Last Updated February 26, 2024
These Terms and Conditions of Use (these “Terms”) apply when you access, use or visit the The Suite website located at https://www.thesuite.co.uk/ or any other The Suite website (collectively, the “Site”), and the services provided through the Site (the Site and these services, the “Service” or the “Services”). The Service is provided to you by The Suite, LTD (referred to herein as “The Suite,” “we,” “us” and “our”). You must agree to these Terms in order to use the Service. If you do not agree to these Terms at any time, you must cease the use of the Service.
By accessing or using the Service, signing up for a membership with The Suite (“Membership”), accessing or using any content, information, services, features, or resources available or enabled via the Site, clicking on a button, or taking any other action to signify your acceptance of these Terms, or completing our account registration process, you: (1) agree to be bound by these Terms; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract with The Suite; and (3) represent that you have the authority to enter into these Terms personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Service and to bind that entity to these Terms. The term “You” refers to the individual or legal entity, as applicable, identified as the end user when you registered through the Site.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU OR THE SUITE MAY HAVE AGAINST EACH OTHER ARE RESOLVED (SEE SECTION 21), INCLUDING AN AGREEMENT AND OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH SECTION 21. UNLESS YOU OPT OUT: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS; AND (C) YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
1. Description of Services. The Suite offers a variety of services, including but not limited to, Membership, events, job boards, newsletters, and other associated services. The Suite reserves the right to modify, add, or discontinue certain services at its sole discretion.
2. Membership; Recurring Payments; Account. We evaluate potential members on a mix of experience, seniority, achievements and alignment with our values. We are committed to diversity in all its forms. If your application is approved, in The Suite’s sole discretion, you may become a Member, and the The Suite Code of Conduct and any other Membership Agreement adopted by The Suite from time to time (“Membership Agreement”), will govern your Membership along with these Terms. When submitting an application for Membership and/or registering a Membership Account (“Account”), you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Information”) and to promptly update the Registration Information thereafter as necessary to keep it current. If you are or become a Member, your Membership is for a one-year initial commitment and is non-refundable and non-cancellable (the “Initial Term”). Following the Initial Term, your Membership will automatically renew for successive one-year terms, unless you provide The Suite with at least 30 days' notice prior to the end of the Initial Term or than the current renewal term. For any renewal term, you hereby authorize The Suite to charge your payment method for the renewal term. By authorizing recurring payments, you hereby authorize The Suite to process such payments as either electronic debits or fund transfers, as electronic drafts from the designated bank account or as charges to the designated card account. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, The Suite or its service providers reserve the right to collect any applicable return item, rejection, or insufficient funds fee to the maximum extent permitted by applicable law and to process any such fees as an electronic payment or to invoice you for the amount due. The Suite reserves the right, in its absolute discretion, to terminate the Membership of any Member at any time. Membership may not be transferred. If you desire to become a Member, you must disclose any actual conflict of interest or the appearance of any conflict of interest during the Member application process. You represent that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by unauthorized users and agree not to share your Account or password with anyone. You further agree to notify The Suite immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account at any given time. The Suite reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of The Suite. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU.
3. The Suite Events; License to Use Likeness. The Suite frequently hosts live events (“The Suite Events”). By attending any The Suite Events, you acknowledge and agree that The Suite and its agents may photograph, video, or otherwise record The Suite Events and attendees, including you, if you attend any The Suite Events. By attending a The Suite Event you hereby permit, authorize, grant, and license to The Suite (a) the rights to photograph, video, or otherwise record you while attending a The Suite Event; and (b) the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to your image, likeness, appearance, and voice and all materials created by or on behalf of The Suite that incorporate any of the foregoing ("Materials") in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created on any platform and for any purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of The Suite and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to you. The Suite shall be the exclusive owner of all rights, including copyright, in the Materials. You hereby irrevocably transfer, assign, and otherwise convey to The Suite your entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. You acknowledge and agree that you have no right to review or approve Materials before they are used by The Suite and that The Suite has no liability to you for any editing or alteration of the Materials or for any distortion or other effects resulting from The Suite’s editing, alteration, or use of the Materials, or The Suite’s presentation of me. Any credit or other acknowledgment of me, if any, shall be determined by The Suite at The Suite’s sole discretion. The Suite has no obligation to create or use the Materials or to exercise any rights given by these Terms.
4. Updates to These Terms. We may modify these Terms from time to time. We will notify you of material changes to these Terms by posting the amended terms on the Service before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms take effect. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms.
5. Privacy Policy. In connection with your use of the Service, please review our Privacy Policy, located at https://www.inthesuite.co.uk/privacy-policy to understand how we use the information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms and by agreeing to these Terms, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
6. Eligibility to use the Service. In order to access or use the Service, you must: (a) be at least eighteen (18) years old; (b) of legal age to form a binding contract; and (c) not a person barred from using Services by The Suite or under the laws of the United Kingdom, your place of residence or any other applicable jurisdiction. By using the Service, you represent and warrant that you meet all of the eligibility requirements set forth in these Terms. Subject to applicable law, we may still refuse to let certain people access or use the Service, at our sole discretion. We may change our eligibility criteria at any time, at our sole discretion.
