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Terms Of Use

Spidermall Website Terms Of Use

Thank you for your interest in spidermall Technologies LLC. (“spidermall”) and our website at www.spidermall.com (the “Site”). Please read the following terms and conditions carefully. By accessing the Site or any of the services provided to you through the Site, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions and the spidermall Privacy Policy (available at http://www.spidermall.com/policy) (together, these “Terms”). If you are not eligible or do not agree to any of the Terms, then you may not access the Site. spidermall provides all kinds of branded LCD screen and repair parts, including the repair tools, accessories. You understand and agree that (i) our commercial and hardware and physical products, and the firmware contained therein (collectively, “spidermall Hardware”) and (ii) all the third part software controlling the spidermall Hardware (“spidermall third part Software”) are not considered part of the Site. The terms and any warranties that apply to spidermall Hardware and spidermall third part Software are included with such spidermall Hardware and spidermall third part Software.

These Terms provide that all disputes between you and spidermall will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 17 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate any disputes with spidermall.

1. ELIGIBILITY
You must be at least 13 years of age to access the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Site; and (c) your access to the Site is in compliance with all applicable laws and regulations. If you are accessing the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

2. ACCOUNTS AND REGISTRATION
To access certain features of the Site, such as when you participate in the spidermall Forum, you may be required register for a spidermall account. When you register for a spidermall account, you will be required to provide us with some information about yourself, such as your email address or other contact information. You represent and warrant that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your spidermall account and password, and you accept responsibility for all activities that occur under your spidermall account.

3. PURCHASES; ADDITIONAL TERMS AND CONDITIONS
Purchases of goods or services, and specific sections of the Site may be subject to additional terms and conditions; all additional terms are incorporated into these Terms by reference. You agree to abide by all such other terms and conditions, including representations of having sufficient legal age to use certain portions of the Site or services. If there are any conflicts between these Terms and terms that are specific to a section of the Site or specific to a particular service offered by the Site, you agree that the latter terms will control with respect to your use of that section of the Site or those particular services.

4. USER CONTENT
4.1. User Content Generally.
Certain features of the Site, such as the spidermall Forum, may permit users to upload content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Site. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Site.DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have a copyright-related complaint about material posted on the Site, you may contact our Designated Agent at support@spidermall.com

4.2. Limited License Grant to spidermall.
By posting or publishing User Content, you grant spidermall a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

4.3. Limited License Grant to Other Users.
By posting or sharing User Content with other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Site.

4.4. User Content Representations and Warranties.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
a). you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize spidermall and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by spidermall, the Site, and these Terms;
b). your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause spidermall to violate any law or regulation.

4.5. User Content Disclaimer.
spidermall is under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. spidermall may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when accessing the Site you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against spidermall with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, spidermall does not permit copyright-infringing activities on the Site.

4.6 Digital Millennium Copyright Act
a). DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have a copyright-related complaint about material posted on the Site, you may contact our Designated Agent at the following address:
Intellectual Property Department, spidermall Technologies LLC.
DMCA Notice
2580 E.corporate pl. F102 monterey park, CA 91754 US, Telephone: 1-323 943 9251
Fax: 1-323 943 9257
Email: dept-ip@spidermall.com
PLEASE NOTE THAT UNDER UNITED STATES FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply with elements of notification as described in 17 U.S.C. §512.
b). Repeat Infringers. spidermall will promptly terminate without notice the accounts of users that are determined by spidermall to be “ Repeat Infringers.” A Repeat Infringer is a user who has been repeatedly notified of infringing activity or has had User Content repeatedly removed from the Site.

5. USING THE SITE
By using the Site, and by entering into these Terms, you represent and warrant that your use of the Site complies and will comply with all applicable laws, statutes, and regulations, and that you will not use the Site except as expressly permitted under these Terms. For users located in US, you agree to comply with all applicable laws and regulations, the implementation approach. spidermall reserves the right to review, remove, or disable access to User Content in violation of the applicable laws and regulations in US. spidermall also welcomes users to report any User Content that is in violation of applicable laws or regulations.

