SongR

0 Create songs like a proCreate your own fully customized songs with just 3 clicks!- No musical experience needed - Try SongR App now Enabling everyone to create unique, personalized songs that can be freely sharedEngage your audience with unique content.Entertain friends and family with personalized songs.Send unique song gifts for special occasions. Our mission is to democratize the creation of song and music for all Try SongR App now SongR is an all-in-one AI Text-to-Song Transformer: Generates custom lyrics from just a few keywords Adds vocals and accompaniments from a genre of choice Creates a unique song for you to share on social media ­­ --- 0 Updated on, and effective as of, December 21, 2022 RIFFIT (“RIFFIT,” “us,” or “we”) is committed to protecting and respecting your privacy in connection with your use of our website, www.RIFFITnow.com (the “Website(s)”), applications (“Apps”), and other products, services, and features thereof (the Website, the Apps and such other products, services, and features are collectively referred to herein as the “Product” or “Products,” which may be updated from time to time at the sole discretion of RIFFIT). This privacy policy (“Privacy Policy”) and any other documents referred to herein set forth the basis on which any personal information we collect from you, or that you provide to us, in connection with the Products will be processed by us. This Privacy Policy is incorporated into and made part of our Terms & Conditions. The terms “RIFFIT,” “us,” or “we” refer to RIFFIT, Inc. Please read the following carefully to understand our practices regarding your personal information and how we will collect, use, and disclose your personal information. 1.     INFORMATION WE MAY COLLECT FROM YOUWe may collect and process the following information about you:·      Personal information including, for example, your name, e-mail address, telephone, credit or debit card or other payment information, information about your usage of the Products and information collected by tracking technologies as further described below that may identify you as an individual or allow online or offline contact with you as an individual.·      Device Information such as operating system version, device type, and system performance information.·      Information collected via tracking technologies, as described in section 4. If you choose to invite a “Friend” to use the Products using our Friend system, we will ask you for their name and phone number. We will use this information to invite them to join the Products. We store this information for the sole purpose of sending invitations and tracking the success of our Friend program. If your Friend would like us to delete their information, they can do so by opting out as described in their invitation or by contacting us at help@RIFFITnow.com. 2.     CONFIDENTIALITY AND SECURITYThe security of your personal information is important to us. We follow generally accepted standards, as applicable, to protect the personal information submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal information, you can contact us at help@RIFFITnow.com. We will post a notice in the Products or otherwise notify you of any loss of data or breach of our security measures we discover which has resulted in the loss or unauthorized access, disclosure, use or acquisition of your personal information, as required by law. Except as described under the “Disclosure of Your Information” section below, we do not provide your personal information to any third party without your consent. Information that is de-identified or anonymized is not considered personal information. 3.     NEWSLETTERS OR OTHER ELECTRONIC COMMUNICATIONSIf you sign up to receive email newsletters or promotional materials from us we will use the information you give us to provide the communications you have requested. If you inform us that you wish to cancel email newsletters or promotional materials by selecting unsubscribe or opt out at the bottom of such communication or by emailing us at help@RIFFITnow.com, we will remove you from our mailing list. If you no longer wish to receive push notifications, you may turn them off at the device level. If you provide your phone number through the website in order to receive an SMS message with a link to our Apps, you will receive such SMS message (the “SMS Service”). Standard text message rates will apply. 4.     TRACKING TECHNOLOGIESRIFFIT and our analytics partners, use technologies such as cookies, beacons, tags, and scripts to enable a service to recognize your device so you don’t have to provide the same information several times during one task, recognize that you may have already given a username and password so you don’t need to do it for every web page requested, and measuring how many people are using services. We use local storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on the Products also use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. Our third-party partners may use technologies such as cookies to gather information about your activities within the Products to deliver such advertising to you, such as retargeting ads. We currently do not respond to do-not-track signals. For more information about interest-based ads, including how to opt-out of having your web-browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices. Please note that this does not opt you out of being served ads. You may continue to receive generic ads on these third-party platforms. You may also opt out of receiving ads across devices by adjusting your ad preference in your Google account. We use third-party trackers to let us know when users have visited the Products by clicking the links from our sponsored advertising or content hosted on third-party platforms. The Products use Google Analytics code to gather statistical information. Google Analytics sets cookies to help us accurately estimate the number of visitors to the Products and the volumes of usage of the Products. This is done to ensure that the Products are available when you want them and are fast. For more information on how Google Analytics processes this information, visit www.google.com/analytics. