Terms & Conditions

Terms of Service

Makk Chatt Consumer Terms of Service

Last updated: September 29, 2017.

THESE TERMS OF SERVICE APPLY TO USERS OF THE MAKK CHATT APPLICATION AND THE PREMIUM FEATURES VERSION KNOWN AS MAKK CHATT PRO (COLLECTIVELY, THE “APP”). THE TERMS OF SERVICE APPLICABLE TO MAKK CHATT BUSINESS CUSTOMERS FOLLOWS BELOW.

 

IMPORTANT: PLEASE READ THE FOLLOWING MAKK CHATT TERMS OF SERVICE (“AGREEMENT”) CAREFULLY BEFORE DOWNLOADING AND/OR USING THE APP), USING THE MAKK CHATT MESSAGING SERVICE OR ACCESSING THE MAKK CHATT WEBSITE (WITH ANY ASSOCIATED SOFTWARE, UPGRADES, AND DOCUMENTATION PROVIDED BY MAKK CHATT, THE “SERVICE”). THIS AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND MAKK CHATT LLC, A TEXAS LLC.

 

 

BY DOWNLOADING AND/OR USING THE SERVICE, YOU ACCEPT AND AGREE TO COMPLY WITH THIS AGREEMENT, WHICH WILL GOVERN YOUR USE OF THE SERVICE, EXCEPT AS FOLLOWS. IF YOU HAVE SIGNED, OR ARE AN AUTHORIZED EMPLOYEE OR REPRESENTATIVE OF AN ENTITY THAT HAS SIGNED, A SEPARATE WRITTEN AGREEMENT WITH MAKK CHATT REGARDING YOUR USE OF THE SERVICE, THEN THE TERMS OF THAT AGREEMENT SHALL BE BINDING ON YOU AND (WHERE APPLICABLE) THAT ENTITY, AND WILL GOVERN YOUR USE OF THE SERVICE TO THE EXTENT STATED THEREIN.

 

 

THE SERVICE IS ONLY FOR INDIVIDUALS AGED 13 OR OLDER; IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. BY ACCEPTING THESE TERMS YOU REPRESENT THAT YOU ARE NOT UNDER THE AGE OF 13.

 

1.) Services.

  • Makk Chatt is a messaging service that permits authorized users to send voice, text, video and image messages to other users or groups of users via a supported smartphone or other supported devices using the Makk Chatt App and the premium feature Makk Chatt Pro App.

 

2.) License.

  • 2.1 Subject to the terms of these TOS, Makk Chatt grants you a non-sublicensable, non-assignable, non-exclusive license to use the Service, including the App, for your personal purposes, in accordance with these TOS and the documentation or instructions supplied by Makk Chatt. If you elect to purchase the premium features offered in the Makk Chatt Pro upgrade, your license also includes your commercial use of the Service.

  • 2.2 License Restrictions. You shall not (and shall not allow others to): (a.) make the Service available over a network or other environment permitting use by multiple users or otherwise transfer or distribute the Service; (b.) reverse engineer, disassemble or decompile the Service or otherwise derive or attempt to derive the source code or structure of the Service (except as and only to the extent any foregoing restriction is prohibited by applicable law); (c.) modify, reproduce, or create derivative works of the Service; (d.) remove any copyright or other proprietary notices contained in the Service (e.) directly or indirectly export or re-export the Service; or (f.) remove, circumvent, or interfere with any digital rights management or security tools or other similar technologies available on or in the Service.

 

3.) Registration for Service and Makk Chatt Site. Your Contacts.

  • 3.1. Registration for Service and Site. You are required to create an account to use the Service. You can also create an account on the Makk Chatt Site and use such accounts to obtain information and submit support questions about the Service. In creating an account you agree to provide truthful information; impersonating others or providing false information in connection with creating a user account is strictly prohibited. You agree (i) to provide accurate, current and complete information as may be prompted by Makk Chatt in connection with Customer’s registration for and use of the Makk Chatt Site and/or Service; (ii) to maintain the security of the identification and password associated with the access and use of the Makk Chatt Site and/or Service; and (iii) to immediately inform Makk Chatt if You become aware of any unauthorized access or use of the Makk Chatt Site and/or Service.

