Doublelist Terms of Use changes — 20260714_rev01

427

#### THIRD-PARTY SERVICES

428

429

We are not responsible for third parties or their content, advertisement(s), apps or sites ("Third-Party Services"). For instance, portions of the Service may be integrated into or linked to third-party sites, platforms and apps that we do not control. Similarly, we may make third-party ads and other Third-party Services, which we also may not control, available to you on or via our Service. This may include the ability to register or sign in to our Services using Facebook Connect or other third-party tools, and to post content on Third-party Services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-Party Services. If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services.

430

431

#### NOTICES, QUESTIONS AND CUSTOMER SERVICE

432

433

You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to DL at 2261 Market Street #4626, San Francisco, CA 94114; ATTN: Legal Department. If you have a question regarding the Service, you may contact [DL Customer Support through our Web Portal.](https://doublelist.com/cdn-cgi/l/email-protection) You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms.

433

You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to DL at Go Social Trade OÜ, Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, 15551; ATTN: Legal Department. If you have a question regarding the Service, you may contact [DL Customer Support through our Web Portal.](https://doublelist.com/cdn-cgi/l/email-protection) You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms.

434

435

#### ARBITRATION AND DISPUTE TERMS

436

437

**Forum Selection / Jurisdiction**

438

439

Jurisdiction and venue for any controversy, allegation, or claim arising out of, regarding, connected with, or relating to the Service, the Content, your UGC, these Terms, (collectively, "Dispute") shall be in Delaware. Each party submits to personal jurisdiction and venue in Delaware for any and all purposes.

440

441

**Pre-Arbitration Notification**

442

443

DL and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that DL need not do so in circumstances where its claims of Intellectual Property rights are concerned ("IP Disputes," with all other disputes referred to as "General Disputes"). The party alleging a General Dispute must send a letter to the other side briefly summarizing the claim and the request for relief. If DL is alleging a General Dispute, the letter must be sent, via email, to the email address listed in your DL account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section. If you are alleging a General Dispute, the letter shall be sent to 2261 Market Street #4626, San Francisco, CA 94114; Attn: Legal Department. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section. Either you or DL, however, may seek provisional remedies (such as preliminary injunctive relief, subject to the Limitation on Injunctive Relief before the expiration of this sixty (60)-day period.

443

DL and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that DL need not do so in circumstances where its claims of Intellectual Property rights are concerned ("IP Disputes," with all other disputes referred to as "General Disputes"). The party alleging a General Dispute must send a letter to the other side briefly summarizing the claim and the request for relief. If DL is alleging a General Dispute, the letter must be sent, via email, to the email address listed in your DL account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section. If you are alleging a General Dispute, the letter shall be sent to Go Social Trade OÜ, Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, 15551; Attn: Legal Department. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section. Either you or DL, however, may seek provisional remedies (such as preliminary injunctive relief, subject to the Limitation on Injunctive Relief before the expiration of this sixty (60)-day period.

444

445

**Arbitration of Claims**

446

447

Unless you give us notice of opt-out within five (5) business days of your first use of the Service, addressed to: 2261 Market Street #4626, San Francisco, CA 94114; Attn: Legal Department, all actions or proceedings arising from, in connection with, regarding, or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS www.jamsadr.com for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Delaware, before a single arbitrator in accordance with California Code of Civil Procedure §§ 1280 et seq. If the matter in dispute is between DL and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates' lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non- privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator's award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Delaware or, if sought by DL, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section. The prevailing party may enforce such decision by a petition to such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award. This Section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and DL agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement that is reduced to writing and signed by each party. Either party may seek enforcement of this Section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

447

Unless you give us notice of opt-out within five (5) business days of your first use of the Service, addressed to: Go Social Trade OÜ, Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, 15551; Attn: Legal Department, all actions or proceedings arising from, in connection with, regarding, or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS www.jamsadr.com for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Delaware, before a single arbitrator in accordance with California Code of Civil Procedure §§ 1280 et seq. If the matter in dispute is between DL and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates' lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non- privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator's award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Delaware or, if sought by DL, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section. The prevailing party may enforce such decision by a petition to such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award. This Section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and DL agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement that is reduced to writing and signed by each party. Either party may seek enforcement of this Section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

448

449

**Limitation on Injunctive Relief**

450

451

**AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY DL PARTY (DEFINED BELOW) (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY DL PARTY.**

