Last Updated: 01/15/2024
Welcome to the asapscreens Mobile App (“the App”) or (“asapscreens App”). These Terms and Conditions (“Terms”) govern your use of the App. Please read them carefully.
1. INTRODUCTION – ACCEPTANCE OF TERMS AND CONDITIONS
These Terms and Conditions (“Agreement”) govern the use of the asapscreens mobile application (“App”), any family of companies and constitute a legally binding agreement between the user and/or collector (“User”) and asapscreens App, its affiliates, and its owners (“asapscreens App”). By accessing, installing, downloading, or using the App, the User agrees to comply with and be bound by this Agreement. If you do not agree, please do not use asapscreens App.
2. USER ELIGIBILITY
asapscreens App has implemented technical and organizational measures designed to secure your personal information from accidental destruction, loss, alteration and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are solely responsible for safeguarding your password and for restricting access to asapscreens App from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or asapscreens App or any other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with asapscreens App and provide all information requested by asapscreens App to remediate the breach. Any assistance provided by asapscreens App in relation to a security breach does not in any way operate as acceptance or acknowledgement that asapscreens App is in any way responsible or liable to you or any other party in connection with such breach.
Using asapscreens App and accessing our network may require an Asapscreens App ID, Samsung ID, Social Media Login or another login. An Asapscreens App ID is the account you use across Asapscreens App’s network. Your account information is valuable, and you are responsible for maintaining its confidentiality and security. asapscreens App is not responsible for any losses arising from the unauthorized use of your account. Asapscreens App does not represent or guarantee that the App will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrustion, and you hereby release asapscreens App from any liability relating thereto. You shall be responsible for backing up your own system securely and within HIPPAA and governmental compliance, including any documentation acquired through the App.
Please contact asapscreens App immediately if you suspect that your account has been compromised. If you are using asapscreens App on behalf of a business, you represent to us that you have authority to bind that business or entity to these Terms and Conditions, and that business accepts these Terms and Conditions. You should read all of our Terms and Conditions carefully.
You must be at least 18 years old to use the App. By using the App, you represent and warrant that you are at least 18 years old.
3. LICENSE AND ACCESS
We do not warrant that the asapscreens App will be compatible with your mobile device or carrier. Your use of asapscreens App may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the asapscreens App if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.” To use asapscreens App, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). asapscreens App performance may be affected by these factors.
asapscreens App grants you a limited, non-exclusive, revocable access to use the App. You may not modify, reproduce, distribute, or create derivative works based on asapscreens App. You may not transfer any rights granted to you under these Terms and Conditions. Users must open an account with us (a “asapscreens App account”) to use the App. During registration we will ask you for information, which may include but is not limited to, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under your asapscreens App account, including for any actions taken by persons to whom you have granted access to the asapscreens App account. asapscreens app shall use reasonable efforts to protect information submitted, by you in connection with the App, but you agree that your submission of such information is at your sole risk, and you hereby release asapscreens App from any and all liability to you for any loss or liability relating to such information in any way. We reserve the right to change the account type, suspend or terminate the asapscreens App account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
You expressly agree that your use of, or inability to use, or activity in connection with asapscreens App is at your sole risk. the services and all content delivered to you through the services are (except as expressly stated by asapscreens app) provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. You agree that unless required by applicable law, asapscreens app has no responsibility to continue making content available to you through our services, and asapscreens app will not be liable to you if content, including purchased content, becomes unavailable for download, redownload, or streaming. In no case shall asapscreens App, it’s CEO’s, it’s directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services and/or content, including, but not limited to, any errors or omissions in any content, or any injury, loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services, even if advised of their possibility. because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, asapscreens App’s liability shall be limited to the extent such limitation is permitted by law.