  • 3.2 Your Contacts. As part of your usage of our Service, we provide you the opportunity to connect automatically with your friends. We employ various techniques in order to facilitate friends finding each other on our service, including offering contact importer tools to facilitate adding to your contacts (including contacts in your address book) so that you can more readily ask your contacts to join and communicate with you through the Makk Chatt Service. With your permission, we will access your address book and import your contacts’ names, email address, phone numbers, image, geographic location and Facebook IDs to facilitate automatic connection with your friends. We do this only for contact matching to help your friends and you find each other. We may allow other users to use contact information they already have about you, such as your email address or your name, to determine if you are a Makk Chatt user. If you are already a Makk Chatt user, then others can add you to their contact list by choosing your name off of a list of users available via our products. We make your name available to others to help your contacts find you. We also give you an opportunity to invite your contacts to register at the Makk Chatt Site and download the Products, and in connection with that activity you may provide us access to third party contact information. When you click to invite one or more friends to join Makk Chatt an SMS invite is sent from you from your phone. You and your invitee may be charged by your phone carrier for sending or receiving these text messages. By using the importer tools or otherwise assenting to such activities, you agree that you are providing us with consent for such activities.

 

4.) Restrictions on Use of the Services.

  • You agree that you will not use the Services to: (a.) upload or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b.) send unsolicited advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of unsolicited messages, whether commercial or otherwise; (c.) harvest or collect data regarding other users, including e-mail addresses, without their consent; (d.) attempt to gain unauthorized access to or interfere with servers or networks connected to or used with the Services or violate the policies of such networks; (e.) harass or interfere with another user’s use and enjoyment of the Service; (f.) impersonate any person or entity or misrepresent your relationship to or affiliation with a person or entity; (g.) use the Service to post content in violation of the Restrictions on Content in Section 5.2; or (f.) engage in any illegal or unlawful activity, whether intentionally or unintentionally. In addition, you may not access or use the Service for benchmarking or similar purposes, except with Makk Chatt specific prior written consent.

 

5.) Content.

  • 5.1 Responsibility for Content and License. The Service enables users to transmit content, such as voice, text and images (“User Content”). By uploading, transmitting or otherwise providing User Content via the Service, you represent that you own, or have the necessary rights to use, reproduce, and distribute, and to authorize Makk Chatt and other users to use, reproduce, and distribute, such User Content, and you grant Makk Chatt a non-exclusive, transferable, sub-licensable, royalty free, worldwide license to use, reproduce, and distribute any such User Content for purposes of providing, maintaining and improving the Service. Makk Chatt’s use of such content will be in accordance with its privacy policy: www.makkchatt.com/legal/consumer/privacy/

  • 5.2 Restrictions on Content. You agree that you will not use the Services to upload, transmit, or otherwise provide any User Content (a.) that violates any third-party right, including any copyright, privacy right, right of publicity, or any other intellectual property or proprietary right; (b.) that is unlawful, harassing, vulgar, defamatory, misleading, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable; or (c.) in violation of any law, regulation, or obligations or restrictions imposed by any third party. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Makk Chatt. You agree that you will comply with the Digital Millennium Copyright Act (“DMCA”) and will act promptly to remove any infringing material from the Service if you or Makk Chatt receives a notice qualifying under the DMCA.

  • 5.3 Visibility of and Storage of User Content. Content you send to other users will appear on other users’ devices and these communications are also stored in our database. Even if an Authorized User removes this content from his or her device or account, copies may remain viewable on the devices of other users to whom the content was transmitted and may remain stored in our database. Therefore, you should be aware that User Content that Users send to other users cannot be removed from their devices unless the other user removes the data. Other users may also share any User Content sent to them.

  • 5.4 Review of and Deletion of Content. We have the right (but not the obligation) to review any User Content that is used with the Services and not post, delete or modify any User Content that in our sole judgment violates these TOS, or may otherwise violate the rights of, harm, or threaten the safety of any user or any other person or our systems, or create liability for us or any user. While we may store User Content, we also have no obligation to store User Content for any period of time or to create or provide you with any copies.

