You release Incentify and any applicable reseller from all liability for you having acquired or not acquired Content through the Services.   Incentify and any applicable reseller makes no representations concerning any content contained in or accessed through the Services, and neither Incentify nor any applicable reseller will be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Incentify and any applicable reseller makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services.   Products and services purchased (whether or not following such recommendations and suggestions) are provided "AS IS" without any warranty of any kind from Incentify or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. THE SERVICES, CONTENT, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICES, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. INCENTIFY REPRESENTS AND WARRANTS THAT INCENTIFY HAS A LEGAL RIGHT (THROUGH OWNERSHIP OR LICENSES) TO USE ALL INTELLECTUAL PROPERTY REQUIRED TO PERFORM THE SERVICES UNDER THIS AGREEMENT, AND INCENTIFY IS NOT INFRINGING ANY INTELLECTUAL PROPERTY RIGHTS (INCLUDING PATENT, COPYRIGHT, TRADEMARK, TRADE SECRETS, AND OTHER PROPRIETARY RIGHTS) OF ANY THIRD PARTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

7.     SERVICES REGISTRATION AND SECURITY. As a condition to using the Services, you will be required to register with Incentify and select a password and user name ("Incentify User ID").  You shall provide Incentify with accurate, complete, and updated registration information.   You may not (i) select or use as a Incentify User ID a name of another person with the intent to impersonate that person; or (ii) use as a Incentify User ID a name subject to any rights of a person other than you without appropriate authorization.   Incentify reserves the right to refuse registration of or cancel an Incentify User ID in its discretion.   You shall be responsible for maintaining the confidentiality of your Incentify User ID and password.   If you become aware of any deliberate or inadvertent disclosure, loss, theft or unauthorized use of your Incentify User ID and password, you must notify Incentify immediately and request a new Incentify User ID and password. You may not access or attempt to access the Services using the Incentify User ID and password of any other user or permit any other person or entity to access or attempt to access the Services using your Incentify User ID and password.   Incentify represents and warrants that Incentify shall comply with Incentify Information Security Policy, Incentify Policy Guide and Incentify Privacy Policy, and shall, at a minimum, abide by the security standards and guidelines set forth in this Section 7. Incentify shall take commercially reasonable steps to institute proper information security, aligned with applicable standards. Commercially reasonable steps include but are not limited to: firewalls, security monitoring and alarms, intrusion detection systems, up-to-date anti-virus protection, up-to-date patches, multi-factor authentication at login, keeping a record of all computers, and periodic security audits as are standard or customary in the industry.  If Incentify experiences an information security incident or suspicious activity, including the loss or compromise of any Client Data, Client or Incentify credentials, hardware, storage device or software, Incentify shall promptly take appropriate steps to end the violation, contact client hourly in accordance with Incentify Incident Response Policy and Section 7 herein and determine liabilities in accordance with applicable law.  If Incentify services are subject to a security incident or attack that affects Client and requires a rapid response, Incentify shall deflect or disable such attack in consultation with Client information security personnel.  Incentify shall cooperate fully with Client, at Incentify's cost, with a complete investigation including any subsequent litigation against third parties. Incentify shall also perform its own reasonable investigation of the security incident, take all reasonable steps to mitigate the security incident and keep all relevant evidence relating to the security incident.  Incentify shall provide Client the results of its investigation including a post-mortem and action plan.  If Client discloses any Client Data to Incentify which becomes subject to an actual or suspected information security incident, Incentify shall follow all applicable United States state and federal laws regarding disclosures in consultation with Client, provided that Incentify shall not take any independent steps or make any disclosures to third parties related to Client Data without Client's prior written consent. 