6. PROHIBITED CONDUCT
By using the Site you agree not to
6.1. access the Site for any illegal purpose or in violation of any local, state, national, or international law;
6.2. conduct activities that may be harmful to others or that could damage spidermall‘s reputation;
6.3. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
6.4. interfere with security-related features of the Site, including by:
(a).disabling or circumventing features that prevent or limit use or copying of any content; or ( b). reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
6.5. interfere with the operation of the Site or any user’s enjoyment of the Site, including by:
(a).uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; ( b). making any unsolicited offer or advertisement to another user of the Site; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or violating any regulation, policy, or procedure of any such network, equipment, or server;
6.6. perform any fraudulent activity in connection with your obtaining or accessing the Sites, including impersonating any person or entity, claiming a false affiliation, accessing any other spidermall account without permission, or falsifying your age or date of birth;
6.7. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 10) or any right or ability to view, access, or use any Materials;
6.8. bypass any security or other features of the Site designed to control the manner in which the Site is used, harvest or mine User Content from the Site, or otherwise access or access the Site in a manner inconsistent with individual human usage;
6.9. use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
6.10. use, display, mirror, frame or utilize framing techniques to enclose the Site or User Content, or any portion thereof, unless and solely to the extent spidermall makes available the means for embedding any part of the Site or the User Content;
6.11. access, tamper with, or use non-public areas of the Site, spidermall’s (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of spidermall’s providers;
6.12. Access the Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
6.13. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material; or;
6.14.attempt to do any of the acts described in this Section 6, or assist or permit any person in engaging in any of the acts described in this Section 6.

7. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE SITE
If you violate any provision of these Terms, your permission from us to access the Site will terminate automatically. In addition, spidermall may in its sole discretion terminate your spidermall account or suspend or terminate your access to the Site at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Site or features of the Site at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or access to the Site. Without limiting the foregoing, you understand and agree that in any termination or suspension of your account or the Site, you will not have access to any data or content posted to the Site or otherwise contained in the Site, and we will have no responsibility to provide you access to such data or content. You may terminate your spidermall account at any time by contacting customer service via http://www.spidermall.com/feedback or at support@spidermall.com.

8. PRIVACY POLICY; ADDITIONAL TERMS
8.1. Privacy Policy
Please read the spidermall Privacy Policy at http://www.spidermall.com/policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The spidermall Privacy Policy is incorporated by this reference into, and made a part of, these Terms. 8.2. Additional Terms
Your access to the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site (the “Additional Terms”), such as the spidermall Forum Rules or the spidermall offline Store’s Terms of Sale. All Additional Terms are incorporated by this reference into and made a part of these Terms.

9. MODIFICATION OF THESE TERMS
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modified versions of these Terms are effective upon their publication. If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective. By continuing to access the Site, you agree to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the modified Terms, you must immediately cease your access to or use of the Site. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

10. OWNERSHIP; PROPRIETARY RIGHTS
The Site is owned and operated by spidermall technologies LLC. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by spidermall are protected by intellectual property and other laws. All Materials contained in the Site are the property of spidermall and its third-party licensors. Except as expressly authorized by spidermall, you may not make use of the Materials. spidermall reserves all rights to the Materials not granted expressly in these Terms.

11. FEEDBACK
If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Site or any of the services or products made available by spidermall (“Feedback”), then you hereby grant spidermall an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments to you for such exploitation.

12. INDEMNITY
You are responsible for your access to the Site. You will defend and indemnify spidermall and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “spidermall Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

13. DISCLAIMERS; NO WARRANTIES.
THE SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE spidermall ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE spidermall ENTITIES DO NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR USER CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, OR ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE, WILL CREATE ANY WARRANTY REGARDING ANY OF THE spidermall ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, AND ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SITE.NOTWITHSTANDING THE FOREGOING, spidermall DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT spidermall IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

14. LIMITATION OF LIABILITY
IN NO EVENT WILL THE spidermall ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, OR ANY MATERIALS, OR USER CONTENT AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY spidermall ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN SECTION 17.4(iii), THE AGGREGATE LIABILITY OF THE spidermall ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. GOVERNING LAW
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and spidermall agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute. We make no representation that the Site or any Materials included in the Site are appropriate or available for use in your location.

16. GENERAL
You agree that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over spidermall, either specific or general, in jurisdictions other than California. These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and spidermall regarding your access to the Site. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 3 through 19, along with the Privacy Policy and any other accompanying agreements, will survive.