  • 5.5 Third-Party Content. The Services may display, contain links to, or otherwise give you access to third-party communications, content, products, services or websites (“Third-Party Content”). You acknowledge that Makk Chatt does not monitor, investigate or endorse Third-Party Content. We do not control and do not guarantee the accuracy, integrity, or quality of such Third-Party Content. By using the Services, you may be exposed to content that is offensive, indecent or otherwise objectionable. Your access to and use of Third-Party Content is at your sole discretion and risk and Makk Chatt and its affiliates, partners, suppliers and licensors shall have no liability to you in connection with your access to and use of the Third-Party Content.

 

6.) Intellectual Property.

  • Except for the rights expressly granted herein, these TOS does not grant either party any rights, implied or otherwise, to the other’s content or other intellectual property.

 

7.) Makk Chatt and Makk Chatt Pro and Payment Services.

  • 7.1 As part of the Makk Chatt and Makk Chatt Pro premium service, Makk Chatt may offer you access to additional features within the App via in-app purchase of a subscription to the premium service. Any additional features are included as part of the App and Service and are subject to these TOS. Payments for subscriptions and purchases are processed by the applicable app marketplace, including without limitation, the Apple App Store and Google Play, and not by Makk Chatt, and are subject to the terms and conditions of those third parties.

  • 7.2 Please note that purchases within the Makk Chatt App are FINAL AND NON-REFUNDABLE.

  • 7.3 Makk Chatt may at any time, upon notice required by applicable law, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your subscription via the app marketplace where you set up the subscription. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.

  • 7.4 If you cancel or otherwise do not pay your subscription to Makk Chatt Pro, your access to the premium features and service will be terminated.

 

8.) Updates; Feedback.

  • 8.1 Updates to the Service. Makk Chatt may extend, enhance or otherwise modify the Service or portions thereof (collectively, “Updates”) from time to time, but Makk Chatt is not obligated to do so. If Makk Chatt furnishes you with Updates to the Services, such Updates shall be deemed incorporated into the Services and shall be subject to the terms of these TOS.

  • 8.2 Updates to these TOS. Makk Chatt reserves the right, at its sole discretion, to modify these TOS, at any time. If we modify these TOS we will update the “Last Updated Date” at the top of these TOS and provide you notice of the modification via email or via the Site and you agree that such notice is sufficient. By continuing to access or use the Product after we have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement.

  • 8.3 Feedback. We may provide you with a means to provide feedback, ideas or suggestions (“Feedback”) regarding the Service. If you choose to provide Feedback, you agree that you retain no rights in such Feedback and Makk Chatt shall own all rights, including intellectual property rights, thereto. You hereby assign all such rights to Makk Chatt.

 

9.) Communications; Data Collection/Privacy; Security.

  • 9.1 Communications. In order to perform to its specifications, the Services will regularly communicate with Makk Chatt and Makk Chatt affiliates’ hardware/software/servers during the normal course of operation and such hardware/software/servers will retrieve, process, transmit and store data received from the App and the devices on which the App is loaded (including voice conversations and text conversations). In addition, Makk Chatt may contact you via email, the Service or other contact information, in connection with the Service and these TOS, in accordance with the Makk Chatt privacy policy.

  • 9.2 Data Collection and Privacy Policy. Makk Chatt will have access to User’s profile information and User Content. Additionally, Makk Chatt may itself gather and aggregate device data and user activity data. Details about Makk Chatt’s collection and use practices can be found on our Privacy Policy page.

  • 9.3 User Content and Data. Subject only to the limited license expressly granted hereunder, as between you and Makk Chatt, Makk Chatt acquires no right, title or interest from you under these TOS in or to User Content or associated Customer data, including any intellectual property rights therein. You are solely responsible for User Content that you upload, publish, display, link to or otherwise make available on the Service, and you agree that Makk Chatt is only acting as a passive conduit and data processor for the online distribution and publication of User Content which you control.