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the Products, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We may link the information we store within the analytics software to any personal information you submit within the mobile application. As true of many websites, we gather certain information and automatically and store it in log files. This information may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. If you receive the HTML-formatted version of our email newsletter, your opening of the newsletter is notified to us and saved. Your clicks on links in the newsletter are also saved. These and the open statistics are used in aggregate form to give us an indication of the popularity of the content and to help us make decisions about future content and formatting. 5.     WHERE WE STORE YOUR PERSONAL INFORMATIONAll information you provide to us through the Products is stored on our secure servers located in the United States. Any payment transactions will be encrypted using SSL technology; all payment information is stored with our payment processor and is never stored on RIFFIT’s servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Products, you are responsible for keeping this password confidential. You may not share a password with anyone, and we suggest that you change your password frequently. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will take appropriate measures designed to protect your personal information, we cannot guarantee the security of your information transmitted to the Products; any transmission is at your own risk. Once we have received your information, we will use appropriate procedures and security features designed to try to prevent unauthorized access. You understand that our business is based in the United States. If you are a resident of a country other than the United States or if you use the Products while you are located outside of the United States, you acknowledge that we may process, store and, as applicable, transfer your personal information in or to the United States, which may not have data privacy laws that provide the same protection as such other countries. You consent to such processing, and you understand therefore that your personal information may be available to government authorities under lawful orders and laws applicable in the United States. Personal information that we collect, access or process will be retained only as long as reasonably necessary for the fulfilment of the purposes for which it was collected, unless otherwise provided for under an agreement with you or as required or authorized by law. Personal information that is no longer required to fulfil the identified purposes will be destroyed, erased, or de-identified. 6.     ACCESS TO AND DELETION OF PERSONAL INFORMATIONYou may access your personal information at any time via the iOS app, or by emailing help@RIFFITnow.com. To request the deletion of your personal data that we have on file please email us at help@RIFFITnow.com. We will respond to your request in a reasonable timeframe. 7.     USES MADE OF THE INFORMATIONWe use information held about you in the following ways: ·      To ensure that content provided by the Products is presented in the most effective manner for you and for your computer or other device.·      To provide you with information, products or services related to RIFFIT that you request from us or which we feel may interest you, unless you have requested that we not provide this information.·      To provide you with customer service communications.·      To carry out our obligations arising from any agreements entered into between you and us.·      To allow you to participate in interactive features of the Products, when you choose to do so.·      To notify you about changes to the Products.·      To understand your broad, non-specific geographic location to help us identify groups of users by general geographic market (such as zip code, state, or country).·      To provide you with the SMS Service. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. Details of transactions you carry out through the Products and of the fulfillment of your Product orders. Details of your visits to and interactions with the Products including, but not limited to, traffic data, location data, weblogs, and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access. If you are an existing customer, we will only contact you by electronic means (e-mail or in-Product communication) with information about products and services similar to those which were the subject of a previous sale to you. We do not disclose information about identifiable individuals to companies that host advertisements on our behalf, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target.  8.     