Conditions
Terms and Conditions (the Agreement)
Last updated: February 14, 2024.
Introduction
These Terms and Conditions refer to Howtomove website and mobile properties located at www.howtomove.help and applicable country domains (including sub-domains associated with them), related software applications, data, SMS, APIs, email, chat and telephone correspondence, basically all existing and future features provided to you and/or your Howtomove account (collectively referred to herein as the “Services”).
The Services are offered to you conditioned upon your acceptance of these terms and conditions (collectively, this “Agreement”).
By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes.
If you do not accept all of these terms and conditions, you are not authorized to use the Services.
If you have a Howtomove account and wish to terminate this Agreement, you can do so at any time by closing your account and no longer accessing or using the Services
The Services are provided by the company Falicon Doo, a company registered at: Topliški put, 85310 Budva, Montenegro, under tax identification number 03450759 at the Central registry of Companies in Podgorica, Montenegro (Hereinafter “We”, “Company”).
Any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services shall be referred to as “Content”.
“Services” as defined above refers to those provided by the Company or our corporate affiliates and/or partners. For the avoidance of doubt, the website is controlled by the Company. However, some specific Services made available via the website may be owned and/or controlled by Company’s corporate affiliates or external partners.
As part of our Services, we may send you notifications about additional services available from us, our affiliates, or our partners, that may be of interest to you. Such notifications will typically be sent through newsletters and marketing communications and represent efforts to get to know you and your preferences better across our Services and those of our affiliates and partners. In turn, this enables customization of the services in line with those preferences.
The term “you” refers to the individual, company, business organization, or other legal or similar entity using the Services and/or contributing Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services shall be referred to variously as “your Content”, “Content of yours”, and/or “Content you submit.”
Please carefully review these Terms and Conditions before starting to use your Howtomove account and/or Services. By using your Howtmove account and/or Services, you automatically agree to comply with these Terms and Conditions.
If you agree to these Terms and Conditions on behalf of a company or other legal entity, you affirm that you have the authority to act on behalf of that organization and to bind that organization, its affiliates, and all users who access the Services through your Howtomove account to these Terms and Conditions. If you do not have the appropriate authority, you are not permitted to use the Services.
We may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the bottom of this Agreement, and any revisions will take effect upon posting. We will notify registered users of our Services (such registered users to be referred to as “Account Holders”) of material changes to these terms and conditions by either sending a notice to the email address associated with the Account Holder’s profile or by placing a notice on our websites. Be sure to return to this page periodically to review the most current version of this Agreement.
1. Using and Users of Howtomove Services
As a condition of your use of the Services, you warrant that:
(i) all information supplied by and/or via the Services to the Company is true, accurate, current and complete,
(ii) if you are an Account Holder, you will safeguard your Howtomove account information and will supervise and be completely responsible for any use of your Howtomove account by anyone other than you,
(iii) you are 16 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for a Howtomove account, use the Services and contribute to our website, and
(iiii) you possess the legal authority to enter into this Agreement and to use the Services, including our website in accordance with all terms and conditions herein.
The Company does not knowingly collect the information of anyone under the age of 16. In any case we retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with the Company. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement. Howtomove accounts created using "bots" or automated methods are not allowed and will be deleted.
Copying, transmission, reproduction, replication, posting or redistribution of:
(a) Content or any portion thereof, and/or
(b) the Services more generally is strictly prohibited without the prior written permission of the Company.
To request permission, please direct your request to:
Falicon DOO Budva, Montenegro
Andrei Raskovalkin, CEO
In order to access certain features of the Services, you will need to become an Account Holder by creating an account on our webiste (referred to as „Howtomove account“ or „Account“ or „account“). When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. You agree to keep your contact information up to date.
If you are creating a Howtomove account for commercial purposes and are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative.”
Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third party sites and apps. Please be aware that third party sites and apps may publicly display such shared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that the Company is in no way responsible or liable for any such third party sites or apps.
Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that the Company may place advertising and promotions on the Services alongside, near, adjacent, or otherwise in close proximity to your Content, as well as the Content of others.