17. DISPUTE RESOLUTION AND ARBITRATION
17.1. Generally
In the interest of resolving disputes between you and spidermall in the most expedient and cost effective manner, you and spidermall agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND spidermall ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2. Exceptions
Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.3. Arbitrator
Any arbitration between you and spidermall will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting spidermall.
17.4. Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). spidermall’s address for Notice is: 2580 E.corporate pl,F102 monterey park, CA 91754,US. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or spidermall may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or spidermall must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, spidermall will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by spidermall in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
17.5.Fees
If you commence arbitration in accordance with these Terms, spidermall will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse spidermall for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
17.6. No Class Actions
YOU AND spidermall AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and spidermall agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17.7. Modifications of This Arbitration Provision
If spidermall makes any future change to this arbitration provision, other than a change to spidermall's address for Notice, you may reject the change by sending us written notice within 30 days of the change to spidermall’s address for Notice, in which case your account with spidermall will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
17.8. Enforceability
If Section 17.6 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 (other than, in the latter case, Section 17.6) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to these Terms.

18. CONSENT TO ELECTRONIC COMMUNICATIONS
By accessing the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

19. CONTACT INFORMATION
The Site is offered by spidermall Technologies LLC. and its affiliated companies, located at 2580 E.corporate pl,F102 monterey park, CA 91754,US. You may contact us by sending correspondence to that address or by emailing us via http://www.spidermall.com/feedback or at support@spidermall.com.

Trademarks

These guidelines are for spidermall licensees, including authorized resellers, distributors, developers, and other parties wishing to use spidermall’s trademarks, service marks, trade dress, or copyrighted materials. You may not use the spidermall logo or any other spidermall-owned trademarks, service marks, trade dress, or other intellectual property (including copyrighted materials) on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any purpose except pursuant to an express written license from spidermall. If you are a spidermall licensee and have been provided with special trademark and/or copyright usage guidelines with your license agreement, then you must follow those guidelines; these guidelines also apply to the extent that they do not conflict with such other guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines.

By using a spidermall trademark, in whole or in part, you acknowledge that spidermall is the sole owner of the trademark and promise that you will not interfere with spidermall’s rights in the trademark, including challenging spidermall’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any spidermall trademark. The goodwill derived from using a spidermall trademark exclusively inures to the benefit of and belongs to spidermall. For further information with respect to spidermall’s trademarks and copyrights, please submit your query in writing to spidermall’s Intellectual Property Department (dept-ip@spidermall.com).

Usage guidelines:

1. ALWAYS USE spidermall TRADEMARKS IN AN APPROVED FORM.
spidermall’s trademarks* must be presented in the styles shown below (e.g., unmodified logos, all caps, upper and lower case, or a combination of large and small caps):
SPIDERMALL™
*The trademarks listed herein are for illustration purpose, and they do not represent an exhaustive list of spidermall’s trademarks. You are obliged to follow these guidelines for all spidermall trademarks. spidermall will make reasonable efforts to provide notice of its existing trademarks. However, absence of any spidermall trademark from this list does not constitute a waiver of spidermall’s usage requirement described in these guidelines concerning that trademark.
Changes, alterations, phonetic equivalents, foreign language equivalents, takeoffs, or abbreviations in the names or logos above are not allowed without spidermall’s prior written consent. Any variation must be cleared through or approved by spidermall.

2. ALWAYS USE spidermall TRADEMARKS IN A MANNER CLEARLY INDICATING THAT THEY ARE TRADEMARKS OWNED BY spidermall.
All spidermall trademarks must be properly marked to give notice that they are, in fact, trademarks of spidermall. In the United States, the federal registration symbol “®” must be used as designated above for registered trademarks, while all other marks must be used with the symbol “™” where the mark initially appears. Use of the registration symbol or “™” must appear with the first usage of the trademark in a document; subsequent occurrences do not require the symbols. When used in a printed document, the symbols should be half the point size of the word and then superscripted. The list of registered and unregistered marks will be updated periodically as pending applications mature to registration, and as such, it is important to determine status of the marks before using either symbol.
A footnote reference to ownership of the trademarks must be used on all products, documentation and advertisements in the following format:
“{insert trademark(s) used} is/are trademark(s) of spidermall.”
spidermall’s trademarks must not be joined with other terms (by a hyphen, for instance) nor used with unapproved logos, graphics, photos, slogans, numbers, design features or symbols. spidermall’s trademarks should never be “made plural,” never be mixed with other trademarks, and a trademark's spelling should never be altered.