DISCLOSURE OF YOUR INFORMATIONWe may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries. We may also disclose your personal information to third parties as follows: ·      In some circumstances, based on your specific requests, we may need to disclose your personal information to a third party so that they can provide a service you have requested from such party, or fulfill a request for information from such party. An example of this is the SMS Service. It is the responsibility of any third party that you authorize to receive data to protect that information in accordance with applicable laws and use it only to provide the services or information you have requested. ·      In some circumstances, we may disclose the personal information that you have provided to RIFFIT to a third party that offers and/or provides goods or services complementary to our own for the purpose of enhancing our users’ experiences by offering you integrated or complementary functionality or bundled pricing options. ·      If RIFFIT’s service providers (like hosting, market analytics, and payment service providers) require this information to provide services to RIFFIT. RIFFIT requires each of its service providers to agree to maintain the confidentiality of your personal information disclosed. ·      In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets. ·      If RIFFIT or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets. ·      If we are under a duty to disclose or share your personal information in order to comply with any legal obligation such as to comply with a subpoena, bankruptcy proceedings, similar legal process, or in order to enforce or apply our agreements with you; or to protect the rights, property, or safety of RIFFIT, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. 9.     LINKS TO THIRD-PARTY SITESThe Products may, from time to time, contain links to and from the Products of our partner networks, advertisers, and affiliates. If you follow a link to any of these external websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies. Please check these policies before you submit any personal information to these external websites. 10.  SOCIAL MEDIA WIDGETSOur Products include social media features, such as the Facebook Like button, and widgets, such as the “Share This” button or interactive mini-programs. These features may collect your Internet protocol address, which page you are visiting on or Products, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted by a third party or hosted directly on our Products. Your interactions with these features are governed by the privacy statement of the company providing it. 11.  ‍CALIFORNIA PRIVACY RIGHTSFor personal information that you have provided directly to us through the Products or otherwise, if you are a California resident, California law provides you with the following rights with respect to such personal information:·      The right to know either the categories or specific personal information we have collected, used, disclosed and sold about you.  To submit a request to know, you may contact us at help@RIFFITnow.com. You also may designate an authorized agent to make a request for access on your behalf.·      The right to request that we delete any such personal information we have collected about you.  To submit a request for deletion, you may contact us at help@RIFFITnow.com. You also may designate an authorized agent to make a request for deletion on your behalf. When you exercise these rights and submit a request to us, please provide sufficient information that enables us to verify your identity. We may follow up with you to ask for additional information to verify identity as required under California law and may use a third-party verification provider to verify your identity. Please describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will only use personal information provided in such a request to verify the requestor’s identity and to respond to such request.  The response we provide will also explain the reasons we cannot comply with the request, if applicable, such as a request to delete personal information that is necessary for us or our service providers to complete a transaction or provide a service for which we collected such personal information.  Your exercise of these rights will have no adverse effect on the price and quality of our Products. For the 12-month period prior to the effective or last updated date of this Privacy Policy (see below), we have not sold any personal information about our users (or other data subjects); nor do we have any plans to do so in the future. 12.  CHANGES TO OUR PRIVACY POLICYWe may update this Privacy Policy to reflect changes to our information practices or to keep current with rules, regulations, new technologies, or security standards. If we make any material changes to this Privacy Policy, we will notify you by in-Product message, email (sent to the e-mail address specified in your account) or by means of a notice in the Products prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. 13.  