We provide numerous Service options. Certain Musaffa Service options are provided free-of-charge (“Starter”), while other options require payment before they can be accessed (the “Premium Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.
The Premium Subscriptions may not be available to all users. We will explain which Services are available to you when you are signing up for the Service. If you cancel your subscription to the Premium Subscriptions, or if your subscription to the Premium Subscriptions is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Premium Subscriptions. Note that the Premium Subscriptions may be discontinued in the future, in which case you will no longer be charged for the Service.
At the end of the Trial, we will bill you for any upgrade for Premium Subscriptions on then-current Service Rates. You may only have one Trial. Should we identify that you have already made use of a subsidized free Trial of the Service, you will immediately be billed for the used Service per then-current Service Rates.
We use reasonable care and skill to keep the Service operational and to provide you with a stock screening experience. However, our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you; for example:
Musaffa has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.
Some of our Services may be offered in “beta” until we indicate otherwise. From time to time, Mustaffa may also offer you access to certain new features of the Service as a “beta user”. If you use beta features, you acknowledge that these features may not yet have been fully bug-tested and may therefore contain significant errors and issues. You undertake to notify Mustaffa of any bugs you may find, where possible. You also accept that access to these features may be withdrawn at any time, without any notice given, if we decided that these features are to form part of a separate subscription offer.
You agree that the information supplied on registration will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information.
You are entirely responsible for all activities which occur when using Login Details in relation to your Account, including unauthorized use of your Account or any payment method including debit or credit card. You must not disclose your Login Details, whether directly or indirectly, to any third party. You must exercise caution when accessing your Account from a public or shared computer so that others are not able to view or record your Login Details or other personal information. It is your responsibility to safeguard your Login Details. You also agree to ensure that you logout from your Account at the end of each session. You must notify us immediately using the contact details found at Section 30 below if you become aware of any unauthorized use of your Login Details, if your Login Details are lost or stolen or any other breach of security.
Login Details may only be used by a single user and are not transferable. Please note that your Login Details may be used both on the Website, Platform and Application. You also acknowledge that your Account is personal to you and agree not to provide any other person with Access to the Service or portions of it using your Login Details.
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
You are prohibited from attempting to circumvent and from violating the security of the Service, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing IP packet header; (e) disrupting the Musaffa’s ability to monitor the Service; (f) using any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Service via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Service (collectively, “Security Restrictions”).
You may purchase a Premium Subscription directly from Musaffa or through a third party either by:
We may accept the following methods of payment:
You agree to provide current, complete, and accurate purchase and Account information for all purchases made via the Service. You further agree to promptly update Account and payment information, including email address, payment method, valid billing address, valid issuing bank or other payment service providers, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Service. Sales Tax will be added to the Service Rates of purchases as deemed required by us. All payments shall be in U.S. dollars.
You agree to pay all charges or subscription fees at the Service Rates then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in charges, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Service.
Musaffa may from time to time change the rate for the Premium Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Coupon (defined above) (“Service Rate”), and will communicate any Service Rate changes to you in advance on reasonable notice. Service Rate changes will take effect at the start of the next subscription period following the date of the Service Rate change. Subject to applicable law, by continuing to use the Service after the Service Rate change takes effect, you will have accepted the new Service Rate. If you do not agree to a Service Rate change, you can reject the change by unsubscribing from the applicable Premium Subscription prior to the Service Rate change going into effect.
Tax rates are based on the Services Rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory or even city. Any change in Tax rate will be automatically applied based on the Account information you provide.
If you have purchased a Premium Subscription using a Coupon, your subscription will automatically terminate at the end of the period stated in the Coupon, or when there is an insufficient pre-paid balance to pay for the Service.
Corporate Accounts will have separate Premium Subscription plan that is applicable only for Organizations and will have additional features available that is applicable for organizational use (“Enterprise”)
The subscription fees charged for used Service will not be refunded back. Subject to the Musaffa’s sole discretion, on case-by-case basis we may refund back the remaining (unused) balance that was not used for any Service to you credit /debit card recorded on your Account. Any extra bonus periods or Pre-Paid Period provided at the time of purchase of the Premium Subscriptions will be deducted from the unused balance at the time of refund. Your Account and billing information must be up to date in order for us to refund you. Please allow a reasonable time for the refund to be charged back to your card.
We will not tolerate any fraudulent orders or use of stolen credit cards and will vigorously pursue individual or persons committing such acts. Furthermore, we will initiate and support contact with all local, state, provincial, and federal law enforcement agencies to apprehend, arrest and convict offenders.
You agree not to initiate any charge-back with your credit or debit card company without first contacting us first in writing, via email to resolve any dispute that may occur. You acknowledge and understand that you will be responsible for any and all fees or charges levied against Musaffa by our processor or by any credit or debit card company in conjunction with any chargeback incident and you authorize Musaffa to charge those costs to your credit card without recourse. You are hereby notified that any uncollectible fees will be assigned to a licensed collection agency for aggressive collection and reporting to all credit reporting agencies and e-commerce bureaus.