  • 9.4 Security. Makk Chatt has implemented commercially reasonable technical and organizational measures designed to secure User Content and associated data from accidental loss and from unauthorized access, use, alteration or disclosure. However, Makk Chatt cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your User Content or associated data for improper purposes. You acknowledge that all User Content and associated data is provided to Makk Chatt at Customer’s own risk.

 

10.) Term and Termination.

  • 10.1 These Terms of Service are effective when you download, use or access the App, Service or Site. You may terminate your account at any time and for any reason by following the process described on our support page.

  • 10.2 With respect to the Makk Chatt App and any unpaid promotional access to Makk Chatt Pro, Makk Chatt may terminate these Terms of Service, your account, your access to the Service, the Service itself or any portion of the Service at any time and for any reason. Makk Chatt may also notify authorities or take any actions it deems appropriate (including without limitation suspending your account and your access to the Service), without notice to you if Makk Chatt suspects or determines that you may have failed to comply with any provision of these Terms of Service or any other Makk Chatt policy or rule, or engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm or other disruption for you, Makk Chatt, any third party or the Service itself.

  • 10.3 As the result of any termination, you will lose your account and all associated User Content, information and data. You will not be entitled to and Makk Chatt will not be liable to you or any third party for any refund, reimbursement or other liability as a result of any termination (by you or by Makk Chatt) permitted under these Terms of Service for any reason. Makk Chatt reserves the right in its discretion to refuse to maintain an account for, or provide the Service to, any individual.

  • 10.4 These Terms of Service will remain effective until terminated. Sections 2.2, 5.1, 8.3, 11, 12.1 and 14 shall survive any termination or expiration of this Agreement.

 

11.) WARRANTY DISCLAIMER; LIMITATION ON LIABILITY; INDEMNITY.

  • 11.1 YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, MAKK CHATT, ITS LICENSORS AND MAKK CHATT AFFILIATES DISCLAIM ALL WARRANTIES RELATING TO THE PRODUCT AND THE MAKK CHATT SITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  • 11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MAKK CHATT, NOR MAKK CHATT AFFILIATES OR LICENSORS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR © FOR ANY AMOUNT IN EXCESS OF $500.00. EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL, BARGAINED FOR BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION EXCHANGED HEREUNDER AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT NEITHER MAKK CHATT NOR MAKK CHATT AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR ANY LOSS OF LIFE, PERSONAL INJURY, OR ECONOMIC DAMAGE RESULTING FROM THE USAGE OF THE PRODUCT.

  • 11.3 YOU AGREE THAT YOU WILL NOT USE THE PRODUCT WHILE OPERATING A MOTOR VEHICLE, FOR TIME-CRITICAL OR EMERGENCY SERVICES OR EVENT OR FOR ANY OPERATION WHERE INJURY, DEATH, OR ECONOMIC DAMAGE COULD OCCUR.

  • 11.4 INDEMNITY. You agree to hold harmless and indemnify Makk Chatt, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, from and against any third party claim arising from or in any way related to your use of Makk Chatt Services, violation of these Terms of Service or any other actions connected with use of Makk Chatt Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Makk Chatt will provide you with written notice of such claim, suit or action.

 

12.) Third Party Code; Third Party Services.

  • 12.1 Third Party Code. You acknowledge that the Service uses and/or interfaces with other third party material, including open source libraries/components/applications/user interface/utilities (collectively referred to as “Third Party Code”).

  • 12.2 Third Party Services, The Service may contain links to third party websites or resources. Makk Chatt may remove any such links at any time for any reason or for no reason. You acknowledge and agree that Makk Chatt is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. Such links do not imply any endorsement by Makk Chatt of, or relationship of Makk Chatt with, such websites or resources or the content, products, or services available from such websites or resources. You shall have sole responsibility for and you assume all risk arising from your use of any such websites or resources.

 

13.) ITunes App Store Downloads.