4. USER CONDUCT
You agree not to:Violate company policies or protocols, infringe on any intellectual property rights, use the asapscreens App for illegal or unauthorized purposes, hack into the App, transmit viruses or any harmful code, collect or store personal information without consent, record, video record, or photograph any part of the process unless expressly authorized by asapscreens App, perform or attempt to perform any actions that would interfere with the proper working of asapscreens App, prevent access to or use of the asapscreens App by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure; use the asapscreens App in a way that distracts or prevents you from obeying traffic or safety laws; use the asapscreens App for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm; use the asapscreens app for any illegal activity or goods or in any way that exposes you, other asapscreens App users, our partners, or asapscreens App harm; or otherwise use the asapscreens except as expressly allowed under these Terms and Conditions.
5. PRIVACY POLICY
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
6. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
Users of the asapscreens App agree to comply with all local, state, federal and national laws, statutes, ordinances and regulations including but not limited to 49 CFR Part 40, governing drug and alcohol testing in the workplace. Employers, Designated Employer Representatives (DERs), Third-Party Administrators (TPAs), and any other applicable parties are responsible for understanding and adhering to their duties and responsibilities under these laws.
U.S. Government End Users. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
7. USER SAFETY
Safety is priority.You should not do anything that you feel is unsafe and should report any applicable concerns to the proper authority. You should always seek the advice of an appropriately qualified healthcare professional regarding (a) the safety and advisability of any given activity, or (b) any specific medical condition or symptoms. Covid protocols should be strictly enforced if applicable.
8. INTELLECTUAL PROPERTY
You agree that the asapscreens App, including but not limited to content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement and utilitze asapscreens App, contain proprietary information and material that is owned by asapscreens App, its licensors, owners and/or providers, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with these Terms and Conditions. No portion of asapscreens App may be transferred or reproduced in any form or by any means, except as expressly permitted by these Terms and Conditions. You agree not to modify, rent, loan, sell, share, or distribute asapscreens App in any manner, and you shall not exploit the App in any manner not expressly authorized.
9. COPYRIGHT
Unless otherwise noted, services, documentation and content provided by asapscreens App are property of asapscreens App and its family of companies. asapscreens App has adopted a policy to disable and/or terminate in appropriate circumstances the accounts of users who are found repeatedly to infringe or are repeatedly claimed to infringe the copyrights of others. As part of implementing such policy, asapscreens App may in its sole discretion suspend, disable and/or terminate the accounts of users who have been identified as repeatedly engaging in infringing activities or for other related reasons. Users may not copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information from asapscreens App.
10. ACCURACY AND INFORMATION DISCLAIMER
asapscreens App is not liable for inaccuracies, functionality issues, or completeness, misinformation within asapscreens App. Users acknowledge that no party should hold asapscreens App responsible for the accuracy, proper functioning, or information provided by the app or issues arising from use of the asapscreens App. asapscreens App is provided “as is” and “as available” without warranties of any kind, either express or implied. We do not guarantee that asapscreens App will be error-free or uninterrupted and you agree that from time to time asapscreens App may remove the App for indefinite periods of time, cancel the service at any time, or otherwise limit or disable your access to the App without notice to you. asapscreens App is not responsible or liable for third party materials included within or linked from the App website.
Users will not upload or provide information or documentation or otherwise post, transmit, distribute, or disseminate through asapscreens App any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or Intellectual Property Rights; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with asapscreens App or its family of companies products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the services, or which may expose asapscreens App, its affiliates or its customers or other persons to harm or liability of any nature.
Although we have no obligation to monitor any content, we have absolute discretion to remove content at any time and for any reason without notice. asapscreens App may also monitor such content to detect and prevent fraudulent activity or violations of asapscreens App Terms and Conditions. You understand that by using the asapscreens App, you may be exposed to content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any content, including any loss or damage to any of your content.
11. Falsification and Record Accuracy
asapscreens App is not liable for any falsification of records or inaccuracies in the information provided by Users. Users are responsible for the accuracy of the information they submit through the App.