CONTACTQuestions, comments, and requests regarding this privacy policy are welcomed and should be addressed to help@RIFFITnow.com. ‍We encourage individuals covered by this Privacy Policy to raise any concerns that they have about the way that we process their personal information by contacting us as described below. We take your questions and concerns seriously, and we will use commercially reasonable efforts to resolve them. ­­ --- 0 This is a user agreement ("Agreement") for all legal agreements between you and the Company ("RIFFIT Inc." "RIFFIT" "riffit" "Riffit" "we" or "our" or "VDP, LLC") providing, among other things, the terms and conditions for your use of RIFFITNow.com and SongR.AI websites, as well as our products (collectively, the "Service").Acceptance of Terms of ServiceThese Terms, which include our Privacy Policy, are a binding legal agreement and govern your use of the Platform, including all features and functionalities, applications, updates, notifications, user interfaces, and all content and software associated therewith. By using the Service, you accept and agree to be bound by the current version of these Terms. If you do not agree to these Terms, you are not authorized to use, and you should not use, the Platform.Please note that these Terms may change from time to time. We will post changes to our Terms on the Platform and our website and, if the changes are material, we will provide a more prominent notice (such as e-mail notification and/or prompt to accept the new Terms & Conditions during sign-in). When we make changes to the Terms, we will note the date of its most recent revision. While we reserve the right to make changes as needed without advance notice (for example, to comply with state or federal statute), we will make a good faith effort to provide two weeks' notice of material changes to these policies before the updates come into effect.Your continued access to or use of the Platform after we have posted changes to the Terms as set forth above and have otherwise complied with the applicable laws regarding changes in the notice, will indicate that you agree to be bound by such changes. If you do not agree to such changes, you should cease accessing or using the Platform.Use of the PlatformYou may use the Content that is generated from SongR.AI online only, and solely for your personal, non-commercial use and you may download a copy of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. However, RIFFIT does not represent or warrant that use of any Content will not infringe rights of third parties. The permitted use described in this paragraph is always contingent upon your compliance with this Agreement. No other use is permitted without our prior written authorization. Further, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service in any way that affects a user's experience, and not to use any data mining, data gathering or extraction methods.Requests to use Content for any purposes other than as permitted in this Agreement should be directed to support@RIFFITNow.com.We respect the intellectual property of others and require that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.Basic use of the Platform is offered free of charge to everyone. However, we reserve the right to establish fees for use of the Platform at any time or to charge additional fees for premium services, data access, or additional functionality. You will be notified, through the Platform and/or utilizing the information you provided when creating your account, in the event that new premium services are offered, previously free services become premium, or there is a change in fee structure or amount.All Users are responsible for their own use of the Platform. As part of your use of the Platform, you agree that you will not:• Interfere with, or attempt to interfere with, the normal operations of the Platform or any other User's use of the Platform, including by overloading, flooding, spamming, or crashing the Platform or its underlying systems or by altering any profile, reviews, or other information provided by any User;• Post, share, link to, or submit any content or material that is libelous, defamatory, invasive of privacy or publicity rights, vulgar, profane, indecent, obscene, sexually explicit or exploitative;• Use the Platform to harass, bully, threaten, humiliate, stalk or otherwise intimidate any other User or any third party;• Post, share, link to or submit any content or material that constitutes hate speech, promotes violence against any group or person or is otherwise objectionable;• Post, share, link to or submit any content or material that is fraudulent, false, misleading or deceptive;• Post, share, or disclose any personally identifiable information regarding any students;• Impersonate or falsely suggest or claim an affiliation with any other person or entity;• seek to monetize the Platform, including by providing reviews or endorsements for payment or other consideration;• Collect, store, or analyze information about other Users, except as authorized by such User;• Expose the Company to any civil or criminal liability; or• Violate any applicable law or encourage conduct that would constitute a criminal offense.Each User is responsible for the content that such User uploads, shares, posts, links to, or otherwise makes available via the Platform including all reviews ("User Content"). You represent and warrant that you own or have sufficient rights, permissions, and licenses in and to all User Content, including without limitation, all text, images, video, audio, or written materials.Given the nature of the Service and the volume of User Content we generate, we cannot and do not monitor all User Content or other materials posted or transmitted by users and third-party information providers. Occasionally, we may use aggregate data that includes review data in white papers, research reports, marketing intelligence, and other analytics ("Reports"), and our license also allows this specific use. You acknowledge that these Reports may be published or provided to third parties and in connection with the promotion of the Platform, including on our website, social media channels and other marketing and promotional materials and as set forth in these Terms.We reserve