7. Our Intellectual Property Rights. The Suite and its suppliers own all rights, titles, and interests in the Service. All of the content on the Service (“Materials”) and the trademarks, service marks, and logos contained on the Service, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. Subject to these Terms, The Suite grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services solely for your personal, non-commercial purposes. The Suite reserves all rights not granted in these Terms. The Suite’s stylized name and other related graphics, logos, service marks, and trade names used on or in connection with the Services are the trademarks of The Suite and may not be used without permission for any purpose, including, but not limited to, in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
8. Management of the Service; User Misconduct. We reserve the right but do not undertake the obligation to: (a) monitor or review the Service for violations of these Terms and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) manage the Service in a manner designed to protect our and third parties rights and property or to facilitate the proper functioning of the Service; (d) screen our users, or attempt to verify the statements of our users and/or (e) monitor disputes between you and other users or to terminate or block you and other users from using the Service. Please carefully choose the information you share through the Service and that you give to other users of the Service. You assume all risks associated with dealing with other users with whom you come in contact through the Service. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Service to any person for any reason or for no reason at all, as permitted by applicable law, including, without limitation, for breach of any representation, warranty or covenant contained in these Terms, or any applicable law or regulation.
9. User Content. You acknowledge that all content is the sole responsibility of the party from whom such content originated. This means that each user is entirely responsible for all content that that user makes available through the Service (“User Content”). The Suite has no obligation to pre-screen any content. You use all User Content and interact with other users at your own risk. Without limiting the foregoing, The Suite reserves the right in its sole discretion to pre-screen, refuse, or remove any content. The Suite shall have the right to remove any content that violates these Terms or is otherwise objectionable. The Suite does not claim ownership of any User Content you make available on the Services (“Your Content”). However, when you post or publish Your Content on or in the Services, you represent that you have all of the necessary rights to grant The Suite the licenses set forth in these Terms. Except with respect to Your Content, you agree that you have no right or title in or to any content that appears on or in the Service. You hereby grant The Suite a worldwide, perpetual, royalty-free, non-exclusive, transferable, sub-licensable, license to cache, copy, distribute, transmit, publicly display, reproduce, create derivative works, and otherwise use or exploit royalty-free right to copy, use, and display Your Content (in whole or in part) on the Services and in other media, digital or analog, now known or hereafter developed throughout the universe including, without limitation, the internet, mobile devices, and in advertising or promotion, print or otherwise. Note that other users may search for, see, use, modify, and reproduce any of Your Content that you submit to any “public” area of the Service. The Suite shall not be deemed the publisher of any User Content by virtue of its right to control said User Content.
10. Copyright Infringement. If you believe that any User Content or other content available on the Service violates your copyright, please send us a notice of copyright infringement to info@inthesuite.co.uk with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement 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 owner or authorized to act on the copyright owner’s behalf. It is our policy to remove infringing material in accordance with the DMCA and to terminate the user accounts of repeat infringers.
11. Acceptable Use. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Service or any portion of Service; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Service (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using The Suite’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Service except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Service; (f) you shall not access the Service in order to build similar or competitive products or services; (g) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Service; (i) you shall not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections of the Service; (j) you will not take any action that imposes or may impose (in our sole determination) an unreasonable or disproportionately large load on our technical infrastructure; (k) you will not interfere with or attempt to interrupt the proper operation of the Service through any virus, device, information collection or transmission mechanisms, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Service through hacking, password or data mining, or any other means; (l) you will not use the The Suite name, logo, trademark or branding in a way that confuses people about your affiliation or relationship with The Suite; (m) you will not use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent; (n) transmit chain letters, bulk or junk email or interfere with the Service; (o) impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; or (p) use the Service in connection with any franchise, pyramid scheme, “club membership,” distributor ship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents. Any future release, update, or other addition to the Service shall be subject to these Terms. The Suite reserves all rights not expressly granted in these Terms. Any unauthorized use of the Service terminates the licenses granted by The Suite pursuant to these Terms. The foregoing sentence is not exclusive of any other rights or remedies that may be available to The Suite under law, equity, statute, or otherwise.
12. User Rules. Any features and/or services provided on the Service by The Suite, including, but not limited to, user comments, instant messaging, and email functions, are subject to these Terms, the Membership Agreement (if you have a Membership), and any other guidelines published or modified by The Suite from time to time (collectively, the "Rules"). You agree to follow our Community Guidelines, and you understand that a breach of the Membership Agreement or the Community Guidelines will result in a violation of these Terms. Notwithstanding anything to the contrary in the Rules, in the event that The Suite determines, in its sole discretion, that you have violated the Rules, or that any part of Your Content violates the Rules, The Suite will have the right to immediately remove Your Content, in whole or in part, and to temporarily suspend your Account and access to the Service, with or without notice to you, prior or otherwise. In the event that The Suite determines that your first violation was particularly offensive, The Suite will have the right to immediately and permanently terminate your Account and access to the Services, with or without notice to you, prior or otherwise. Any user may report abuse by sending an email to info@inthesuite.co.uk.