If you sign up for a Trial, you agree that the withdrawal right for the Premium Subscription for which you are receiving a Trial ends seven (7) days after you start the Trial. If you don't cancel the Premium Subscription before the Trial ends, you lose your right of withdrawal and authorize us to automatically charge you the agreed price each month until you cancel the Premium Subscription. For Trials less than seven (7) days, you expressly consent to us providing you with the paid service immediately after the end of your Trial and that from that point you lose your right of withdrawal.
If you purchase a Premium Subscription with no Trial, you agree you have seven (7) days after your purchase to withdraw for any reason and must pay us for the Service provided up until the time you tell us that you have changed your mind. You expressly consent to us providing you with the Service immediately following your purchase, that you lose your right of withdrawal, and authorize Musaffa to charge you automatically each month until you cancel.
From time to time, Musaffa or partner service providers will run promotions on the Service. These promotions will be subject to additional terms and conditions and such terms and conditions (including the closing date for any promotion) will be displayed clearly on the Service. Musaffa is not responsible for promotions run by partner service providers and you must make your own inquiries with the relevant service providers directly before availing of, and relying on, the terms and conditions of any such promotion. You shall avail of any promotion in good faith and not misuse any promotional code provided to you. We reserve the right to restrict these promotional offers to certain users, or place other restrictions or conditions on such offers. We also reserve the right to stop any promotional offer or to prohibit a user from continuing to use the Service if we determine that a user is abusing the terms of the offers. We reserve the right to expire and remove any promotional balance from your Account for non-usage of one year or more, for an abuse or misuse of the offer.
You understand and agree that the Service and its entire Content (defined below), features, and functionality (including but not limited to all information, software, text, displays, images, graphics, photographs, video, and audio, and the design, presentation, selection, and arrangement thereof) are owned by Musaffa, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (collectively, “IP Rights”).
Content includes, without limitation: (1) general news and information, commentary, research reports, educational material and information and data concerning the financial markets, securities and other subjects; (2) financial and investment, screening interactive tools, such as alerts, warnings, categorization or calculators; (3) account management tools; (4) Trademarks owned by Musaffa, and marks, logos, designs, names owned by Third Party Providers (defined below); and (5) any other information, material, content, media, services, or software (collectively, “Content”). Certain content is furnished by third parties (each, a “Third-Party Provider” and collectively, the ““Third-Party Providers”). Such Content provided by Third-Party Providers (“Third Party Content”) includes, without limitation, any information, content, service or software made available by or through the Website, Academy, Platform, Application, Community, Interactive Features, Third Party Applications, other social media websites, blogs, wikis, online conferences, telecasts, podcasts, and other forums. Third Party Content may be available through framed areas or through hyperlinks to the Third-Party Providers’ websites.
Musaffa’s, its parent’s, affiliates’, subsidiaries’ company names, Musaffa, www.musaffa.com and all related names, logos, product and service names, designs, images, and slogans are trademarks of Musaffa or its affiliates or licensors (collectively, “Trademarks”). You must not use Trademarks without the prior written permission of Musaffa. Third Party Provider’s names, logos, product and service names, designs, images, and slogans mentioned, or which appear on our Service are the trademarks of their respective owners. Use of any Trademarks, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
This License shall remain in effect unless and until terminated by you or us.
(collectively, “License Restrictions”).
We reserve the right to withdraw or amend the License, and any service or material we provide through the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entirety of the Service to users, including registered users.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as follows:
You must not:
The Service may contain Interactive Features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Service.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Musaffa, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of the Service.
These content standards apply to any and all User Contributions and your use of Interactive Features. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
(collectively, “Content Standards”).
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS MUSAFFA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MUSAFFA/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER MUSAFFA/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Musaffa and/or the Third-Party Providers may discontinue or modify the Content, or any portion thereof, at any time. You release and agree to indemnify and hold harmless Musaffa, and the Third-Party Providers, for any loss or damages arising from or relating to such discontinuation or modification.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Musaffa to terminate the Accounts of repeat infringers.
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
We may update the Content on the Service from time to time, but its Content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.
You may link to our Community, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Community may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
For your convenience, the Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services, or may provide links or pointers to third-party applications, websites and services (“Third-Party Applications”) and third-party personal computers, tablets, mobile phones, and other devices (“Third-Party Devices”). Your use of such Third-Party Applications and Third-Party Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. Musaffa does not guarantee that Third-Party Applications and Third-Party Devices will be compatible with the Service.
