Terms of Service
1. BINDING AGREEMENT
These terms (“Terms”) govern your use of SpotLite LLC’s (“SpotLite”) online job interview and matching service (our “Services”). Our Services consists of websites, including the websites located at www.spotlitellc.com and www.spotlitepro.com (“Web Apps”), and downloadable mobile applications (“Mobile Apps,” together with Web Apps, the “SpotLite Apps”). By using our Services you agree to these terms.
By setting up an account, by using our Services, or by clicking the “I accept” button (or its equivalent), you (or the entity or organization on behalf of which you are authorized, in which case “you” and “your” will refer to that entity or organization) agree to these Terms. If at any point for any reason you do not agree to any portion of the then-current version of these Terms, our Privacy Policy, or any other SpotLite policy, rules or codes of conduct relating to your use of our Services, your license to use our Services shall immediately terminate and you must stop using our Services.
Unless otherwise set forth in these Terms, to the extent these Terms conflict with any other SpotLite terms, policy, rules or codes of conduct, these Terms shall govern.
2. ELIGIBILITY
You may only create an account with us if you are over 18 years old and are of sufficient legal age in your jurisdiction or residence to enter into a binding contract. In any event, if you are authorized to access our Services under the supervision of your parent or guardian, who are bound by these Terms, you represent and warrant that you are at least 13 years old. Individuals under the age of 13 are not allowed to use our Services or submit personal information to us.
3. CHANGES TO TERMS & OUR SERVICES
3.1 SpotLite reserves the right, at our discretion, to change or modify these Terms at any time. Although it is your responsibility to review these Terms from time to time for any changes, SpotLite will notify you of any revisions to these Terms by posting them at this location, and may provide other notice which may include by email or in-Service notice. If you do not agree to the revised Terms, you must stop using our Services. Your continued use of our Services following any revision to these Terms signifies your assent to and acceptance of the revised Terms.
3.2 These Terms may not otherwise be amended except in a writing hand signed by you and SpotLite. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.
3.3 You agree that SpotLite retains the unfettered right to modify any aspect of our Services. You acknowledge that SpotLite has been, is, and will be constantly making changes to our Services. These changes include modifications to features, functions or abilities of any element of our Services.
3.4 All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on our Services, are subject to change (including availability) at any time without notice.
4. ACCESS TO OUR SERVICES
4.1 You may use our Services only for lawful purposes, in accordance with these Terms, and only in the manner contemplated by the functionalities of our Services.
4.2 Subject to these Terms and the payment of fees, where applicable, SpotLite grants you a non-exclusive, non-transferable license, without right of sublicense, to: (i) download and install Mobile Apps on devices within your possession and control, and (ii) access and use our Services through the SpotLite Apps.
4.3 Our Services may only be used for your own personal use or internal business purposes, as applicable. You may not use our Services on a service bureau, time sharing basis or otherwise, without the express written authorization of SpotLite.
4.4 SpotLite Apps, our Services, and their content, features, and functionality are owned by SpotLite, our licensors, or other suppliers of such material and is protected by copyright and other laws and international treaty provisions. Except for the licenses explicitly granted by these Terms, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in SpotLite Apps or our Services, ownership of which is retained by SpotLite, our licensors and our suppliers. SpotLite Apps are licensed, not sold, to you for use only under these Terms, and SpotLite reserves all rights not expressly granted to you.
4.5 SpotLite may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of our Services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to automatic Updates. If you do not want such Updates, your remedy is to terminate your account and stop using our Services.
4.6 Except as expressly authorized in these Terms or allowed by applicable law, you may not use, copy, modify, reverse engineer, disassemble, decompile, modify, or transfer SpotLite Apps or any aspect of our Services, or otherwise attempt to derive the source code of SpotLite Apps or any aspect of our Services, or authorize any third party to do any of the foregoing. Any reproduction, license, assignment or redistribution, or other commercial exploitation of SpotLite Apps or our Services is prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
4.7 You agree to maintain and reproduce all copyright, proprietary, and other notices on all copies, in any form, in the same form and manner that such copyright and other proprietary notices are included in SpotLite Apps.