12. WAIVER OF CONFIDENTIALITY
Users acknowledge that contact information may be shared with asapscreens App for communication purposes. Users waive confidentiality expectations, and the app may not be HIPAA compliant. Users acknowledge that the asapscreens App may not be HIPAA compliant, and a waiver of confidentiality is agreed upon. Users should refrain from submitting sensitive or confidential information through the asapscreens App.
13. HOLD HARMLESS AGREEMENT
By using the asapscreens App, users agree to hold asapscreens App harmless for any issues arising from inaccuracies, functionality issues, or misuse of information within the app. asapscreens App is not liable for falsification of records or inaccuracies in the data provided. asapscreens App shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, liabilities, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by any person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms and Conditions; (b) your wrongful or improper use of asapscreens App; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country or any inaccuracy in any Tax Information provided hereunder; (e) any third-party claims made by your Buyer regarding asapscreens App processing of your customer/Buyer’s Personal Information in connection with providing you with the asapscreens App; and (f) any other party’s access and/or use of the asapscreens App with your unique name, password or other appropriate security code; and (g) any transaction, purchase, good or service in respect of which asapscreens App provides, or provided, you with payment processing services in accordance with the Terms and Conditions. In no event shall asapscreens App total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars ($250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
14. DESIGNATED EMPLOYER REPRESENTATIVE (DER) AND SERVICE AGENT RESPONSIBILITIES
Users, including Employers, Designated Employer Representatives (DERs), Third-Party Administrators (TPAs), and other applicable parties, must understand and fulfill their duties as outlined in 49 CFR Part 40. DERs, in particular, are responsible for administering the Drug and Alcohol Program, liaising with service agents, and ensuring compliance with DOT regulations. Reminder to FMCSA Owner Operators – You must utilitze a Third-Party Administrator. Please contact asapscreens App for more information.
15. DESIGNATED EMPLOYER REPRESENTATIVE (DER) & SERVICE AGENT QUALIFICATIONS
DER’s must ensure that service agents, including Collectors, Screening Test Technicians (STTs), Breath Alcohol Technicians (BATs), Laboratories, Medical Review Officers (MROs), Substance Abuse Professionals (SAPs), Consortium/Third-party Administrators (C/TPAs), Policy Consultants, and Trainers, meet all required qualifications under DOT regulations.
16. DESIGNATED EMPLOYER REPRESENTATIVE (DER) RECORD-KEEPING
DER’s must maintain comprehensive records related to the DOT Drug & Alcohol Testing Program, including written policies, regulations, previous employer checks, employee education, supervisor training, removal of covered employees, drug and alcohol testing procedures, and more.
17. PROHIBITED ACTIVITIES
Users are prohibited from video recording, voice recording, taking photographs, or sharing client information during the testing process. Dress code and conduct guidelines must be followed, and failure to comply may result in nonpayment and exclusion from future business opportunities with asapscreens App.
You agree not to: Violate company policies or protocols, infringe on any intellectual property rights, Use the App for illegal or unauthorized purposes, hack into the App, transmit viruses or any harmful code, collect or store personal information without consent, record, video record, or photograph any part of the process unless expressly authorized by asapscreens App.
18. EDUCATION AND COMMUNICATION
Users are encouraged to sign up for the Office of Drug and Alcohol Compliance (ODAPC) List Serve for updates on drug and alcohol testing regulations. Users are responsible for uploading, sending and ensuring asapscreens App has and or receives training certificates, diplomas, Quality Assurance Programs, Calibration Logs, Accuracy Logs, tax documents or any other required educational or business document.
You consent to accept and receive communications from asapscreens App, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for asapscreens App or update the contact information associated with your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using asapscreens App. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt-out of text messages from asapscreens App.
19. MODIFICATION OF TERMS
asapscreens App reserves the right to modify, suspend, revise, or discontinue the App or these Terms and Conditions at any time without notice. Users are responsible for regularly reviewing these Terms and conditions and are responsible to stay informed of any changes. Your continued use of the App after any changes constitutes acceptance of those changes.