2. Permitted Use of Services
You agree not to use your Account or Services for any illegal or prohibited activities. Unauthorized activities specifically include:
- Illegal access, sharing, uploading, publishing, or distributing illegal content, including but not limited to, materials related to child sexual abuse (CSAM) or CSAM-related content;
- Actions aimed at harassment, insult, humiliation, harm, defamation, intimidation, discrimination, or slander against people based on their gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability;
- Attempts to promote illegal activities or provide instructions to others to engage in illegal actions;
- Participation in spam activities, characterized by sending irrelevant or unwanted comments to articles and personal messages, usually in large volumes to other users, especially for the purposes of advertising, phishing, or distributing malware or viruses;
- Use of the Services in order to store or distribute content that violates the law and/or third-party rights;
- Disruption of the Company's networks and servers;
- Infringement or violation of the intellectual property rights of the Company or third parties;
- Exchange, sale, or transfer of ownership rights of the Account to third parties, except in cases where the Company permits the sale or exchange of such;
- Payment for subscriptions using fraudulent means, such as a stolen credit card;
- Attempts to access, probe, or connect to computing devices without proper authorization (e.g., unauthorized access or "hacking");
Additionally, the Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to the Company or licensed to the Company by third parties. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Services
Any Account found engaging in above enlisted or otherwise unauthorized actions will be immediately blocked and/or closed.
The Company may also close Accounts used for illegal activities not listed above, particularly in response to orders from competent authorities informing of such illegal activities.
The Company reserves the right to suspend or delete free Accounts that have remained inactive for twelve consecutive months.
If you wish to contest the blocking of your Account, you may file an appeal through our feedback form in the [Technical Support]section.
3. License grant and Privacy policy
Any personal information you post on or otherwise submit in connection with the Services will be used in accordance with our Privacy Policy. Click here to view our Privacy Policy.
Please be aware that by providing your Content to or through the Services, be it via email, posting via Howtomove website or any other Company’s webiste, via any other Services or otherwise, including any of your Content that is transmitted to your Howtomove account by virtue of any Services or the like contained in any of your Content, you grant the Company a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to:
(a) host, use, run, translate, distribute, publish and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised;
(b) make your Content available to the rest of the world and to let others do the same;
(c) to provide, promote, and improve the Services and to make your Content shared on the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content of yours on other media and services, subject to our Privacy Policy and this Agreement; and
(d) use the name and/or trademark that you submit in connection with such Content of yours.
You further grant the Company the right to pursue at law any person or entity that violates your or the Company’s rights in your Content by a breach of this Agreement. You acknowledge and agree that your Content is non-confidential and non-proprietary. You affirm, represent, and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use (and for the Company to publish and otherwise use) your Content as authorized under this Agreement.
If it is determined that you retain certain rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law:
(a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto, and
(b) you have no objection to the publication, use, deletion and exploitation of your Content by the Company or their licensees, successors and assigns.
The Services may contain discussion forums, bulletin boards, review services, discussion feeds or other forums in which you may post your Content, such as reviews of articles, experiences connected to articles, messages (private and/or public), materials or other items ("Interactive Areas"). If Company provides such Interactive Areas on the website, you are solely responsible for your use of such Interactive Areas and use them at your own risk. The Company does not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area. To the extent that the Company provides any form of private communication channel between Account Holders, you agree that the Company may monitor the substance of such communications in order to help safeguard our community and the Services. You understand that the Company does not edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging. In particular, the Company does not edit or control users’ Content that appears on the websites. The Company nevertheless reserves the right to remove without notice any such messaging or other Content from the Services, where it believes in good faith that such Content breaches this Agreement or otherwise believes the removal is reasonably necessary to safeguard the rights of the Company and/or other users of the Services. Should you disagree with the removal of your Content from the websites, you may contact Company using the [Technical Support] to make your objections.
You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:
a) Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b) Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
c) Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE), the NASDAQ or the London Stock Exchange;
d) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
e) May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
f) Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
g) Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including the Company;
h) Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security/Unique citizen/Tax identification numbers and credit card numbers. Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand;
i) Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
j) Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
k) Is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
l) In the sole judgment of the Company, (a) violates the previous subsections herein, (b) restricts or inhibits any other person from using or enjoying the Interactive Areas or any other aspect of the Services, or (c) may expose Company or their users to any harm or liability of any type.
The Company takes no responsibility and assume no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor is the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, the Company is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although the Company has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, the Company reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense.
Any use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally.