4.8 You may not utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by SpotLite in connection with our Services. Without limitation of the generality of the foregoing, you may not utilize any equipment, device, software, or other means to circumvent or remove any protection measure provided or made available by SpotLite for managing, monitoring or controlling access to our Services.
5. VIOLATION OF TERMS
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, DEACTIVATE OR TERMINATE USER ACCOUNTS, PROHIBIT ACCESS TO ALL OR ANY PORTION OF OUR SERVICES, DELAY OR REMOVE USER CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING OUR SERVICES IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR ACCOUNT AS A RESULT OF ACCOUNT SUSPENSION, DEACTIVATION, OR TERMINATION, AS WELL AS ANY BENEFITS, PRIVILEGES, ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF OUR SERVICES, AND SPOTLITE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS
6. FEE-BASED SERVICES & PURCHASES
6.1 Some aspects of our Services require the payment of fees (for example, subscription fees). If you are required to pay a fee, the specific terms and conditions associated with such service will be included where those Services are offered. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee becomes payable. SpotLite may, from time to time (and upon notice of required by applicable laws), modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting on our Services.
6.2 If you have elected to access a paid aspect of our Services, upon your acceptance of these Terms and submission of your order, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees, plus any applicable taxes we are required to collect, and you authorize us to do so. All posted prices on our Services do not include any applicable sales tax, unless specifically noted that it is tax-inclusive. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. You may also be directed to a webpage that is hosted by a third party payment service and not by SpotLite (such page, the "Payment Service Page"). You will be asked to supply certain information relevant to your purchase. If you are using and providing information through a Payment Service Page, you will be subject to the terms of service and privacy policy of that payment service, rather than these Terms and SpotLite's Privacy Policy. SpotLite has no control over, and shall not be responsible for, any payment service's use of information collected through the Payment Service Page.
6.3 UNLESS OTHERWISE SPECIFIED IN ANY SUPPLEMENTAL TERMS AND CONDITIONS ASSOCIATED WITH YOUR PURCHASE, YOU ACKNOWLEDGE THAT SPOTLITE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
7. REGISTRATION, USER NAMES & PASSWORDS
7.1 In order to access some features of our Services, you may be required to register an account with us.
7.2 When creating or updating an account, you may be asked to provide us with certain personal information, which may include your e-mail address and other information that can be used to identify you. Such information, if provided to us, will be held and used in accordance with our Privacy Policy.
7.3 Notwithstanding anything herein to the contrary, you acknowledge and agree that you have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall be owned solely and exclusively by SpotLite.
7.4 You agree to (i) provide us with current, complete and accurate information as prompted by the applicable registration form, and (ii) maintain and promptly update the registration data to keep it true, complete, accurate and correct. If you provide any information that is untrue, inaccurate, not current or incomplete, SpotLite has the right to suspend or deactivate your account and refuse you from any and all current and future use of our Services (or any portion thereof).
7.5 When registering for an account, you will be asked to choose a password and username. You may not use a username that is used by someone else, is vulgar or otherwise offensive (as determined by SpotLite in its sole discretion), infringes any trademark or other rights of others, or is used in any way that violates these Terms. You are entirely responsible for maintaining the confidentiality and security of your account information (including usernames, passwords and billing information).
7.6 You are solely responsible for any and all activities, charges and fees that occur under your account. You agree to properly exit from your account at the end of each session. You agree to notify SpotLite immediately of any unauthorized use of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by SpotLite).
7.7 SpotLite will not be liable for any loss or damage that you may suffer as a result of someone else using your account, either with or without your knowledge. You will be liable for any and all losses incurred by SpotLite and/or any of its licensors due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make your account available to others. Any distribution by you of your account or related information may result in suspension or deactivation of your account without refund or compensation to you, and the imposition of additional charges to your account based on any unauthorized use.