  • The following terms apply if you download the App from Apple’s iTunes App Store: You acknowledge and agree that: This Agreement is concluded between you and Makk Chatt, and not with Apple, and Makk Chatt, not Apple, is solely responsible for the Product and content thereof. Your use of the Service must also comply with the Terms of Service of Apple. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you (if applicable), and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Makk Chatt. Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Service or your possession and use of the App or Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Service or your possession and use of the App or Service infringes that third party’s intellectual property rights, Makk Chatt will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent (if any) required by this Agreement. Apple and its subsidiaries are third party beneficiaries of this Agreement as related to your license of the Service, and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Product against you as a third party beneficiary thereof. You must also comply with all applicable third party terms of service when using the Service. Nothing in this section will be construed as diminishing the effect of any disclaimer or limitation of Makk Chatt’s liability under this Agreement.

 

14.) Miscellaneous.

  • 14.1 Waiver. The failure to enforce any term of these TOS on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term.

  • 14.2 Assignment. Although fully assignable and transferable by Makk Chatt, neither the rights nor the obligations arising under these TOS are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect unless agreed to in writing by Makk Chatt.

  • 14.3 Governing Law. These TOS and any action related thereto shall be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws provisions therein. These TOS shall not be governed or affected by any version of the Uniform Computer Information Transactions Act enacted in any jurisdiction or by the United Nations Convention on Contracts for the international Sale of Goods.

  • 14.4 Dispute Resolution.

    • 14.4.1 General. You and Makk Chatt agree that any dispute, claim or controversy arising out of or relating to this these TOS or the breach, termination, enforcement, interpretation or validity thereof or the use of the Product or Makk Chatt Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to: (a) bring an individual action in small claims court and (b) bring an action seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (“IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Tarrant County of Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

    • 14.4.2 Waiver; Consolidation. You acknowledge and agree that you and Makk Chatt are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Makk Chatt otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.

    • 14.4.3 Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

    • 14.4.4 Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

    • 14.4.5 Arbitration Location and Procedure. (A.) For users located in the United States. Unless you and Makk Chatt otherwise agree, the arbitration for any user located in the US will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Makk Chatt submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. (B.) For users located Outside of United States. Any arbitration proceeding will be conducted in the county where Makk Chatt maintains its primary office, namely Tarrant County, Texas, USA. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Makk Chatt submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

    • 14.4.6 Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Makk Chatt will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

    • 14.4.7 Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Makk Chatt will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

    • 14.4.8 Changes. If Makk Chatt changes this “Dispute Resolution” section after the date your first accepted this Agreement (or accepted any subsequent changes to these TOS), Customer may reject any such change by sending us written notice (including by email to contactus@makkchatt.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Makk Chatt’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Makk Chatt in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these TOS (or accepted any subsequent changes to these TOS).

  • 14.5 Government End Users. The Apps, Service and related documentation are “Commercial Items”, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in FAR 2.12. Any use, duplication, or disclosure of the Service or its documentation by or on behalf of the U.S. Government is subject to the restrictions set forth in this Agreement

  • 14.6 Export. You agree to comply fully with all relevant export laws and regulations of the United States and other applicable jurisdictions (“Export Laws”) governing the Service and/or your use thereof. Without limiting the foregoing, you shall not: (a) export or re-export the Service directly or indirectly in violation of Export Laws; nor (b) use the Service for any purposes prohibited by the Export Laws, including but not limited to nuclear, chemical, or biological weapons proliferation.

  • 14.7 Unenforceability. In the event that any of the provisions of these TOS shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

  • 14.8 Entire Agreement. These TOS, Privacy Policy and any additional policies or rules published by Makk Chatt constitute the entire agreement between the parties pertaining to the subject matter hereof, superseding any prior agreements between you and Makk Chatt regarding the App, Service and Makk Chatt Site and any and all written or oral agreements previously existing between the parties are expressly cancelled.

 

For any questions or comments or complaints or claims with respect to these TOS, the Site, App or Service please contact:

 

Makk Chatt LLC, contactus@makkchatt.com

Copyright © 2017 Makk Chatt LLC. All rights reserved.

Company

Copyright © 2017 Makk Chatt, Inc.

All rights reserved.

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*Makk Chatt is not affiliated with any other company.