20. PAYMENT AND TAXES
If your primary payment method cannot be charged for any reason (such as expiration or insufficient funds), you authorize asapscreens App to attempt to charge your other eligible payment methods or promise to pay via ACH, Venmo, Cash App, or check within 15 days. If we cannot charge you, you remain responsible for any uncollected amounts, and we may attempt to charge you again or request that you provide another payment method. If you pre-order a collection, you will be charged when the collection is completed (unless you cancel, however a cancellation fee may still apply). In accordance with local law, asapscreens App may automatically update your payment information regarding your payment methods if provided such information by the payment networks or your financial institutions. Terms related to store credit and gift cards/codes are available upon request. For more details about how transactions are billed, please contact asapscreens App. All Transactions are final. Collection prices may change at any time. If technical problems prevent or unreasonably delay delivery of Collection your exclusive and sole remedy is either replacement of the Collection or refund of the price paid, as determined by asapscreens App. From time to time, asapscreens App may suspend or cancel payment or refuse a refund request if we find evidence of fraud, abuse, or unlawful or other manipulative behavior that entitles asapscreens App to a corresponding counterclaim.
For purposes of these Terms and Conditions, “Tax” and “Taxes” include any and all present or future taxes, charges, fees, levies or other assessments, including, without limitation, income, telecommunications, value-added, goods and services tax or similar taxes, stamp tax or duty, gross receipts, excise, real or personal property, sales, withholding, social security, occupation, use, severance, environmental, license, net worth, payroll, employment, franchise, transfer and recording taxes, fees and charges, imposed by any domestic or foreign Taxing authority, including any penalties, interest or additions to tax (collectively, “Taxes”).
Unless otherwise expressly stated, all fees are exclusive of any Taxes. You are responsible and liable for identifying and calculating any and all Taxes required to be assessed, incurred, collected, paid or withheld for your use of asapscreens App. Unless otherwise expressly stated, You also are responsible and liable for (a) determining whether Taxes apply to your sale of products and services, payments received, bill payments make or received, and/or any other transactions arising from or out of your use of asapscreens App, and (b) registering with Tax authorities in jurisdictions where you are required to do so by applicable law, and (c) calculating, collecting, reporting, paying, and/or remitting any such applicable Taxes to the appropriate Tax and revenue authority. Asapscreens App specifically disclaims any liability for such Taxes and you agree to fully indemnify, defend, and hold asapscreens App harmless against any such Taxes and any other related expenses or costs. Notwithstanding anything in these Terms and Conditions to the contrary.
Notwithstanding the foregoing, asapscreens App may charge applicable Taxes, as required by law, which you agree to pay, unless you provide asapscreens App with timely appropriate, complete, and accurate information and documentation satisfying the legal and Tax requirements of the relevant governmental or Tax authority to establish that the otherwise applicable Tax is not required to be charged by asapscreens App. You agree to fully indemnify, defend and hold asapscreens App harmless against any Tax imposed by a Tax authority for failure to apply correct Taxes if such failure is a result of your failure to provide asapscreens App with the correct evidence to support your exemption from such Taxes, as applicable.
Asapscreens App may be obligated under applicable laws to report certain information to tax and revenue authorities (“Tax Information”) and/or you with respect to your use of asapscreens App. Upon request, you shall provide asapscreens App with the necessary information to complete any applicable Tax Information reporting and recertify such information from time to time, as may be required by applicable law, or otherwise in connection with any Tax audit or examination. If you use our asapscreens App you acknowledge that we will report to the applicable Tax and revenue authorities the required Tax Information (including the total number and amount of payments you received during the relevant reporting period). We also may, but are not obligated to, send to you the Tax Information reported.
