RevoLaze Terms & Conditions

Last Updated : 16th-August-2018

Acceptance of the Site Terms

Please read the following Site Terms & Conditions carefully. Your use of this site at www.revolaze.com, and all sites provided by or on behalf of RevoLaze, LLC ('RevoLaze'), including but not limited to www.revolaze.com and www.LightLaze.com, (collectively, the 'Sites'), are governed by these Site Terms & Conditions and any amendments thereto that RevoLaze may publish from time to time (the 'Site Terms'). The Site Terms set forth the terms and conditions that apply to your use of the Sites and materials offered thereon (together with any successor web site(s), collectively, the 'Service') which are offered to you by RevoLaze. You also represent and warrant that you are legally authorized to use the Sites. If you do not agree to the Site Terms, please do not use the Sites. BY USING THE SITES, YOU AGREE TO THE TERMS OF THE SITE TERMS JUST AS IF YOU HAD SIGNED AN AGREEMENT, WHICH THE SITE TERMS ARE. IF YOU DO NOT AGREE TO BE BOUND BY THE SITE TERMS, PLEASE DO NOT USE THE SERVICE. USE OF THE SERVICE SIGNIFIES YOUR CONSENT TO THE SITE TERMS AND THE PRIVACY POLICY. Please review RevoLaze’s Privacy Policy. RevoLaze reserves the right to change the Site Terms from time to time. We encourage you to bookmark this page and to periodically review it to ensure familiarity with the most current version of the Site Terms. You can determine when the Site Terms were last revised by referring to the 'LAST UPDATED' legend at the top of this Site Terms. When using the Service, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Service, which are hereby incorporated by reference into the Site Terms. The Site Terms are effective immediately upon your use of the Service. RevoLaze grants you permission to use the Service subject to the restrictions in these Site Terms. Your use of the Sites is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. REVOLAZE BUSINESS: RevoLaze LLC is a US based technology firm dedicated to the creation and implementation of our patented laser scribing processes. Our processes help several industries, including the textile, automotive and building products industries, realize significant cost reductions, throughout enhancement and design flexibility. RevoLaze’s products and services include, among others, LightLaze™, available at www.lightlaze.com. RevoLaze provides the Site for your perusal of its’ technology and related information. The Sites also provides you with the option to submit or transmit, to, through, or in connection with the Sites, text, images, photos, graphics files and all other forms of data or communication in connection with the Service, including various social media platforms ('Your Content'). RESTRICTIONS ON USE. General: The Service is a computer online service. It is accessible to you through a personal computer, tablet, smart phone or other access device at the Sites domains (including but not limited to www.revolaze.com and www.lightlaze.com) using a communications connection (e.g., internet service provider or modem and telephone line). As part of the Service, you may be provided with services that may include, without limitation, application forms, software applications, data, reports, scores, images, graphics files, and any applicable user manuals and any other services provided from time to time by RevoLaze to you, and computer services that RevoLaze may decide to offer, subject to the terms hereof. RevoLaze may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating your right to use all or part of the Service, at any time in RevoLaze’s sole discretion and without prior notice or liability to you. You are responsible for all charges (e.g., telephone, internet service provider or airtime) associated with connecting to the Service. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment, or other access device, necessary to access the Service. The Service is owned and operated by RevoLaze, LLC and contains material that is derived in whole or in part from material supplied and owned by RevoLaze, LLC and/or its suppliers and licensors. Such material is protected by copyright, trademark, patent, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way all or any part of the Service or any material from the Service. You may, however, subject to your compliance with this Site Terms, and solely for as long as you are permitted by RevoLaze to access and use the Service, download certain material from the Service provided you do not remove, alter, interfere with, or circumvent any copyright, trademark, patent, or other proprietary notices, or any digital rights management mechanism, device or other content protection or access control measure associate with the Sites, and use the material in accordance with all restrictions applicable to your use of the Sites in general. By choosing to access the Sites via the internet, you hereby consent to receive by electronic means the Site Terms and any and all disclosures, communications and/or notices required to be given by applicable law or regulation. You also consent to allow RevoLaze to respond to any inquiries by e-mail regardless of the format of the original inquiry. RULES AND GUIDELINES: You may be required to provide certain information about yourself in order to utilize certain content available on the Sites. You agree to provide true, accurate and complete information about yourself, and to update this information should it change. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if RevoLaze suspects that your information is untrue or inaccurate, not current, or incomplete RevoLaze may, in its sole discretion, suspend or terminate your current or future access to the Service. Any personally identifiable information supplied hereunder will be subject to the terms of RevoLaze’s Privacy Policy. RevoLaze reserves the right to change the nature of this relationship at any time. Should you select a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and will be fully responsible for all activities that occur under your password or account. You agree that you will immediately notify RevoLaze of any unauthorized use of your password or account, or any other breach of security, and that you will log off the Service at the end of each session to prevent fraud on your account by third parties. RevoLaze may place a cookie (a small text file) on any computer or device from which you access the Service. Please see RevoLaze’s Privacy Policy for information about cookies. When you revisit the Service, this cookie may enable us to recognize you and provide you with direct access to information without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Service. If you find that you are a victim of identity theft and it involves a RevoLaze account, you should notify customer service at info@revolaze.com or info@lightlaze.com. You should report this instance to all your credit card issuers, as well as your local law enforcement agency. RevoLaze reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. All customer support for the Service will be conducted solely online and/or via email at info@revolaze.com or info@lightlaze.com. Your access to or use of the Service may require your use of a media player or other application that is not provided by RevoLaze. Your use of such media player or other application will be governed by the license agreement accompanying the same, and you agree to comply with all of the terms and conditions of such license agreement. Please note that RevoLaze is not responsible or liable for your use of such third party applications. If the Service provides links or pointers to other websites, you should not infer or assume that RevoLaze operates, controls, or is otherwise connected with these websites. When you click on a link within the Service, we will not warn you that you have left www.revolaze.com or www.lightlaze.comand are subject to the terms and conditions (including privacy policies) of the destination website. In some cases, it may be less obvious than others that you have left www.revolaze.com or www.lightlaze.com and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on this Site Terms for another website. RevoLaze is not responsible for the content or practices of any website other than the Service, even if it links to the Service and even if the website is operated by a company affiliated or otherwise connected with RevoLaze. By using the Service, you acknowledge and agree that RevoLaze is not responsible or liable to you for any content or other materials hosted and served from any website other than the Service. RevoLaze takes no responsibility for advertisements or any third party material posted on the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers and others found while using the Service are between you and the advertiser/other, and you agree that RevoLaze is not liable for any loss or claim that you may have against an advertiser/other. You authorize us to use information you provide to us for the purpose of providing the Service. RevoLaze may use such information to display, distribute, and create new material incorporating such information. By submitting information, you represent that you are the owner of the information and are entitled to disclose it to RevoLaze for use for this purpose, without any obligation by RevoLaze to pay any fees or other limitations and without any particular time limit. CONFIDENTIALITY OF YOUR GRAPHIC FILES. Uploading Content on the Site. In the event that you upload graphics files, whether multi-layer or single layer, to be used for lazing an image onto a textile ('Graphics Files'), all uploaded Graphics Files remain your property and will not be recreated by RevoLaze without consent or permission. Typical Graphics Files include PNG, JPEG and GIF formats, although proprietary formats are available. RevoLaze will have no liability whatsoever if it is not able to utilize any Graphics Files you upload. You authorize RevoLaze to use all uploaded Graphics Files in performance of the Services. RevoLaze will utilize reasonable measures to maintain your Graphics Files confidential but will not be responsible for any unauthorized distribution of your Graphics Files in the event RevoLaze is the subject of an intrusion of its computer network, its security systems are violated, or your Graphics Files are misappropriated by a third party in violation of RevoLaze’s Terms and Conditions or its internal operating procedures. Downloading Content on the Site. In the event that you download material from the Site, including but without limitation, graphic files that were created by RevoLaze from your Graphics Files ('Transformed Files'), all downloaded material, with the exception of Graphics Files and Transformed Files, is the property of RevoLaze and cannot be used or recreated by you without prior written consent or permission of RevoLaze. Graphics Files you provide that were used to create Transformed Files will remain your property. RevoLaze assumes no liability if the Transformed Files you download are not suitable for use after you download the Transformed Files. RevoLaze assumes no liability that the Transformed Files will be correct, error free, or without