452

453

**Governing Law**

195	195	[https://www.technologycoalition.org/developer-good-practices-combating-online-child-sexual-exploitation-and-abuse](https://www.technologycoalition.org/developer-good-practices-combating-online-child-sexual-exploitation-and-abuse)
196	196
197	197	Illegal Content Reporting, CSAM Feedback, and CSAM Reporting
198	198
199	199	We do not allow any non-consensual content or content that violates the acceptable rules and regulations defined by the credit card association, these Terms, any applicable law, or child sexual abuse material (CSAM). Any items, such as revenge porn, sexual image-based abuse, non-consensual pornography, CSAM or uploaded content without the permission of the participant(s) are strictly prohibited.
200	200
201		If you are the victim or have first-hand knowledge of such content, we encourage you to notify us immediately by emailing or calling our customer service center in order to initiate a content review process and take other necessary actions. If such content constitutes child sexual abuse material (CSAM) you must report such content to our Child Safety Point of Contact [\[email protected\]](https://doublelist.com/cdn-cgi/l/email-protection#1e7d7677727a6d7f787b6a675e7a716b7c727b72776d6a307d7173). If you wish to provide any feedback regarding child sexual abuse material (CSAM) and its moderation on our Services, please contact our Child Safety Point of Contact [\[email protected\]](https://doublelist.com/cdn-cgi/l/email-protection#117279787d7562707774656851757e64737d747d7862653f727e7c). Reporting users or content or providing feedback this way is completely confidential. When contacting us please include all relevant URL links as well as the reason and any additional context that you feel will assist us in reviewing your request to have the content removed. All content removal requests submitted are reviewed, addressed, and removed expeditiously, where appropriate.
	201	If you are the victim or have first-hand knowledge of such content, we encourage you to notify us immediately by emailing or calling our customer service center in order to initiate a content review process and take other necessary actions. If such content constitutes child sexual abuse material (CSAM) you must report such content to our Child Safety Point of Contact [\[email protected\]](https://doublelist.com/cdn-cgi/l/email-protection#45262d2c292136242320313c05212a30272920292c36316b262a28). If you wish to provide any feedback regarding child sexual abuse material (CSAM) and its moderation on our Services, please contact our Child Safety Point of Contact [\[email protected\]](https://doublelist.com/cdn-cgi/l/email-protection#6d0e050401091e0c0b0819142d0902180f010801041e19430e0200). Reporting users or content or providing feedback this way is completely confidential. When contacting us please include all relevant URL links as well as the reason and any additional context that you feel will assist us in reviewing your request to have the content removed. All content removal requests submitted are reviewed, addressed, and removed expeditiously, where appropriate.
202	202
203	203	#### REPRESENTATIONS AND WARRANTIES RELATED TO YOUR UGC
204	204
205	205	Each time you submit any UGC, you represent and warrant that:
206	206
207	207	You are at least the age of majority in the jurisdiction in which you reside;
247	247	By upgrading your account you agree that Subscription Services automatically and continuously renew at the end of each term. You will be automatically charged a monthly Membership Fee on the anniversary date of your subscription unless you cancel, either online or by email, at least 1 day prior to the start of the next term. You are responsibility for all recurring charges prior to cancellation.
248	248
249	249	#### WE MAY SUBMIT THESE PREVIOUSLY AUTHORIZED RECURRING CHARGES (E.G., MONTHLY) WITHOUT ADDITIONAL AUTHORIZATION FROM YOU UNTIL YOU HAVE TERMINATED THIS AUTHORIZATION IN ACCORDANCE WITH YOUR MEMBERSHIP PLAN OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES APPLIED BEFORE WE CAN REASONABLY ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD FOR MEMBERSHIP, LOGIN TO YOUR ACCOUNT, AND GO TO THE 'SETTINGS' PAGE.
250	250
251	251	#### Cancellation
252	252
253		You may cancel your Subscription Services at any time, either online through your membership account or by email at [\[email protected\]](https://doublelist.com/cdn-cgi/l/email-protection#6b0902070702050c2b0f041e09070e0702181f45080406). If you cancel your Subscription Services, you will have access to the Subscription Services until the end of your current term and you will not be charged for an additional term. Cancellations are effective the next term, except as otherwise expressly provided in the Terms. We do not charge a fee to cancel and we do not provide refunds for cancellations, all payments are final and all charges are nonrefundable, unless applicable law requires a refund.
	253	You may cancel your Subscription Services at any time, either online through your membership account or by email at [\[email protected\]](https://doublelist.com/cdn-cgi/l/email-protection#a4c6cdc8c8cdcac3e4c0cbd1c6c8c1c8cdd7d08ac7cbc9). If you cancel your Subscription Services, you will have access to the Subscription Services until the end of your current term and you will not be charged for an additional term. Cancellations are effective the next term, except as otherwise expressly provided in the Terms. We do not charge a fee to cancel and we do not provide refunds for cancellations, all payments are final and all charges are nonrefundable, unless applicable law requires a refund.
254	254
255	255	If you upgrade your Subscription Services from a lower tier to a higher tier during the term, the upgrade occurs immediately and any additional fees for the upgraded tier would be prorated for that term. The full fee for the higher tier will be charged at the beginning of the new term. If you downgrade your Subscription Services during the term, then the downgrade will occur at the end of the term. At the beginning of the next term, you will be charged the rate of the new Subscription Term.