3. ALWAYS USE spidermall TRADEMARKS AS ADJECTIVES, NEVER AS NOUNS OR VERBS, AND THE MARKS MUST BE FOLLOWED BY THE APPROPRIATE GENERIC TERMINOLOGY.
spidermall’s trademarks are meant to signify the brand or source of the product and may not be used in a manner which suggests that the trademark is the generic name of the product. The most common mistake is to use the trademark as a noun instead of as an adjective followed by the generic term.

4. DO NOT IMPLY OR SUGGEST THAT A PRODUCT BASED ON spidermall’S TECHNOLOGY IS A spidermall PRODUCT OR THAT spidermall SPONSORS OR ENDORSES THE PRODUCT.
While spidermall understands and appreciates the licensee’s need to accurately describe the technology incorporated into the product as spidermall technology, the product materials and advertising must not wrongly imply that the licensee’s product is a spidermall product or that it is sponsored or endorsed by spidermall, explicitly or implicitly. Care must be taken to clearly distinguish spidermall’s products (and trademarks) from the licensee’s products and marks, as discussed more specifically in these guidelines.

5. NEVER USE A spidermall TRADEMARK AS PART OF YOUR NAME, YOUR PRODUCT’S OR SERVICE’S NAME, OR YOUR TRADEMARK.
With certain limited exceptions, spidermall trademarks may not be used or registered as part of another company’s mark, company name, product name, or service name; provided that spidermall’s marks can be used in explanatory fashion. This restriction includes the names of applications created by developers using our SDK.
Also, licensees may not personify trademarks or create characters that represent the trademarks. However, the trademarks may be used in taglines in accordance with the guidelines listed above.

6. NEVER USE A spidermall TRADEMARK IN A DOMAIN NAME
You may not use or register any domain name that is identical, virtually identical, similar or confusingly similar to any spidermall trademark.

7. DEVELOPERS MAY USE spidermall TRADEMARKS TO INDICATE COMPATIBILITY
Developers may use any spidermall word mark (including product and technology names but not including any spidermall logos), or any images of spidermall products in which such developers own or have a license to the trademarks and/or copyrights, to refer on packaging or promotional/advertising materials to the fact that the developers’ products are compatible with the referenced spidermall product or technology, provided that a) the use complies with these guidelines, b) the product is in fact compatible with or otherwise works with the referenced spidermall product or technology, c) the spidermall word mark is used in a manner that is less prominent than the product name, and d) the use does not cast spidermall or its products or technologies in a false or derogatory light. Unless you have a separate, written license from spidermall to do so, you cannot use any trademark and/or copyrighted material owned or licensed by spidermall, including without limitation any of spidermall’s photographs, music, graphical user interface designs, etc., without spidermall’s prior written consent.

8. OTHER FAIR USES OF THE spidermall TRADEMARKS
Anyone may make fair use of the spidermall word marks to make true, factual statements about spidermall or to discuss spidermall products or technologies. If you do so, we request that you help us protect our intellectual property by complying with the foregoing guidelines and that you include a disclaimer of sponsorship, affiliation, or endorsement by spidermall, similar to the following, on any publication or printed materials:
“This work has not been authorized, sponsored, or otherwise approved by spidermall.”
This Guideline was last modified on 2017/05/19.

SPIDERMALL PRODUCTS TERMS OF USE

Thank you for your interest in this repalced screen product (the “Product”) offered by spidermall Technologies LLC. (“spidermall”). Please read the following terms and conditions carefully. By using our products via spidermall and tapping “I Agree” on this page, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions (the “Product Terms”). If you are not eligible or do not agree to any of the Terms, then you may not use the Product. You may be entitled to a full refund of your purchase of the Product if you return the inactivated Product within seven (7) days in accordance with the spidermall Refund and Replacement Policy (http://www.spidermall.com/support).

Subject to the country specific provisions below, these Terms provide that all disputes between you and spidermall will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 10 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate any disputes with spidermall.

FOR EUROPEAN UNION (EU) USERS: if a dispute arises, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as arbitration, as an alternative to litigation. In the interest of resolving disputes between you and spidermall in the most expedient and cost effective manner, spidermall’s strong preference is that you and spidermall resolve any and all disputes arising in connection with these Terms by binding arbitration, without prejudice to section 8 of the Product Terms.