the right, but not obligation, to review, or monitor any User Content or use of the Platform and may remove or restrict access to any User Content we deem to be inappropriate, in violation of these Terms or applicable law. We cannot and do not guarantee that you, as a User, will not be exposed to content you find objectionable or offensive and you waive any right to damages relating to such content. If we believe any User Content is in violation of any applicable laws, we reserve the right to report such User Content and information regarding the User to appropriate authorities including legal authorities. You understand and agree that we cannot control how other Users in the Community may use the Platform, including posting of offensive User Content, or use or share your User Content (on the Platform or otherwise) and release us from all liability arising from any other user's acts.Marketing and CommunicationsWe may send you notifications about new Platform features, special offers, promotional announcements, and customer surveys via email, notifications within the Platform, text message, or other methods. You may opt-out from receiving future marketing or promotional materials from RIFFIT by following the instructions provided in the electronic communication. Even after opting out of future marketing or promotional communications, you may still receive legal or technical communications from us relating to the Platform. By using the Platform, you consent to receiving electronic communications from us regarding the Platform.Intellectual PropertyUser Content: The User will retain ownership of all content created or posted by such User ("User Content"), subject to the license granted to us herein.Ownership: All content, graphics, audio, video, pictures, trademarks, Platform marks, logos and other material on the Platform, and its underlying software (the "Software"), algorithms, databases, look and feel and arrangement, are the intellectual property of Company, subject to copyright and other intellectual property protections. For clarity, you understand that all reports generated by RIFFIT utilizing the data from the Platform shall remain the property of RIFFIT. The Company mark and logo are the trademarks of Company. All rights in and to our website, the Platform not expressly granted herein are reserved by us. We grant you and you accept a non-exclusive, non-transferable, revocable license to use the Platform and in accordance with our Terms of Service.Restrictions: You may not use any information provided on or through the Platform for any commercial purpose including by selling, buying, distributing, reposting, or licensing any information or materials you may obtain through use of the Platform, including reviews and other User Content. You may not use any page-scraper, spider, robot, or other automatic device or methodology to access, acquire, copy, or monitor any contacts or content provided on or through the Platform. You may not copy, republish, mirror, transmit, perform, sell, or distribute any part of the Platform, reviews, or User Content for any commercial or other purpose or other than as expressly permitted herein. You may not alter, modify or create derivative works of the Software or Platform and shall not access or attempt to access, reverse engineer, decompile, or otherwise discover the source code of the Software. You will not use or access the Platform in order to develop any competing product or Platform or to conduct benchmarking tests.Social FeaturesOur Platform may include social media features, such as the Facebook "Like" button, and widgets, the "Share To" button, or interactive mini-programs. Social media features and widgets are hosted by third parties. Your interactions with these features are governed by the privacy statements of the companies providing them.Platform FeedbackWe may from time to time request our Users to evaluate, assess, or provide feedback regarding the Platform or proposed improvements or new functions for the Platform. You agree that Company will own the results of any such evaluations and feedback and may use such results in its sole discretion. Any improvements, new features, or new Platforms that may be created or developed by Company based on User evaluations will be exclusively owned by Company without right of any User to consideration or attribution.Maintenance and Changes to the PlatformWe reserve the right to issue corrections or modifications or upgraded versions of the Platform at any time in our discretion. We will try to provide you with advance notice of any potential downtime for the Platform. However, you acknowledge that from time to time the Platform may be unavailable without notice, including to allow for maintenance, upgrades, and corrections, and, unless otherwise agreed between the parties, RIFFIT shall have no liability for such downtime. We will use commercially reasonable efforts to restore the Platform to operation as promptly as possible.TerminationWe may at any time cease to continue operating part or all or selectively disable certain aspects of the Platform. We may terminate your use of the Platform with or without prior notice to you. To request the deletion of your account and your personal data that we have on file please email us at support@RIFFITNow.com. We will respond to your request in a reasonable timeframe. Upon deletion of your user account, all the User Content posted/created by you prior to the deletion of the account will be deleted from the platform.WARRANTY DISCLAIMERTHE PLATFORM AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PLATFORM, SOFTWARE, OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, AND NON-INFRINGEMENT OF ANY THIRD-PARTIES' INTELLECTUAL PROPERTY RIGHTS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ROBUSTNESS, SECURITY, OR COMPLETENESS OF THE PLATFORM, THE SOFTWARE, ITS CONTENT, OR OTHERWISE. WE MAKE NO WARRANTIES OR GUARANTEES REGARDING THE AVAILABILITY OR RELIABILITY OF THE PLATFORM OR THAT THE PLATFORM WILL BE ACCESSIBLE AT ANY SPECIFIC TIME. ALL USE OF THE PLATFORM IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USE AND OBTAIN A REFUND FOR ADVANCE PAYMENTS, IF ANY, AS SET FORTH IN THESE TERMS.If you are an individual user, we hereby expressly disclaim, and you accept such disclaimer, any liability for any loss or damage to you or any other user arising from your use of the platform. If you have a dispute with any other user regarding any user content or the use of the platform, you hereby release us from any and all liability, claims, demand, and damages associated with such dispute or the underlying transaction.LIMITATIONS ON LIABILITYIN NO EVENT SHALL OUR AGGREGATE LIABILITY TO ANY INDIVIDUAL USER IN CONNECTION WITH USE OF THE PLATFORM, EXCEED THE LESSER OF (I) $50 AND (II) THE TOTAL AMOUNT THAT YOU PAID TO US FOR USE OF THE PLATFORM DURING THAT YEAR OF USE OF THE PLATFORM, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, AND/OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, PROFITS, OR BUSINESS. ANY CLAIM OR CAUSE OF ACTION BY YOU MUST BE BROUGHT WITHIN ONE (1) YEAR FOLLOWING THE OCCURRENCE OF THE EVENT RESULTING IN SUCH CLAIM OR ACTION. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE KNEW, SHOULD HAVE KNOWN, OR WERE FOREWARNED OF THE POSSIBILITY OF SUCH DAMAGES BUT WILL NOT APPLY TO ANY INTENTIONAL DAMAGE OR DAMAGE CAUSED BY OUR KNOWING VIOLATION OF APPLICABLE LAW.IndemnificationYou hereby agree to indemnify, defend, and hold Company and its affiliates and each of their owners, members, directors, officers, managers, employees, independent contractors, subcontractors, agents, and representatives ("Indemnified Parties") harmless from any claim, cause of action, proceeding, liability, taxes, damages, loss, attorney fees, cost, and expenses arising from or related to (i) your breach of the Terms of Service, (ii) your breach of the Privacy Policy, and/or (iii) your use of the Platform, including any User Content you may submit or post on the Platform.Miscellaneous ProvisionsAssignment. You may not assign your rights hereunder. We can assign our rights hereunder at any time without restriction.Entire Agreement. The Terms of Service, together with this Privacy Policy and any other legal notices or policies published by us through the Platform (the "Agreement"), constitute the entire agreement between you and Company concerning your use of the Platform. Any modification of the Agreement must be in writing, executed by a duly authorized officer of the Company. Notices. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.ARBITRATION PROVISIONSANY CONTROVERSY OR DISPUTE BETWEEN THE COMPANY AND YOU ARISING OUT OF OR RELATED TO THE TERMS OF SERVICE AND/OR YOUR USE OF THE PLATFORM THAT CANNOT BE SETTLED BY MUTUAL AGREEMENT SHALL BE EXCLUSIVELY AND FINALLY SETTLED BY ARBITRATION.ALL NOTICES AND REQUESTS FOR ARBITRATION SHALL BE MADE IN COMPLIANCE WITH THE RULES SET FORTH BY THE AMERICAN ARBITRATION ASSOCIATION (AAA). IN THE EVENT THAT ANY PARTY TO THIS AGREEMENT DESIRES TO SEEK ARBITRATION, IN ADDITION TO COMPLIANCE WITH THE RULES SET FORTH BY THE AAA, THE PARTY REQUESTING ARBITRATION SHALL GIVE WRITTEN NOTICE TO THE OTHER PARTY AT LEAST TEN (30) DAYS PRIOR TO FILING ITS REQUEST WITH THE AAA. THIS NOTICE SHALL SET FORTH THE NATURE OF THE DISPUTE, THE AMOUNT INVOLVED (IF ANY), AND THE REMEDY SOUGHT.YOU AND WE AGREE THAT ANY CLAIM SHALL BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, THEREBY WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION RELATING IN ANY WAY TO A DISPUTE.THE PARTIES UNDERSTAND THAT ARBITRATION IS FINAL AND BINDING ON THE PARTIES. THE PARTIES FURTHER UNDERSTAND THAT, BY SIGNING THIS AGREEMENT, THEY ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL. NOTWITHSTANDING THIS PROVISION, THE PARTIES AGREE THAT THE COMPANY MAY SEEK IMMEDIATE INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION OVER THE SUBJECT MATTER OR PERSONS FOR WHICH RELIEF IS SOUGHT. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR(S) MUST BE ENTERED AND CONFIRMED EXCLUSIVELY IN ANY COURT HAVING JURISDICTION.ALL AWARDS SHALL BE MADE IN CONFORMITY WITH THE AAA RULES AND THE PARTIES UNDERSTAND THAT THE ARBITRATOR(S) MAY AWARD MONETARY DAMAGES AND ARE AUTHORIZED TO GRANT PRE- AND POST-AWARD INTEREST AT COMMERCIAL RATES ON ANY MONETARY AWARD. ANY SUCH AWARDS SHALL BE SUBJECT THE LIMITATION OF LIABILITIES SET FORTH HEREIN.You consent and submit to the sole jurisdiction and venue of the state or federal courts of the state of Massachusetts.Attorneys' Fees. We shall be entitled to be reimbursed by you, our reasonable costs and expenses (including reasonable attorneys' fees) incurred in connection with the enforcement of these Terms of Service and Privacy Policy against you.Contact UsIf you have any questions regarding these Terms of Service, you may contact us at support@RIFFITNow.comWe encourage individuals covered by this Agreement to raise any concerns that they have about the way that we process their personal information by contacting us as described above. We take your questions and concerns seriously, and we will use commercially reasonable efforts to resolve them. ­­