4. Limited Warranties and Liability
Please read this section carefully. This section limits the Company’ liability to you for issues that may arise in connection with your use of the Services. If you do not understand the terms in this section or elsewhere in this Agreement, please consult a lawyer for clarification before accessing or using the Services.
The information, software, products, and services published on or otherwise provided via the services may include inaccuracies or errors, including reservation availability and pricing errors.
The Company does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to the information displayed on the Services (including, without limitation, the pricing, availability, list of legal requirements, experience, etc.).
The Company does not guarantee the preservation or transfer of the contents of closed Accounts. We are also not obliged to store publications, messages, or any other content for Accounts that have been blocked or closed. Furthermore, you cannot hold the Company responsible or demand compensation for damages if confidential material is accidentally disclosed due to a security failure or vulnerability when using the Services. Considering the encryption used in the Services, you acknowledge that the Company is unable to and is not obliged to recover your data if you lose your password.
Company makes no representations of any kind about the suitability and convenience of the services published on our Services, including the information contained on Howtomove website or any portion thereof, for any purpose, and the inclusion or offering of any service offerings on Howtmove website or otherwise through the Services does not constitute any endorsement or recommendation of such product or service offerings by the Company. All such information, products, and service offerings made available by or through the Services are provided "as is" without warranty of any kind. The Company disclaims all warranties, conditions, or other terms of any kind that the Services, its servers or any data (including email) sent from the Company, are free of viruses or other harmful components. To the maximum extent permitted under applicable law, the Company hereby disclaims all warranties and conditions with regard to this information, software, products, and the services.
The Company also expressly disclaims any warranty, representation, or other term of any kind as to the accuracy or proprietary character of the content available by and through the Services.
The third party suppliers providing services on or through the Services are independent contractors and not agents or employees of the Company. The Company is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The Company has no liability and will make no refund in the event of any additional expense, omissions, or other detrimental acts of any government or authority.
Subject to the foregoing, you use the Services at your own risk and in no event shall the Company (or its officers, directors and/or employees) be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages (including attorneys' fees) arising from or connected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of the Services or with the delay or inability to access, display or use the Services (including, but not limited to, your reliance upon accuracy of information appearing on or through the Services; any viruses, bugs, trojan horses, information, software, linked sites, products, and services obtained through the Services; personal injury or property damage, of any nature whatsoever, resulting from your and/or third party use of the Services’ servers and/or any and all personal information and/or financial information stored therein; any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content; or otherwise arising out of the access to, display of or use of the Services, whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Company or its partners have been advised of the possibility of such damages.
Without limiting the foregoing and to the extent permitted by law, both parties, including the Company, bear full liability for all causes arising from or related to the use or inability to use your Account or Services and this Agreement. This liability shall not exceed 100 euros or the amount you paid us, if any, for the use of paid services for your Account or Services, whichever is greater. This liability, if applicable, is full and exclusive.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Company.
These terms and conditions and foregoing liablity disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law.
If you are a resident of California, you waive the right granted by California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, which if known by them must have materially affected their settlement with the debtor or released party.
4. Indemnification
You agree that the Company and all its affiliated entities, including parent and subsidiary companies, officers, directors, employees, agents, and third-party contractors (hereinafter referred to as "Indemnified Parties"), shall not be liable to third parties for any claims, demands, or damages, including reasonable attorney fees, arising from your use of the Platform, Account, or Services. You also agree that the Indemnified Parties are not responsible for such claims, demands, or damages from third parties, and agree to indemnify for any losses, damages, judgments, compensations, expenses, and attorney fees and court costs related to these claims. Furthermore, you commit to indemnifying and defending the Indemnified Parties from any claims, demands, or damages brought by third parties arising from your use of the Platform, Account, or Services.
5. Links to third party sites
The Services may contain hyperlinks to websites operated by parties other than the Company. Such hyperlinks are provided for your reference only. The Company does not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other website) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The Company’ inclusion of hyperlinks to such websites does not imply any endorsement of the material on such third party websites or apps or any association with their operators.
If you do choose to link your Howtomove Account to a third party site or app, the third party site or app will be able to access the information you have stored on your Howtomove Account, including information regarding other users with whom you share information. You should read the terms and conditions and privacy policy of the third party sites and apps that you visit as they have rules and permissions about how they use your information that may differ from the Services, including our websites. We encourage you to review these third party sites and apps and to use them at your own risk.