8. USER CONTENT & UNSOLICITED SUBMISSIONS
8.1 Our Services provides storage, transmission and processing of data, including images, video, files and other data (collectively, "Content"). Although you remain the owner of your Content (except for Content that we have licensed to you), you grant us and our designees the right to use, store, transmit, disclose and process your Content to the extent necessary for us to provide our Services or to comply with legal requests and requirements.
You further represent and warrant that: (i) you own or have the necessary rights (intellectual property rights or otherwise) in and to any and all Content you store or transmit through our Services; (ii) Content you store or transmit through our Services will not be illegal, and will not consist of or contain software viruses; (iv) Content you make available to third parties, including the public, will have access to your Content; and (v) if you do not own or have the necessary rights to your Content, it may subject you to liability.
8.2 We are pleased to hear from you and welcome comments regarding our Services. Unfortunately, company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those we has specifically requested. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Unsolicited Submissions"), the Unsolicited Submissions shall be deemed, and shall remain, the property of SpotLite. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of SpotLite, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.
9. COPYRIGHT NOTICES & COMPLAINTS
SpotLite respects the intellectual property of others, and we ask our users to do the same. SpotLite may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SpotLite's Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
SpotLite's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
SpotLite Copyright Agent
1650 The Alameda
San Jose, CA 95126
Email: legal@spotlitepro.com
10. ELECTRONIC COMMUNICATIONS
When you use our Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email (if provided by you) or by posting notices through our Services. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
11. LINKS
Our Services may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites.
Your correspondence or dealings with the linked website or service providers are solely between you and such third party, and SpotLite is neither responsible nor liable for any part of such dealings. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties, you are providing it in accordance with their privacy policy (if any), and our Privacy Policy does not apply with respect to such data provided to the third parties.
12. THIRD-PARTY MERCHANTS & PROVIDERS
Our Services may enable you to order and receive products, information and services from third parties that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such third parties. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for our Services. In addition, our Services may prompt you to establish an account with a third party not owned or operated by us. Your agreement and understanding with any such third party is solely between you and such third party. We will not be a party to or in any way be responsible for your agreement with such third-party. Any disputes you may encounter with such third party shall be settled solely between you and such third party.
13. THIRD-PARTY MARKETPLACES
These Terms are between you and SpotLite only, and not with any third party marketplace such as those provided by Apple, Google or any other third party through which you may have downloaded Mobile Apps ("Marketplaces"). The Marketplaces are not responsible for Mobile Apps you download or our Services. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to Mobile Apps. Each Marketplace may have its own terms and conditions to which you must agree before downloading Mobile Apps, and you agree to comply with such Marketplaces’ terms and conditions. To the extent such other terms and conditions from such Marketplaces are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms in these Terms apply.
14. TERMS & TERMINATION
These Terms will remain in full force and effect so long as you continue to use our Services, or until terminated in accordance with these Terms. Upon termination, the licenses granted to you by SpotLite shall cease, and you may not be able to access or retrieve any Content associated with your account. If you terminate your account, you agree that we may keep your Content on our servers for a reasonable time thereafter (for example, to enable you to renew or reactivate your account, if you so desire).
In the event of expiration or termination of your account, the representations made by you in these Terms, and the obligations of each party, which by their nature would continue beyond the termination or expiration of these Terms, including without limitation the Sections entitled “Term and Termination”, “Disclaimers”, “Limitation of Liability”, “Indemnification”, “Equitable Remedies”, “Disputes”, and Sections 20 through 25 shall survive such expiration or termination.
15. DISCLAIMERS
15.1 NEITHER SPOTLITE, ITS AFFILIATES, LICENSORS AND THIRD PARTY PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "SPOTLITE PARTIES"), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, (i) THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (ii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICES; (iii) AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH OUR SERVICES; OR (iv) THAT ANY AND ALL CONTENT, INFORMATION AND DATA EXCHANGED BETWEEN YOU AND SPOTLITE, YOU AND OTHER USERS OF OUR SERVICES, OR YOU AND ANY OTHER THIRD PARTIES WILL BE SECURE.