256	256
257	257	#### Refund/Termination/Transfer
258	258
259	259	Any attempt to transfer, assign or otherwise sell or trade such subscription, regardless of manner or method, is null and void. Suspension or termination thereof results in the forfeit of the suspended or terminated subscription or items. WE DO NOT PROVIDE REFUNDS FOR ANY AMOUNTS PREPAID BY YOU AND YOU WILL NOT RECEIVE ANY REFUND FOR ANY UNUSED DAYS OF ANY SUBSCRIPTION TERM, UNLESS REQUIRED BY LAW. As permitted by law, we are not responsible for repairing or reissuing any credit or refund or any other sum, as a result of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason. Unless otherwise stated in the Terms or Additional Terms, all payments made to DL are final and all charges are nonrefundable unless applicable law bars the application of this provision.
369	369	A statement that the party that submitted the notice and takedown request has a good faith belief that use of the material in the manner specified in the request is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content identified herein is not authorized by the copyright owner, its agent, or the law."); and
370	370
371	371	A statement that the information in the notice and takedown request is accurate, and under penalty of perjury, that the party that the submitted the request is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) allegedly infringed by the aforementioned content.").
372	372
373	373	#### Doublelist's Designated Copyright Agent
374	374
375		DL's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Doublelist.com Attention: DMCA Agent 2261 Market Street #4626 San Francisco, CA 94114 Telephone: 415-226-9270 Email:[\[email protected\]](https://doublelist.com/cdn-cgi/l/email-protection#046069676544606b71666861686d77702a676b69)
	375	DL's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Doublelist.com Attention: DMCA Agent Go Social Trade OÜ, Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, 15551 Telephone: 415-226-9270 Email:[\[email protected\]](https://doublelist.com/cdn-cgi/l/email-protection#452128262405212a30272920292c36316b262a28)
376	376
377	377	For clarity, only notices under this Section should go to the Doublelist Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Please note that under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to legal liability.
378	378
379	379	#### Counter-Notification
380	380
381	381	If access on the Service to a work that you submitted to DL is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the contact above. Your DMCA Counter-Notification should contain the following information:
405	405	[\[email protected\]](https://doublelist.com/cdn-cgi/l/email-protection); OR
406	406
407	407	Minesh Perera, Head of Strategic Partnerships eSSENTIAL Accessibility
408	408
409	409	Tel: 514-567-1681
410	410
411		[\[email protected\]](https://doublelist.com/cdn-cgi/l/email-protection#bdd0cdd8cfd8cfdcfdd8ceced8d3c9d4dcd1dcdeded8ceced4dfd4d1d4c9c493ded2d0) [\[email protected\]](https://doublelist.com/cdn-cgi/l/email-protection#7f0f1e0d0b111a0d0c17160f0c3f1a0c0c1a110b161e131e1c1c1a0c0c161d1613160b06511c1012)
	411	[\[email protected\]](https://doublelist.com/cdn-cgi/l/email-protection#e588958097809784a5809696808b918c84898486868096968c878c898c919ccb868a88) [\[email protected\]](https://doublelist.com/cdn-cgi/l/email-protection#ccbcadbeb8a2a9bebfa4a5bcbf8ca9bfbfa9a2b8a5ada0adafafa9bfbfa5aea5a0a5b8b5e2afa3a1)
412	412
413	413	#### DOUBLELIST'S EXCLUSIVE RIGHT TO MANAGE OUR SERVICE
414	414
415	415	DL may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and DL may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party. Without limitation, we may, but do not commit to address content that comes to our attention that we believe goes against our [Website Guidelines & Code of Conduct](https://doublelist.com/guidelines/), or is otherwise violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms. You will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC submitted to the Service, unless the law of your jurisdiction grants you a substantive right that cannot be waived. You grant us the right to protect and enforce any rights you may possess in submitted UGC, including initiating actions in your name and on your behalf (at DL's cost and expense, to which you hereby consent and irrevocably appoint DL as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest). DL has no obligation to monitor, review, investigate or otherwise monitor UGC submitted by users to the Service, or between each other. If you share UGC on or via the Service, DL makes no representation or warranty regarding the handling or security of your UGC, or regarding how any third party will exploit or otherwise use your UGC. You assume every risk and disavow any duty DL could potential have regarding UGC you upload to the Service or share on the Service.
416	416
417	417	#### OUR RIGHT TO TERMINATE YOUR SERVICE: LAW ENFORCEMENT
427	427	#### THIRD-PARTY SERVICES
428	428
429	429	We are not responsible for third parties or their content, advertisement(s), apps or sites ("Third-Party Services"). For instance, portions of the Service may be integrated into or linked to third-party sites, platforms and apps that we do not control. Similarly, we may make third-party ads and other Third-party Services, which we also may not control, available to you on or via our Service. This may include the ability to register or sign in to our Services using Facebook Connect or other third-party tools, and to post content on Third-party Services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-Party Services. If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services.
430	430
431	431	#### NOTICES, QUESTIONS AND CUSTOMER SERVICE
432	432