6. Intellectual Property
Howtomove is a registered trademark. Nothing in these Terms and Conditions should be construed to grant, indirectly or by any other means, any license or right to use the howtomove trademark without our prior written permission in each specific case. All positive reputation acquired as a result of using the howtomove trademark shall belong exclusively to the Company. In addition, the look and feel of the Services, including our website, as well as all page headers, custom graphics, button icons and scripts related to same, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners.
7. Modification of Terms and Conditions; Termination
In accordance with applicable law, the Company reserves the right to review and change these Terms and Conditions at any time. You need to regularly review these Termsand Conditions while you use the Howtomove website, your Account, or Services. Continued use of the howtomove website, your Account, or Services, including maintaining your Account after such changes, signifies your agreement with them. The latest version of the Terms and Conditions will apply to any disputes or issues that arose after the Terms and Conditions were updated.
The Company may terminate this Agreement with you at any time, without advanced notice, where it believes in good faith that you have breached this Agreement or otherwise believes that termination is reasonably necessary to safeguard the rights of the Company and/or others users of the Services. That means that we may stop providing you with Services.
8. Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court or other competent tribunal, such provisions, provided they do not significantly affect the overall purpose and essence of these Terms and Conditions or unless otherwise provided herein, will be limited or excluded to the minimum necessary extent and replaced with a valid provision that best reflects the essence of these Terms, to ensure the full force and effect of these Terms.
9. Applicable Law and Language
This section sets out various rules that depend on your role as a user of the Howtomove website and/or the Services – whether you are a legal entity or an individual – as well as your place of residence. Please refer to the relevant section that matches your situation.
If you are a legal entity (regardless of your location) or an individual residing outside the United States of America, you agree that these Terms and Conditions are fully subject to and governed by the laws of Montenegro to the maximum extent permitted by law. Any disputes, actions, claims, or disagreements arising from or related to these Terms and Conditions, your Account, the Services, your use (or inability to use), access (or lack of access) to the Howtomove website, your Account, or the Services, as well as any advertising, promotion, or other communications between you and the Company, based on contract, warranty, infringement, law, decree, or any other legal or equitable basis, fall under the jurisdiction of the competent courts of Montenegro. Section 9.1 below in this case does not apply. By using Howtomove website, your Account, or Services, you unconditionally agree that the courts of Montenegro have exclusive jurisdiction to resolve any disputes or claims (including contractual disputes or claims) arising from these Terms and Conditions or related to them in any way, within the limits permitted by law.
If you are an individual user residing in the United States of America, you agree to the jurisdiction of the courts of Montenegro to resolve any disputes or claims (including contractual disputes or claims) that may arise from these Terms and Conditions or are related to them in any way. You also agree that any such claim filed in Montenegro will be subject to the laws of Montenegro.
However, if a dispute, action, or claim arises based on these Terms and Conditions or related to them in any way, and is subject to jurisdiction in the United States, such dispute or claim will be governed by the laws of the state of your residence. Nonetheless, the arbitration procedures provided in these Terms are governed by the Federal Arbitration Act and the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as detailed in Section 9.1. A printed version of these Terms and Conditions and any corresponding notices presented in electronic form will be admissible in judicial or administrative proceedings based on or relating to these Terms and Conditions, equal to other documents and records originally generated and maintained in printed form.
9.1. Mandatory Arbitration Agreement and Waiver of Class Action
Our Terms and Conditions include a waiver of the right to participate in class actions and provide for arbitration, which requires you to handle any claims (with some exceptions) on an individual basis. Individual arbitration means that you waive your right to have your claims heard by a judge or jury, and you cannot participate in court proceedings as a group, consolidated, or representative action. You are provided with the option to opt out of arbitration and/or waive participation in class actions, as detailed further. Please read this section and the section on waiver of class actions carefully, as it may significantly affect your rights, including your right to a court trial and having your claims heard by a jury. This section contains procedures related to mandatory arbitration and waiver of class actions.
Policy of Informal Dispute Resolution
Before proceeding to arbitration or court, any party involved in a dispute must attempt amicable resolution. This includes sending a written notice to the other party, detailing the dispute (with necessary documentation attached) and allowing a 30-day period for a response. Both you and the Company agree that this informal dispute resolution process must be completed before proceeding to arbitration or court against the other party.