any flaw or defect. RevoLaze will have no liability if the Transformed Files fail to increase the processing speed of any laser, fail to create the image you desire or do not allow elimination of potassium permanganate spray. You assume all responsibility for use of the Transformed Files. COPYRIGHTS. The pages or documents on the Sites, or portions thereof, including but not limited to all text, graphics, software, and other files, as well as their selection and arrangement, (collectively, the 'RevoLaze Content') are the property of RevoLaze. All such content is presented as a service to clients of RevoLaze and may not be copied, distributed, republished, framed, licensed, sublicensed, downloaded, displayed, posted, sold, resold, or transmitted, in any form or by any means, in whole or in part, without RevoLaze’s prior written permission, except that such content may be viewed, downloaded, printed and distributed for your personal use or subject to the following conditions: 1. The RevoLaze Content may only be used for noncommercial purposes. 2. Any copy of the RevoLaze Content or portion thereof must include the following copyright notice: 'Copyright 2018, RevoLaze LLC. All rights reserved' and must retain all other proprietary notices; and 3. The Transformed Files may be used by you without restriction, subject to the limitations on liability contained in the Site Terms. Any other use of the RevoLaze Content from the Sites without prior written authorization of RevoLaze is prohibited. Any breach of the conditions herein will automatically terminate your permission to use the Sites and their content. TRADEMARKS. RevoLaze’s trademarks and service marks include, but are not limited to, the following: REVOLAZE®, LIGHTLAZE™. The trademarks and service marks may not be used or imitated, in or whole or in part, without RevoLaze’s prior written authorization. In addition, all page headers, custom graphics, button icons and scripts are the trademarks, service marks, or trade dress of RevoLaze, and may not be used or imitated without prior written authorization of RevoLaze. PATENTS. RevoLaze owns or controls patents in but not limited to the following countries: United States, Mexico, Canada, and China. Use of the Service shall not be considered a license to any of RevoLaze patents. Your use of Transformed Files does not grant any right or license under any RevoLaze patent. Any license under or to any RevoLaze patent in any jurisdiction must be based upon a written license agreement between you and RevoLaze. Contact RevoLaze at info@revolaze.com if you would like to negotiate to obtain a license under any RevoLaze patent or to learn more about the RevoLaze license program. AGREEMENT REGARDING PROPERTY RIGHTS. You agree that you will not infringe upon any copyright, trademark, patent, or other proprietary right of RevoLaze or its partners or affiliates, that you will not copy the Sites in whole or in part except as expressly authorized herein, and that you will not decompile, reverse engineer, disassemble, or create derivative works of any work or software or other products or processes accessed through or on the Sites. You further agree not to access or provide access to the Sites by means other than the interface provided by RevoLaze for use in accessing the Sites, and not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Sites. You agree to immediately cease and desist any and all uses of RevoLaze trademarks, content or other proprietary material upon request by RevoLaze. Disclaimer Regarding Content, Product, and Service Information. All content on the Sites, including without limitation, all data, information, terminology and forms, is believed to be accurate. You, however, should independently evaluate the accuracy of the content and the suitability of any content, product, or service for your particular application and needs. Content and product specifications are subject to change without notice. In addition, RevoLaze reserves the right to make changes - without notification to users of the Sites and clients - that do not affect compliance with any applicable specification. RevoLaze does not guarantee that products or services listed on the Sites will be available at the time of your inquiry. RevoLaze is under no obligation to enforce the Site Terms on your behalf against another user. While RevoLaze encourages you to let us know if you believe another user has violated the Site Terms, we reserve the right to investigate and take appropriate action at our sole discretion. If you believe that any content on the Service (including, without limitation, postings) violates any of the terms of this Site Terms, please send us a message to info@revolaze.com or info@lightlaze.com about it. We will not respond to your message and reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. Links and Third Party Content. The Sites may from time to time contain links to other websites. These links do not constitute an endorsement, sponsorship or recommendation by RevoLaze - nor a responsibility for - the linked website or any content, services or products available on or through the linked website. The Sites also may contain material or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that RevoLaze shall have no liability to you for any such third party material or information or for any goods, services, resources or content available through any third party or third party website, or for any harm related thereto. User Conduct. You agree not to, and will not assist, encourage, or enable others to: disrupt or interfere with the security of, or otherwise cause