433		You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to DL at 2261 Market Street #4626, San Francisco, CA 94114; ATTN: Legal Department. If you have a question regarding the Service, you may contact [DL Customer Support through our Web Portal.](https://doublelist.com/cdn-cgi/l/email-protection) You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms.
	433	You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to DL at Go Social Trade OÜ, Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, 15551; ATTN: Legal Department. If you have a question regarding the Service, you may contact [DL Customer Support through our Web Portal.](https://doublelist.com/cdn-cgi/l/email-protection) You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms.
434	434
435	435	#### ARBITRATION AND DISPUTE TERMS
436	436
437	437	Forum Selection / Jurisdiction
438	438
439	439	Jurisdiction and venue for any controversy, allegation, or claim arising out of, regarding, connected with, or relating to the Service, the Content, your UGC, these Terms, (collectively, "Dispute") shall be in Delaware. Each party submits to personal jurisdiction and venue in Delaware for any and all purposes.
440	440
441	441	Pre-Arbitration Notification
442	442
443		DL and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that DL need not do so in circumstances where its claims of Intellectual Property rights are concerned ("IP Disputes," with all other disputes referred to as "General Disputes"). The party alleging a General Dispute must send a letter to the other side briefly summarizing the claim and the request for relief. If DL is alleging a General Dispute, the letter must be sent, via email, to the email address listed in your DL account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section. If you are alleging a General Dispute, the letter shall be sent to 2261 Market Street #4626, San Francisco, CA 94114; Attn: Legal Department. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section. Either you or DL, however, may seek provisional remedies (such as preliminary injunctive relief, subject to the Limitation on Injunctive Relief before the expiration of this sixty (60)-day period.
	443	DL and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that DL need not do so in circumstances where its claims of Intellectual Property rights are concerned ("IP Disputes," with all other disputes referred to as "General Disputes"). The party alleging a General Dispute must send a letter to the other side briefly summarizing the claim and the request for relief. If DL is alleging a General Dispute, the letter must be sent, via email, to the email address listed in your DL account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section. If you are alleging a General Dispute, the letter shall be sent to Go Social Trade OÜ, Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, 15551; Attn: Legal Department. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section. Either you or DL, however, may seek provisional remedies (such as preliminary injunctive relief, subject to the Limitation on Injunctive Relief before the expiration of this sixty (60)-day period.
444	444
445	445	Arbitration of Claims
446	446
447		Unless you give us notice of opt-out within five (5) business days of your first use of the Service, addressed to: 2261 Market Street #4626, San Francisco, CA 94114; Attn: Legal Department, all actions or proceedings arising from, in connection with, regarding, or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS www.jamsadr.com for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Delaware, before a single arbitrator in accordance with California Code of Civil Procedure §§ 1280 et seq. If the matter in dispute is between DL and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates' lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non- privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator's award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Delaware or, if sought by DL, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section. The prevailing party may enforce such decision by a petition to such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award. This Section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and DL agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement that is reduced to writing and signed by each party. Either party may seek enforcement of this Section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
	447	Unless you give us notice of opt-out within five (5) business days of your first use of the Service, addressed to: Go Social Trade OÜ, Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, 15551; Attn: Legal Department, all actions or proceedings arising from, in connection with, regarding, or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS www.jamsadr.com for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Delaware, before a single arbitrator in accordance with California Code of Civil Procedure §§ 1280 et seq. If the matter in dispute is between DL and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates' lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non- privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator's award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Delaware or, if sought by DL, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section. The prevailing party may enforce such decision by a petition to such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award. This Section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and DL agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement that is reduced to writing and signed by each party. Either party may seek enforcement of this Section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
448	448
449	449	Limitation on Injunctive Relief
450	450
451	451	AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY DL PARTY (DEFINED BELOW) (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY DL PARTY.
452	452
453	453	Governing Law

Terms of Use

Full text changes — 20260424_rev01 to 20260714_rev01