If applicable, asapscreens App shall be entitled to deduct from any payments to you the amount of any applicable withholding Taxes with respect to amounts payable, or any other Taxes, in each case required to be withheld by asapscreens App to the extent that asapscreens App remits to the appropriate Tax authority on your behalf such Taxes. Any amounts so deducted or withheld shall be treated as having been paid for all purposes of these Terms and asapscreens App will not be obliged to increase or gross-up any payment on account of any withholding of Tax.
You acknowledge and agree that asapscreens App is not providing any Tax advice and nothing asapscreens App says or provides to you should be interpreted as such. For any Tax-related inquiries in connection with the Services or these Terms and Conditions, you should consult your own Tax or legal advisor.
21. 1099 INDEPENDENT CONTRACTOR
1. All Collectors utilizing asapscreens App are Independent Contractor’s and the Collector acknowledges and agrees that their relationship with asapscreens App is that of an independent contractor. The Collector is not considered an employee of asapscreens App at any time.
2. Compliance with 2024 Contractor Law and Fair Labor Standards Act (FLSA) – The parties recognize and agree that the relationship established under this Agreement is in compliance with the relevant 2024 contractor law and the Fair Labor Standards Act and all applicable updates. The criteria for independent contractor status, as outlined in the FLSA, include but are not limited to: a. Nature and Degree of Control: The Collector has control over the means and methods of performing the services. b. Economic Realities Test: The Collector is engaged in an independently established business or occupation, is responsible for their own business expenses, and has the opportunity for profit or loss.
3. Tax Reporting – asapscreens App will issue IRS Form 1099 to the Collector for tax reporting purposes in accordance with IRS regulations. The Collector is responsible for reporting and paying any applicable taxes related to the compensation received under this Agreement.
4. No Employment Benefits – The Collector understands and agrees that they are not entitled to any employment benefits, including but not limited to health insurance, retirement benefits, or paid time off.
5. Termination of Agreement – Either party may terminate this Agreement at any time with or without cause, and termination will not affect the independent contractor status of the Collector.
22. MEDIATION, ARBITRATION OR DISPUTES
You and Asapscreens App agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be individually arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. Any arbitration under these Terms and Conditions will only be on an individual basis; Class Arbitrations, Class Actions, Representative Actions, Mass Actions, and Consolidation with other arbitrations are not permitted. You waive any right to have your case decided by a jury and waive any right to participate in a Class Action against asapscreens App. Nothing in this agreement prevents you or Asapscreens App from settling Disputes on a class, representative, or consolidated basis. If any term of this arbitration agreement in is found unenforceable, the unenforceable term will be severed, and the remaining terms will be enforced (but in no case will there be a class action, consolidated action, mass action or representative action arbitration).
Pre-Filing Requirement to Attempt to Resolve Disputes.
Before an arbitration is commenced, you and Asapscreens App agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Terms. To provide this opportunity, before commencing any arbitration, proceeding in small claims court, or lawsuit (when permitted by this arbitration agreement), each party agrees to send to the other party a written Notice (“Notice”) and personally meet and confer to informally resolve any Dispute. Any Notice to Asapscreens App should be sent by mail to asapscreens App., Attn: Arbitration Agreement, 8 The Green STE A Dover, DE 19901. Any Notice sent to you will be mailed to the address on file for your account. The Notice must: (i) include your name, mailing address, Asapscreens App Account Name, the email address and phone number associated with your account, and; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; (iii) set forth the specific relief sought, including an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages; and (iv) be personally signed by you or Asapscreens App, as applicable. A Notice is only valid when it pertains to, and is on behalf of, an individual party. A Notice brought on behalf of multiple parties is invalid as to all. Both parties agree that they will attempt to resolve a Dispute through an informal negotiation within sixty (60) days from the date the Notice is received, and you and Asapscreens App therefore agree that, before either you or Asapscreens App demands or attempts to commence arbitration or litigation (where permitted) against the other, both parties will personally meet and confer, via telephone or videoconference, with each other in a good-faith effort to resolve informally any Dispute. These informal resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration or litigation (where permitted); multiple parties initiating claims cannot participate in the same informal resolution conference, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. Engaging in an informal resolution conference is a requirement that must be fulfilled before commencing arbitration or litigation (where permitted). Any statute of limitations shall be tolled while the parties engage in the informal resolution process required by this paragraph.