harm to, the Sites, or any services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Sites or affiliated or linked sites; disrupt or interfere with any other user's enjoyment of the Sites or affiliated or linked sites; upload, post, or otherwise transmit through the Sites any viruses or other harmful, disruptive or destructive files; promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except as expressly permitted by RevoLaze; send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or any third party website; use or attempt to use another's account, information, password, or system without authorization from RevoLaze; create or use a false identity; transmit through the Sites any message, data, information, text or other content that is unlawful, inaccurate, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, sexually or adult oriented, inflammatory, promotes hate or racism, or is otherwise objectionable; transmit through the Sites any message, data, information, text or other content that would constitute or encourage a criminal offense, violate any intellectual property or other proprietary right of any party, or otherwise create liability or violate any local, state, national or international law or regulation; and violate any applicable law. Disclaimer of Warranties. THE SITE AND THE SERVICES, CONTENT AND TRANSFORMED FILES AVAILABLE THROUGH IT ARE PROVIDED ON AN 'AS IS' AND AS 'AVAILABLE' BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REVOLAZE, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. REVOLAZE DOES NOT MAKE ANY WARRANTY THAT THE SITES OR THEIR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITES OR THEIR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES REVOLAZE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES OR THEIR CONTENT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITES OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REVOLAZE OR VIA THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU ACKNOWLEDGE THAT REVOLAZE DOES NOT CONTROL ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITES. REVOLAZE ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT, PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY SUCH THIRD PARTIES THROUGH THE SITES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Limitations of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL REVOLAZE OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS,DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITES OR ANY CONTENT CONTAINED ON THE SITES, OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF YOUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. Indemnification. You agree to defend, indemnify, and hold harmless RevoLaze, its subsidiaries, affiliates, officers, partners, directors, employees, agents, and suppliers from and against any claim, demand, action, or damage, including reasonable attorney's fees, made or incurred by any third party arising out of or related to your use of the Sites, any content you transmit via the Sites, or your violation of the Site Terms, including, but not limited to (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent, or other intellectual property right of any person or defames any person or violates any rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Site Terms; and (d) claims brought by persons or entities other than the parties to this Site Terms arising from or related to your access and use of the Service, including the information obtained through the Service. Privacy. It is RevoLaze’s policy to respect the privacy of its users. For that reason, RevoLaze provides a privacy policy which explains what information we collect and how it is used. For more information, please see our privacy policy. You agree that we may disclose personal information we collect from you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, to protect the rights, property or safety of RevoLaze or others, or as stated in our Privacy Policy. Communications with RevoLaze. Except as otherwise addressed in our Privacy Policy, you agree that any communications you may have with RevoLaze, including without limitation, questions, comments, suggestions, ideas, drawings, images, videos, reviews, commentary, original material and information, are non-confidential and shall become the sole property of RevoLaze upon transmission of such communications to RevoLaze via e-mail or other means. RevoLaze shall acquire and own without need for any other writing the exclusive rights to such communications, and shall be entitled to their unrestricted use for any purpose, commercial or otherwise, including the right to modify, change and create derivative works of such communications, without acknowledgement or compensation to you. You agree that RevoLaze may contact you by email or otherwise. Changes to These Site Terms. RevoLaze may change these Site Terms from time to time, and reserves the right to do so. We need not inform you of changes to the Site Terms. Your continued use of the Site after we have posted any such changes to the Site Terms constitutes your acceptance of any such changes. Changes to the Sites. RevoLaze may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the Sites or any services offered via the Sites, temporarily or permanently, without notice to you, and you agree that RevoLaze shall not be liable therefor. Termination. RevoLaze reserves the right to terminate your ability to use the Sites, and to block or otherwise prevent your future access to and use of the Sites, with or without notice to you, and at sole discretion of RevoLaze. You agree that RevoLaze shall