PRODUCT IS NOT A TOY. IT IS A COMPLICATED replacement screen. While the Product adopts the most advanced technology, inappropriate use of the Product could result in personal injury or property damages. Please read the User Manual, Quick Start Guide, Disclaimer and Safety Guidelines associated with the Product before your first use of the Product. These documents are included in the Product package and are also available online on the spidermall Product page at http://www.spidermall.com.

YOU ACKNOWLEDGE AND AGREE THAT, AS PROVIDED IN GREATER DETAIL IN THESE TERMS:

FOR EU USERS: the Product is provided “as-is” and without warranties of any kind except for those provided for in the spidermall Limited Warranty (http://www.spidermall.com/support) and any warranties implied by law, such as legal guarantees of conformity for goods offered to consumers in the EU, and spidermall’s liability to you is limited as set out in the country variations section of the Product Terms.

FOR AUSTRALIAN USERS: except for your right and statutory guarantees as described in Section 6.1, the Product is provided “as-is” and without warranties of any kind other than those provided for in the spidermall Limited Warranty (http://www.spidermall.com/support), and spidermall’s liability to you is limited.

1. ELIGIBILITY.
You must have a spidermall account to use the Product. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have or will have a spidermall account at such time that you attempt to use the Product; and (c) your activation and your use of the Product is in compliance with all applicable laws and regulations. If you are agreeing to these terms or using the Product on behalf of an entity, organization, company, or individual, you represent and warrant that you have the authority to bind that organization or individual to these Terms and you agree to be bound by these Terms on behalf of that organization or individual.

2. FEEDBACK.
If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Product (“Feedback”), then you hereby grant spidermall an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments to you for such exploitation.

3. YOUR OBLIGATIONS.
By using the Product, and by entering into these Terms, you represent and warrant that your use of the Product and your involvement of events or activities incidental to your use of the Product comply and will comply with all applicable laws, statutes, and regulations, and that you will not use the Product except as expressly permitted under these Terms.
For users located in United states of America, you agree to comply with the all the applicable laws and regulations.
For users located in Australia, this includes complying with the relevant provisions of laws and regulations.
For users located in the EU, this includes complying with the relevant privacy and data protection laws, and civil aviation and safety regulations applicable in the country where you are located.

4. MATERIALS.
The visual interfaces, graphics, design, firmware, software, services, and all other elements of the Product (“Materials”) provided by spidermall are protected by intellectual
property and other laws. All Materials contained in the Product are the property of spidermall or our third-party licensors. spidermall reserves all rights to the Materials not granted expressly in these Terms.

5. INDEMNITY.
You are responsible for your use of the Product. You will defend and indemnify spidermall and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “spidermall Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) use or alleged use of the Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
FOR EU USERS: THIS SECTION 5 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR EU USERS ARE SET OUT IN SECTION 12(A)
FOR AUSTRALIAN USERS: THIS SECTION 5 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR AUSTRALIAN USERS ARE SET OUT IN SECTION 12(B)

6. DISCLAIMERS; NO WARRANTIES.
EXCEPT AS EXPRESSLY PROVIDED IN spidermall LIMITED WARRANTY (POLICY AVAILABLE AT (HTTP://WWW.SPIDERMALL.COM/SUPPORT), THE PRODUCT AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE spidermall ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED IN spidermall LIMITED WARRANTY, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, PRODUCT ACCESSORIES, AND ALL MATERIALS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE spidermall ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN spidermall LIMITED WARRANTY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, OR ANY MATERIALS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE SPIDERMALL ENTITIES OR THE PRODUCT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE PRODUCT, PRODUCT ACCESSORIES, AND ANY MATERIALS. YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR SPIDERMALL HARDWARE USED IN CONNECTION WITH THE PRODUCT) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
FOR EU USERS: THIS SECTION 6 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR EU USERS ARE SET OUT IN SECTION 12(A)
FOR AUSTRALIAN USERS: THIS SECTION 6 DOES NOT APPLY. THE DISCLAIMERS AND WARRANTIES FOR AUSTRALIAN USERS ARE SET OUT IN SECTION 12(B)

7. LIMITATION OF LIABILITY.
IN NO EVENT WILL THE SPIDERMALL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS, ENVIRONMENT DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SPIDERMALL ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 10.4(iii), THE AGGREGATE LIABILITY OF THE SPIDERMALL ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCT OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
FOR EU USERS: THIS SECTION 7 DOES NOT APPLY. LIMITATION OF LIABILITY FOR EU USERS ARE SET OUT IN SECTION 12(A)
FOR AUSTRALIAN USERS: THIS SECTION 7 DOES NOT APPLY. LIMITATION OF LIABILITY FOR AUSTRALIAN USERS ARE SET OUT IN SECTION 12(B)