After that sixty (60) day period and not before, and after the informal resolution conference has occurred and not before, either party may elect, in a written Notice to the other party as described above, that it will pursue the matter either through small claims court or arbitration. The party receiving the notice shall then have seven (7) days to respond, including to elect for the case to be heard by a small claims court with jurisdiction. After that seven (7) day period and not before, either party may commence arbitration if not proceeding in small claims court with jurisdiction. You agree that compliance with the informal resolution process described above is a condition precedent to commencing arbitration or filing a claim in small claims court. A party’s failure to satisfy this condition precedent entitles the opposing party to seek immediate dismissal of the arbitration or litigation (where permitted) and the right to seek reimbursement for its costs. If either party elects small claims court, the Dispute will be resolved in that forum and not through arbitration. Each party agrees that state courts in the City and County of San Francisco, California, or federal court for the Northern District of California, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph. Each party also agrees that state courts in the City and County of San Francisco, California, or federal court for the Northern District of California may address whether a claim filed in small claims court or in arbitration has been previously released.
Scope of Arbitration.
If we and you are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by National Arbitration and Mediation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules and Procedures (the “NAM Rules”), and this Section. In the event NAM is unavailable to administer the arbitration, either party may invoke 9 U.S.C. § 5 to request that a court appoint the Arbitrator. Except as set forth above, and for Disputes subject to jurisdiction in small claims court, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Small Claims Court.
Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the arbitration provider but before an Arbitrator has been selected, and the claim is subject to the jurisdiction of the filing party’s local small claims court, the other party can send a written notice to the opposing party and the arbitration provider requesting that the Dispute be decided in small claims court. Upon receipt of such notice, and if all outstanding arbitration service fees have been paid, the arbitration provider shall then administratively close the case. respondent.
Arbitration Procedures.
The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. So long as it is consistent with the NAM Rules, the arbitration shall occur through the submission of documents to one Arbitrator. To the extent the Arbitrator determines that hearing is required, the arbitration shall be conducted remotely by telephone or video conference. To the extent that the Arbitrator determines that an in-person hearing is required, the arbitration hearing will take place as close to your hometown as practicable. You and Asapscreens App will have the right to file early or summary dispositive motions. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Asapscreens App values your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an Arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect with respect to disputes involving other parties.
Arbitration Fees.
In accordance with the NAM Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. You agree that you do not intend to use the Services for personal, family or household use. Accordingly, for purposes of calculating any arbitration costs and fees, you and Asapscreens App agree that you are not a “consumer,” and that the NAM Comprehensive Fees schedule will apply. The arbitrator’s hourly fees (also referred to as Arbitrator Hearing Time) shall be split evenly between the parties. For purposes of this arbitration agreement, references to you and Asapscreens App also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.
When you see the word “Dispute” in these terms, here’s what it means. “Disputes” are defined as any claim, controversy, or dispute between you and Asapscreens App, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of these Terms, and including any claim, controversy, or dispute based on any conduct of you or Asapscreens App that occurred before the effective date of these Terms, including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship. These General Terms and any Dispute will be governed by the Federal Arbitration Act, as set forth above, and by California law and/or applicable federal law, without regard to its choice of law or conflicts of law principles.
23. CONTACT INFORMATION
Users agree to the sharing of their contact information with asapscreens App for communication purposes related to the App.
For any questions about these Terms, please contact us at [email protected].
By using the asapscreens App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and the Privacy Policy. You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are located in the United States; (c) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these Terms and Conditions; (d) any information you provide in connection with the asapscreens App, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (e) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”); (f) you will not use asapscreens App directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the asapscreens App; and (g) your use of asapscreens App will be in compliance with these Terms.