Mandatory Arbitration Agreement
Scope of the Arbitration Agreement. Considering the high costs of legal disputes, which include not only financial expenses but also significant time and energy resources, both you and the Company agree that any disputes, claims, actions, complaints, or disagreements arising from these Terms or related to them, the use of Howtomove website, your Account, the Services, your use (or non-use) of, or access (or lack thereof) to your Account or the Services, as well as any advertising, marketing activity, or other communications between you and the Company, whether based on contract, warranty, infringement, law, decree, regulation, or any other legal or equitable basis, must be finally and bindingly resolved through individual arbitration. The parties explicitly waive the right to appeal any arbitration decision or attempt to confirm it within the limits allowed by applicable law. The term "dispute" will be interpreted as broadly as the law allows. All parties entitled to compensation are beneficiaries of this mandatory arbitration agreement and waiver of class actions.
This arbitration dispute resolution agreement applies to important issues related to the arbitration process itself. The arbitrator, not federal, state, or municipal courts, or any agency, has exclusive authority to resolve any disputes related to the conclusion, existence, scope, validity, interpretation, applicability, or execution of this agreement. This includes the arbitrator's right to resolve all disputes related to the arbitration agreement or any part of it, as well as issues regarding the validity or applicability of the entire arbitration agreement or our Terms and Conditions as a whole. If there are doubts whether the above provision (or any part of it, including the arbitration provisions) is valid or applicable to a dispute, the arbitrator will decide. However, the parties agree that issues concerning the validity of the waiver of class action, as mentioned below, are subject to review in court, and the arbitrator does not have the right to decide on the validity of the waiver of class action. Both you and the Company acknowledge and agree that we waive the right to file a lawsuit or seek protection in court to protect our rights, except as noted below.
Exceptions. Notwithstanding the rest of this mandatory arbitration agreement, you and the Company agree that the following types of disputes will be resolved in court, except when both you and the Company agree to submit the dispute for resolution in arbitration under this mandatory arbitration agreement: (1) disputes or claims that fall under the jurisdiction of the small claims court, provided they are presented and supported as individual disputes and not as group, representative, or consolidated claims or proceedings; (2) disputes or claims where the only form of required protection is a judicial injunction (including a public judicial injunction); or (3) disputes in the area of intellectual property.
For clarity, the waiver of the right to file or otherwise participate in class, representative, or consolidated claims or proceedings, as described in the section on waiver of class action below, does not deprive you of the opportunity to seek a public judicial injunction individually, within the limits permitted by law.
You and the Company also agree that in the event of disputes or claims requiring both a judicial restriction (including a public judicial restriction) and non-judicial measures, the dispute or claim regarding the non-judicial restriction will first be submitted to arbitration for resolution under this section. The arbitrator will not have the right to impose a judicial restriction (unless the parties agree otherwise). After the arbitration of the dispute or claim regarding the non-judicial restriction is completed, you or the Company may apply to the court for a judicial restriction (including a public judicial restriction) within the limits permitted by law.
Any legal proceedings related to the aforementioned types of disputes (except for cases falling under the jurisdiction of the small claims court) can only be initiated in federal court or state court located in the county (or counties) and state where you reside. You and the Company also agree to submit to the jurisdiction of these courts to resolve such disputes, whether they are resolved in court or through the arbitration process. The provision on the waiver of class action described below applies.
The arbitration procedure is as follows: either party has the right to initiate dispute resolution through final and binding arbitration in English. This arbitration will be conducted by the American Arbitration Association (AAA) in accordance with its current rules at the time of the proceedings (these rules are considered incorporated into this section by reference, and this is effective from the moment these Terms and Conditions come into force). Both parties expressly waive any rights to appeal the arbitrator's decisions or attempt to obtain judicial confirmation of the arbitrator's decision, except in cases where this is permitted by applicable law.