8. GOVERNING LAW AND JURISDICTION.
Subject to the country specific provisions below, these Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and spidermall agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute.
FOR EU USERS: THIS SECTION 8 DOES NOT APPLY. GOVERNING LAW AND JURISDICTION FOR EU USERS ARE SET OUT IN SECTION 12(A)
FOR AUSTRALIAN USERS: THIS SECTION 8 DOES NOT APPLY. GOVERNING LAW AND JURISDICTION FOR AUSTRALIAN USERS ARE SET OUT IN SECTION 12(B)

9. GENERAL.
These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and spidermall regarding your use of the Product. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 1 and 3-10 and 12 of these Product Terms will survive, as will any other provisions specified as surviving the termination of the spidermall Go Terms, the spidermall Store Terms of Use, the spidermall Privacy Policy, and any other applicable terms and conditions in such agreements.
EXCEPTION, for EU USERS: We may assign our rights and obligations under these Terms without your prior express consent, provided that we assign the Terms on the same conditions
or conditions that are no less advantageous to you.

10. DISPUTE RESOLUTION AND ARBITRATION
FOR EU USERS: Section 10 is not applicable to you.
10.1. Generally. In the interest of resolving disputes between you and spidermall in the most expedient and cost effective manner, you and spidermall agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND spidermall ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
10.2. Exceptions. Despite the provisions of Section 10.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
AUSTRALIAN USERS: Despite the provisions of Section 10.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) claim in relation to your rights and statutory guarantees in Section 6.1; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
10.3. Arbitrator. Any arbitration between you and spidermall will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting spidermall.
10.4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). spidermall’s address for Notice is: 2580 E.corporate pl. F102 monterey park, CA 91754 The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or spidermall may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or spidermall must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, spidermall will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by spidermall in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
10.5. Fees. If you commence arbitration in accordance with these Terms, spidermall will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse spidermall for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
10.6. No Class Actions. YOU AND SPIDERMALL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and spidermall agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
10.7. Modifications of This Arbitration Provision. If spidermall makes any future change to this arbitration provision, other than a change to spidermall's address for Notice, you may reject the change by sending us written notice within 30 days of the change to spidermall’s address for Notice, in which case your account with spidermall will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
10.8. Enforceability. If Section 10.6 is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 (other than, in the latter case, Section 10.6) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 8 will govern any action arising out of or related to these Terms.
CONTACT INFORMATION.
The Product is offered by spidermall Technologies LLC. and its affiliated companies, located at 2580 E.corporate pl.F102monterey park, CA 91754 US. You may contact us by sending correspondence to that address or by emailing us at support@spidermall.com.
COUNTRY VARIATIONS.
A. EU USERS.
For EU users the following sections apply:

5. Indemnity. You are responsible for your use of the Product. You agree to compensate in full spidermall and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “spidermall Entities”) from and against every claim, liability, damage, loss, and expense, including reasonably foreseeable attorneys' fees and costs, arising out of or in any way connected with: (a) use or alleged use of the Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. If, at spidermall’s request, you permit spidermall, to assume the exclusive defense and control of any matter for which you are required to compensate us under this paragraph (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

6. Disclaimers and Warranties.
EXCEPT AS EXPRESSLY PROVIDED IN SPIDERMALL LIMITED WARRANTY (POLICY AVAILABLE AT (HTTP://WWW.SPIDERMALL.COM/SUPPORT), THE PRODUCT AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE EXTENT PERMITTED BY LAW, THE SPIDERMALL ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED IN SPIDERMALL LIMITED WARRANTY, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, PRODUCT ACCESSORIES, AND ALL MATERIALS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE SPIDERMALL ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN SPIDERMALL LIMITED WARRANTY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, OR ANY MATERIALS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
TO THE EXTENT PERMITTED BY LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE SPIDERMALL ENTITIES OR THE PRODUCT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE PRODUCT, PRODUCT ACCESSORIES, AND ANY MATERIALS AND WHICH IS NOT ATTRIBUTABLE TO THE SPIDERMALL ENTITIES OR TO THE PRODUCT. YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR SPIDERMALL HARDWARE USED IN CONNECTION WITH THE PRODUCT) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT AND FOR WHICH THE SPIDERMALL ENTITIES CANNOT BE HELD LIABLE UNDER THE TERMS.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW (SUCH AS LEGAL GUARANTEES OF CONFORMITY FOR GOODS OFFERED TO EU CONSUMERS) AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