15.2 YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SERVICES IS AT YOUR SOLE RISK. SPOTLITE WILL HAVE NO LIABILITY WHATSOEVER AS A RESULT OF LOSS OR DAMAGE TO CONTENT, OR FAILURE TO STORE OR ENCRYPT CONTENT. OUR SERVICES AND ANY CONTENT APPEARING ON OUR SERVICES, INCLUDING USER CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, SPOTLITE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR SERVICES. SPOTLITE DISCLAIMS ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
16. LIMITATION OF LIABILITY
16.1 IN NO EVENT WILL ANY OF THE SPOTLITE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY EVEN IF SPOTELITE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY SPOTELITE PURSUANT TO THESE TERMS, OR IN ANY OTHER WAY CONCERNING OUR SERVICES IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF OUR SERVICES IN THE 180 DAY PERIOD PRECEDING YOUR CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING OUR SERVICES AND TERMINATE YOUR ACCOUNT.
16.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH JURISDICTIONS, THE LIABILITY OF THE SPOTLITE PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH SPOTLITE PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS.
16.4 IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
16.5 THE SPOTLITE PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON OUR SERVICES, INCLUDING, WITHOUT LIMITATION, BY ANYONE OTHER THAN AUTHORIZED SPOTLITE EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES.
17. INDEMNIFICATION
You agree to indemnify and hold SpotLite Parties harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Services in violation of these Terms and/or any breach of your representations and warranties set forth above and/or if content you Post causes us to be liable to another.
18. EQUITABLE REMEDIES
You acknowledge that the rights granted and obligations made under these Terms to SpotLite are of a unique and irreplaceable nature, the loss of which shall irreparably harm SpotLite and which cannot be replaced by monetary damages alone. Accordingly, SpotLite shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of our Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Services or any content or other material used or displayed through our Services and agree to limit your claims to monetary damages (but only to the extent permissible under these Terms).
19. DISPUTES
19.1 You are contracting with SpotLite Inc. located at 1650 The Alameda, San Jose, CA 95126. The laws of the State of California, USA govern the interpretation of these Terms and apply to claims for breach of these Terms, regardless of conflict of laws principles. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will, only to the extent required by applicable law, be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country in which you reside. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts for Santa Clara County, California, USA, for all disputes arising out of or relating to these Terms.
19.2 Any claim or cause of action arising out of or related to use of our Services or these Terms must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.
19.3 For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief shall resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The party requesting relief shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) all aspects of the arbitration shall be conducted in the English language; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (d) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
19.4 All claims you bring against SpotLite must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, SpotLite shall be entitled to recover attorneys' fees and costs up to $2,000, provided that SpotLite has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
20. SEVERABILITY
The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or un-enforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
21. ENFORCEABILITY, ENTIRE AGREEMENT & NON-WAIVER
These Terms are deemed accepted upon any use of our Services. These Terms and any additional terms referenced herein constitute the entire agreement between you and SpotLite regarding the use of our Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.
22. ASSIGNMENT
You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent therefor. However, we may transfer or assign all or a part of our rights or responsibilities under these Terms to any person or entity without your consent.
23. FORCE MAJEURE
We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
24. TECHNICAL & CUSTOMER SUPPORT
Subject to the other provisions of these Terms, SpotLite will attempt to help you with any queries or problems that you may have with our Services, any of your purchases, and any questions about these Terms generally. To reach our customer support team, please e-mail us at support@spotlitepro.com.
25. NOTICES
We may notify you by posting(s) made within our Services, sending you an e-mail or using other ways of communicating with you based on the contact information you provide to us. Any notice to SpotLite required according to these Terms must be in writing and addressed to 1650 The Alameda, San Jose, CA 95126, unless we have provided a more specific method of notifying us.