This arbitration dispute resolution agreement covers important aspects related to the arbitration process itself. An arbitrator, rather than a federal, state, or municipal court or any agency, has exclusive authority to resolve any disputes related to the formation, existence, scope, validity, interpretation, applicability, or execution of this agreement. This includes the arbitrator's right to resolve all disputes related to the arbitration agreement or any part thereof, as well as questions about the validity or applicability of the entire arbitration agreement or our Terms and Conditions in general. If there is any doubt about whether the aforementioned provision (or any part of it, including the arbitration provisions) is valid or applicable to a dispute, the arbitrator will decide. Nevertheless, the parties agree that issues concerning the validity of the waiver of class action, as discussed below, are subject to court review, and the arbitrator does not have the authority to decide on the validity of the waiver of class action. Both you and the Company acknowledge and agree that we waive the right to file a lawsuit or seek protection in court to defend our rights, except as specified below.
If the limitation on the waiver of class action is deemed invalid, limited, or unenforceable, and if the parties have not agreed otherwise, the arbitration dispute resolution agreement will be considered invalid in relation to such proceedings, as long as the proceedings are allowed to continue in the form of a class action. If a court determines that the limitations set forth in this section are unenforceable or invalid, any purported class action, private attorney general action, or consolidated or representative action must be filed in a court of competent jurisdiction, not in arbitration.
Regarding the opt-out and applicable law, you have the right to opt-out of the arbitration provisions, including the provisions on class actions, as described in these Terms and Conditions, by sending a written notification of your decision to opt-out to the following address:
Falicon Doo
Topliški put bb
85310, Budva, Montenegro
The opt-out notice must be sent to the above address within 30 calendar days of your first agreement with these Terms and Conditions. If you do not submit such an opt-out within the 30-day period, the arbitration agreement will become fully effective and binding from the moment of your first agreement with these Terms and Conditions. If you choose to opt out only of certain aspects of the arbitration provisions, but not the provisions on the waiver of class action, the provisions on the waiver of class action will still apply. It's important to note that you cannot choose to opt out only of the waiver of class action without opting out of the other aspects of the arbitration provisions.
This mandatory arbitration agreement and waiver of class action are governed and interpreted in accordance with federal laws on federal arbitration and other relevant federal laws. In cases where state law may apply to any aspect of this mandatory arbitration agreement and waiver of class action or to disputes and claims covered by this arbitration agreement and/or waiver of class action, the laws of the state in which you reside apply. We will notify you of any significant changes to this mandatory arbitration agreement and/or waiver of class action (which may be made by updating these Terms and Conditions, if permitted by law, according to the "Modification of Terms and Conditions" section), and in such a case, you will have the opportunity to opt out of the arbitration provisions and/or waiver of class action within 30 days after such changes, according to the terms specified above. Except for the cases described above regarding the waiver of class action, if any part of these arbitration provisions is found to be invalid or unenforceable, it will not affect the validity of the remaining parts of these arbitration provisions. Only the arbitrator has the authority to make decisions regarding the scope, validity, or enforceability of this mandatory arbitration agreement, including whether any dispute falls under its action, as specified above. However, the parties agree that issues concerning the validity of the waiver of class action should be resolved in court, according to the provisions outlined above, and the arbitrator does not have the authority to consider the validity of the waiver.
10. Miscellaneous
These Terms and Conditions do not limit your legal rights as a consumer, and they do not affect those rights if they are applicable.
The inability of our side to ensure the enforcement of any provision of these Terms and Conditions does not imply a waiver of that or any other provision.
We reserve the right to transfer these Terms and Conditions in whole or in part to a third party. Furthermore, we have the right to delegate our rights and obligations, as well as use subcontractors or agents to fulfill our obligations under these Terms and Conditions.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and the Company and/or its corporate affiliates and/or partners as a result of this Agreement or use of the Services.
Our performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and the Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You are prohibited from transferring any of your rights or obligations under this Agreement to anyone else without our consent.
The terms and conditions of this Agreement are available in English. If the Company decides to publish official or unofficial translation of these Term and Conditions into another language, in case of any discrepancies between the English version and the translated version – the English version shall prevail.
These Terms and Conditions represent the entire agreement between you and the Company regarding the use of your Account or Service and supersede all previous or simultaneous communications and proposals, whether electronic, oral, or written, between you and our Company regarding your Account or Service.
Any rights not expressly granted herein are reserved.
For answers to your questions you can write to us at:
Falicon Doo
Topliški put bb
85310, Budva, Montenegro
The Company does not accept legal notices or service of legal process by any means other than hard copy post delivered to the address immediately above. For the avoidance of doubt and without limitation, we therefore do not accept notices or legal service deposited upon any of our affiliates, partners or subsidiaries.