7.Limitation of Liability.
IN NO EVENT WILL THE SPIDERMALL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SPIDERMALL ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Furthermore, nothing in these Terms limits or excludes yours or our liability for intentional violation of these Terms, fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. Governing Law and Jurisdiction.
You and spidermall both agree that these Terms are non-exclusively governed by the laws of England and Wales, which means that the laws of England and Wales apply but that you still enjoy the protection of the consumer protection laws of the country in which you live.
You agree to submit to the non-exclusive jurisdiction of the English Courts, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in a court located in England or in the EU country in which you live. However, if you are a consumer, spidermall will bring claims against you before the courts of the EU country in which you live.
B. Australian Users.
For Australian users the following sections apply:

5. Indemnity. You are responsible for your use of the Product. You will defend and indemnify spidermall and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “spidermall Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) negligent use or alleged negligent use of the Product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

6. Disclaimers and Warranties.
6.1 Statutory Guarantees.
IF YOU ARE AN AUSTRALIAN RESIDENT THEN OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS AND SERVICES REPAIRED OR REPLACED IF THE GOODS AND SERVICES FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.
GUARANTEES INCLUDE (WITHOUT LIMITATION) THAT (A) THE PRODUCT IS PROVIDED WITH ACCEPTABLE CARE, SKILL AND TECHNICAL KNOWLEDGE AND TAKING ALL NECESSARY STEPS TO AVOID LOSS AND DAMAGE; (B) THE PRODUCTS ARE FIT FOR THE PURPOSE OR GIVE THE RESULTS THAT YOU AND SPIDERMALL AGREED TO; (C) THE PRODUCT IS DELIVERED WITHIN A REASONABLE TIME.
TO CLAIM UNDER THIS WARRANTY YOU MUST CONTACT:
spidermall Technologies LLC
DMCA Notice
2580 E.Coorporate pl,F10 monterey park, CA 91754 United States
Telephone:1-323 943 9251
Fax: 1-323 943 9257
Email dept-ip@spidermall.com
IF YOU MAKE A CLAIM AND ARE NOT ENTITLED TO A STATUTORY GUARANTEE, SPIDERMALL RESERVES THE RIGHT TO REQUIRE THAT THE YOU PAY ANY EXPENSES AND COSTS ASSOCIATED WITH THE CLAIM.
6.2 Disclaimer.
NOTHING IN THIS SECTION 6.2 LIMITS YOUR RIGHTS AND STATUTORY GUARANTEES AS DESCRIBED IN SECTION 6.1. THE PRODUCT AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SPIDERMALL ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED IN SPIDERMALL LIMITED WARRANTY, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT, PRODUCT ACCESSORIES, AND ALL MATERIALS, INCLUDING: ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE SPIDERMALL ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN SPIDERMALL LIMITED WARRANTY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, OR ANY MATERIALS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE SPIDERMALL ENTITIES OR THE PRODUCT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE PRODUCT, PRODUCT ACCESSORIES, AND ANY MATERIALS. YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR SPIDERMALL HARDWARE USED IN CONNECTION WITH THE PRODUCT) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE PRODUCT.
THE BENEFITS PROVIDED TO THE CONSUMER BY THE WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES AVAILABLE TO THE CONSUMER UNDER THE LAW INCLUDING THE STATUTORY GUARANTEES AS DESCRIBED IN SECTION 6.1.

7.Limitation of Liability.
EXCEPT FOR OUR LIABILITY TO YOU UNDER THE STATUTORY GUARANTEES DESCRIBED IN SECTION
6.1 (WHICH IS NOT LIMITED OR EXCLUDED):
IN NO EVENT WILL THE SPIDERMALL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS,GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCT, PRODUCT ACCESSORIES, OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SPIDERMALL ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 10.4(iii), THE AGGREGATE LIABILITY OF THE SPIDERMALL ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PRODUCT OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 7.1 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. Governing Law and Jurisdiction.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and spidermall agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute. For avoidance of doubt, Section 10 will not apply to matters that may be taken to the small claims court or matters relating to your rights and statutory guarantees described in Section 6.1.