We make no representations about any other Third-Party Applications and Third-Party Devices that may be accessed from the Service. If you choose to access any such Third-Party Applications and Third-Party Devices, you do so at your own risk. We have no control over the Third-Party Content of any such Third-Party Applications and Third-Party Devices and accept no responsibility for such Third-Party Applications and Third-Party Devices or for any loss or damage that may arise from your use of them.
Furthermore, the Service may include Third Party Content (as defined above), including from other users and third-party licensors. All statements and/or opinions expressed in any such Third-Party Content, other than the Content provided by Musaffa, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Musaffa. Neither Musaffa nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Musaffa’s Services and products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.
Musaffa is not a broker/dealer, we are not an investment advisor, we have no access to non-public information about publicly traded companies, and this is not a place for the giving or receiving of financial advice, advice concerning investment decisions or tax or legal advice. We are not regulated by the Financial Services Authority. Where we present screens, the results should only be treated as candidates for further research, not as a buy list or set of recommendations. Screening may help to narrow a search based on pre-defined criteria but it is not a substitute for independent research reflecting your individual criteria for investing/trading. You acknowledge that: (i) the Service is provided for information purposes only and is not intended for trading purposes; (ii) the Service may include certain information taken from stock exchanges and other sources from around the world.
NEITHER MUSAFFA NOR THE THIRD-PARTY PROVIDERS EXPLICITLY OR IMPLICITLY ENDORSE OR APPROVE ANY THIRD-PARTY CONTENT. THIRD PARTY CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT OR THE SERVICE IS NOT INTENDED TO PROVIDE FINANCIAL, LEGAL, TAX OR INVESTMENT ADVICE OR RECOMMENDATIONS. NO CONTENT ON THE SERVICE CONSTITUTES - OR SHOULD BE UNDERSTOOD AS CONSTITUTING – A SOLICITATION, OFFER, OPINION, RECOMMENDATION TO ENTER IN ANY SECURITIES TRANSACTIONS, OR SERVICES REGARDING THE PROFITABILITY OR SUITABILITY OF ANY SECURITY OR INVESTMENT, OR TO ENGAGE IN ANY OF THE INVESTMENT STRATEGIES PRESENTED IN OUR SERVICE OR THE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT STRATEGY, RELATED TRANSACTION, SECURITIES SCREENING SUGGESTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE. YOU SHOULD CONSULT YOUR LEGAL OR TAX PROFESSIONAL REGARDING YOUR SPECIFIC SITUATION.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES, PRODUCTS, MEDIA OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
ALTHOUGH MUSAFFA STRIVES THE SERVICE AND THE CONTENT TO BE REASONABLY HELPFUL, USEFUL, RELIABLE, AND CURRENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE CONTENT, AND ANY SERVICES, PRODUCTS, MEDIA OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND THE CONTENT, AND ANY SERVICES, PRODUCTS, MEDIA OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MUSAFFA NOR ANY PERSON ASSOCIATED WITH MUSAFFA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER MUSAFFA NOR ANYONE ASSOCIATED WITH MUSAFFA REPRESENTS OR WARRANTS THAT THE SERVICE AND THE CONTENT, OR ANY SERVICES, PRODUCTS, MEDIA OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES, PRODUCTS, MEDIA OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICEAND THE CONTENT, AND ANY SERVICES, PRODUCTS, MEDIA OR ITEMS OBTAINED THROUGH THE SERVICE, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE AND THE CONTENT, AND ANY SERVICES, PRODUCTS, MEDIA OR ITEMS OBTAINED THROUGH THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN THE SERVICE AND THE CONTENT, AND ANY SERVICES, PRODUCTS, MEDIA OR ITEMS OBTAINED THROUGH THE SERVICE, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
TO THE FULLEST EXTENT PROVIDED BY LAW, MUSAFFA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MUSAFFA, ITS PARENT, AFFILIATES, SUBSIDIARIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE AND THE CONTENT, AND ANY SERVICES, PRODUCTS, MEDIA OR ITEMS OBTAINED THROUGH THE SERVICE, ANY THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATION, THIRD-PARTY CONTENT, LINKED TO IT OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF FORESEEABLE.
NO DAMAGES OTHER THAN COMPENSATORY DAMAGES, STRICTLY LIMITED TO THE AMOUNT OF THE SERVICE FEE OR OTHER VALUE PAID BY YOU IN RELATION TO SERVICE PROVIDED TO YOU, WHERE FAULT LIES SOLELY WITH MUSAFFA, SHALL BE INCURRED BY MUSAFFA.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York City, NY, USA. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Service be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Service is operated by Musaffa, LLC 244 Madison Avenue New York, NY 10016 United States.
Should you become aware of misuse of the Service including libelous or defamatory conduct, you must report it to Musaffa at email@example.com.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: firstname.lastname@example.org.
244 Madison Avenue, New York, NY 10016, United States