8.     INDEMNITY. You will indemnify and hold Incentify, its parents, subsidiaries, affiliates, officers, employees, resellers, and agents harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any third-party claim or demand made by any third party due to or arising out of your access to the Services, use of the Platform or Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, or any breach of warranty or representation, or nonfulfillment of any agreement or covenant on the part of you or any of your representatives or affiliates under this Agreement, or from any misrepresentation in or omission from any certificate, schedule, statement, document or instrument furnished by you. Incentify hereby agrees to be responsible for, reimburse, indemnify, defend, and hold harmless, and release you and your successors in interest, from and against and in respect of any adverse consequences (including those that if successful would constitute an indemnifiable claim), incurred or suffered by you or your successors in interest, whether or not involving a third-party claim, that result from, relate to or arise out of any breach of warranty or representation, or nonfulfillment of any agreement or covenant on the part of Incentify or any of its representatives under this Agreement or the License Agreement.   The foregoing obligations for intellectual property infringement or misappropriation do not apply with respect to portions or components of the Services (i) not created by Incentify, (ii) resulting in whole or in part in accordance from Client's specifications, (iii) that are modified after delivery by Incentify, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Client continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Client's use of is not strictly in accordance with this Agreement and all related documentation.   Incentify's indemnification obligations are conditioned on Incentify being promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Incentify will not be responsible for any settlement it does not approve.

9.     LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE HEREIN TO THE CONTRARY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT, EXCEPTING THIRD-PARTY INDEMNIFICATION CLAIMS OR AN INFORMATION SECURITY INCIDENT, SHALL EITHER PARTY OR ANY OF THEIR SUCCESSORS IN INTEREST BE LIABLE TO THE OTHER PARTY WITH RESPECT TO ANY CLAIM UNDER THIS AGREEMENT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY CLIENT TO THE                   INCENTIFY DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM AND THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS OR OTHER ECONOMIC DAMAGE); (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) FOR ANY TECHNICAL PROBLEMS, FAILURES OR MALFUNCTIONS OF THE INCENTIFY PLATFORM OR SERVICES, ACCESS OR CAPACITY PROBLEMS, HIGH INTERNET TRAFFIC, INTERRUPTIONS DUE TO SCHEDULED OR UNSCHEDULED MAINTENANCE, UPGRADING OR REPAIRS, SECURITY BREACHES OR UNAUTHORIZED ACCESS WHICH ARE BEYOND INCENTIFY'S REASONABLE CONTROL.   SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.   EACH PARTYAGREES THAT SUCH PARTY MAY NOT BRING ANY ACTION AGAINST THE OTHER PARTY UNLESS SUCH PARTY BRINGS SUCH ACTION WITHIN 1 YEAR OF THE OCCURRENCE OR LACK OF OCCURRENCE OF THE ACT OR OMISSION COMPLAINED OF.

10.  FEES AND PAYMENT.  Incentify reserves the right to require payment of fees for use of the System, Platform or Services during the Term as described in the License Agreement and you will be responsible for those fees per the payment terms defined in the License Agreement. Except as expressly set forth herein, any fees paid hereunder are non-refundable.  

11.  TERMINATION.   This Agreement and the License Agreement shall remain in full force and effect while you use the System, Platform or Services.   All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.   Incentify may terminate or suspend Client's access to Services for breach any of the terms or conditions of this Agreement or the License Agreement, violations to Sections 2, 3, or 4 of this Agreement, as a result of delinquent payments, or at any time, for any reason, and without prior notice or liability.   Upon termination of your account, your right to use and access the System, Platform or Services will immediately cease.

12.  MISCELLANEOUS. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Incentify shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Incentify's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Both Parties agree that the License Agreement and this Agreement is the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the License Agreement and this Agreement, and that all modifications must be in a writing signed by both Parties, except as otherwise provided herein.   Notwithstanding anything else, you may not provide to any person or export or re-export any aspect of the System, Services or any Software or anything related to Incentify or any direct product thereof, (collectively "Controlled Subject Matter"), in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.   All communications between you and Incentify shall be via electronic mail ("email") to the registered email address of the contact person at the Client as stated in the License Agreement. In addition, Incentify may communicate with you regarding any amendments to its policies. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Incentify in any respect whatsoever.   Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

13.  ARBITRATION; GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of law provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.   Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the Parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the county of Los Angeles, in the state of California.  

14.  CONTACT.   If you have any questions, complaints, or claims with respect to the Services, you may contact us at support@incentify.com.