not be liable for any termination of your use of or access to the Sites, or for any harm caused thereby. In the event of any termination or your use of or access to the Sites, you agree that the provisions regarding Agreement Regarding Proprietary Rights, Product Purchases, Disclaimer of Warranties, Limitations of Liability, Privacy, Indemnification, Termination, Applicable Law and General shall survive any such termination. U.S. Government Restricted Rights. The content on the Sites is provided to government users with no greater than 'Restricted Rights' as set forth in applicable laws and regulations, and use, duplication or disclosure by the government is subject to such restrictions. Use of the content on the Sites constitutes acknowledgement of RevoLaze’s proprietary rights in such content. International Users. The Sites are controlled, operated and administered by RevoLaze from its offices within the United States of America. RevoLaze makes no representation that the materials or content available through the Sites are appropriate or available for use at other locations outside the United States and access to them from territories where their content is illegal or is prohibited. You may not use the Service or export the content in violation of U.S. export laws and regulations. If you access the Sites from a location outside the United States, you are responsible for compliance with all local laws. Notice of Infringement. If, as a result of your use of the Sites, you believe that any content of the Sites or use or operation of the Sites infringes any patent, trademark, copyright or other intellectual property right that you own or control, then you agree to provide written notice to RevoLaze prior to the commencement of any legal action. Such notice shall be sent to: RevoLaze, LLC. Attention: Chief Executive Officer, 31000 Viking Parkway, Westlake, OH 44145. Applicable Law and Dispute Resolution. These Site Terms shall be governed by and construed in accordance with the laws of the State of Ohio, U.S.A. without giving effect to its conflict of laws provisions. Except as otherwise provided in the following paragraphs, you agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Cuyahoga County, Ohio, U.S.A. You agree that any claim or cause of action arising out of or related to these Site Terms or to any Site use must commence within one year after the claim or cause of action arose; otherwise such claim or cause of action is permanently barred, regardless of any statute of limitations to the contrary. All disputes arising under or relating to this Site Terms shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ('Supplementary Procedures'), as amended by the terms of the Site Terms. The Supplementary Procedures are available online at www.adr.org (click on the link labeled 'Rules,' and then click on the link labeled 'Supplementary Procedures for Consumer-Related Disputes'). To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. In the event that any in-person appearances are required by the arbitrator, such appearances shall be held in Westlake, OH U.S.A. The arbitrator's decision shall be based upon the laws of the State of Ohio, without giving effect to any principles of conflicts of law. Arbitration proceedings shall be confidential, and shall be conducted in a manner that preserves such confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final, binding and non-appealable. The award rendered by the arbitrator may be confirmed and enforced in any court having competent jurisdiction thereof, and you agree that federal and state courts in Cuyahoga County in the State of Ohio shall have such jurisdiction. The foregoing shall not preclude RevoLaze from seeking any injunctive relief in a court of law or equity for protection of its intellectual property rights (including the rights of its licensors). Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between you and RevoLaze alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in the Site Terms, and without waiving either party's right of appeal, if any portion of this 'Class Action Waiver and Other Restrictions' provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply. General. If any provision of this Site Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Site Terms, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. Any failure by RevoLaze to enforce or exercise any provision of the Site Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Site Terms are purely for convenience and carry with them no legal or contractual effect. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Site Terms are material terms of this Site Terms and that they have been taken into account in the decision by RevoLaze to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of RevoLaze that may be withheld at RevoLaze’s sole discretion. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. The Site Terms constitute the entire agreement between you and RevoLaze with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and RevoLaze with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Site Terms are used for convenience only and are not to be considered in construing or interpreting this Site Terms. You acknowledge that the provisions of this Site Terms are intended to inure to the benefit of entities affiliated with RevoLaze or licensors of RevoLaze or any of its affiliated entities as third party beneficiaries of this Site Terms or information providers of RevoLaze, its affiliated companies or its or their licensors and information providers shall be entitled to enforce such provisions against you.