13. Feedback. You agree that your submission of any ideas, suggestions, documents, and/or proposals to The Suite (“Feedback”) is at your own risk and that The Suite has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to The Suite a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
14. Social Media. If you access or use any of the The Suite social media pages on Facebook, Twitter, Instagram, YouTube, or any other social media platform we use, or post any reviews or comments regarding your use of the Service on these social media services or other third party websites, we ask you to follow the following guidelines: (a) please be polite and courteous. Name-calling, profanity, fighting words, discriminatory epithets, sexual harassment, bullying, gruesome language, or the like, are not acceptable; (b) all postings should come from a real person. We will delete any postings from our social media pages that we believe have come from fake or anonymous profiles; (c) please verify that all information submitted is accurate and factual. Negative comments and complaints posted by you could be construed as claims about The Suite or an individual and may be subject to libel laws and other legal claims, and (d) we would like to hear about your complaints or concerns regarding the Service before you share them publicly with others so that we can help resolve them for you. If you are a user and have a customer service comment, complaint, concern or idea, please email us at info@inthesuite.co.uk.
15. Third-Party Sites. The Service may contain links to websites operated by third parties (“Third Party Sites”), and you may be able to share information with Third Party Sites through links on the Service; however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant, or imply that we endorse any Third Party Sites or any materials, opinions, goods, or services available on them. Third-party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. These Terms do not apply to Third Party Sites. Before visiting a Third Party Site through links or other means provided on or through the Service, you should review the Third Party Site’s terms and conditions and privacy policy, and inform yourself of the regulations, policies, and practices of these Third Party Sites.
16. Payments. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide The Suite with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not to the Terms to determine your rights and liabilities. By providing The Suite with your credit card number and associated payment information, you agree that The Suite is authorized to immediately invoice your Account for all fees and charges due and payable to The Suite hereunder and that no additional notice or consent is required. You agree to immediately notify The Suite of any change in your billing address or the credit card used for payment hereunder. The Suite reserves the right at any time to change its prices and billing methods, either immediately upon posting on Services or by email delivery to you. All payments made through the Service are final, and The Suite will not issue any refunds.
17. Third Party Payment Processor. The Suite may use Stripe, Inc. (“Stripe”) as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By using the Service, you agree to be bound by Stripe’s Privacy Policy: https://www.stripe.com/privacy, and hereby consent and authorize The Suite and Stripe to share any information and payment instructions you provide with one or more third-party service provider(s) to the minimum extent required to complete your transactions. By making reservations on the Services, you also agree to be bound by Stripe’s Seller Terms: https://stripe.com/ssa.
18. Disclaimer of Warranties. To the fullest extent permitted by applicable law, all material or items provided through the Service are provided “as is” and “as available,” without warranty or conditions of any kind. By operating the Service, we do not represent or imply that we endorse any materials or items available on or linked to by the Service, including, without limitation, content hosted on Third Party Sites, or that we believe any materials or items to be accurate, useful or non-harmful. We cannot guarantee and do not promise any specific results from the use of the Service. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these Terms. You agree that your use of the Service will be at your sole risk. To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers, and other contractors disclaim all warranties, express or implied, in connection with the Service and your use thereof. To the fullest extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness, or completeness of the Service’s content, the content of any site linked to the Service, or information or any other items or materials on the Service or linked to by the Service. We assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, including but not limited to damage to your computer system and any device you use to access the Service, resulting from your access to or use of the Service, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Service, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Service.
19. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SUITE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, “THE SUITE PARTIES”) SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT THE SUITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE SUITE PARTIES LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $100. YOU ACKNOWLEDGE AND AGREE THAT THE SUITE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE SUITE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE SUITE AND YOU.
20. Indemnification. You agree to indemnify and hold the The Suite Parties harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your misuse of the Services; (c) your violation of these Terms; (d) your violation of any rights of another party; or (e) your violation of any applicable laws, rules or regulations. The Suite reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Suite in asserting any available defenses. You agree that the provisions in this section will survive any termination of these Terms or your access to Services.
21. Legal Disputes and Arbitration Agreement. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief.
a. Applicability of Arbitration Agreement. You agree that any dispute between you and us relating in any way to the Services or these Terms (a “Dispute”), will be resolved by binding arbitration, rather than in court, except that (i) you and The Suite may assert claims in small claims court if the claims qualify; and (ii) you or The Suite may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
b. Arbitration Rules. Any Dispute shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act ??.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration other than costs incurred by you for legal counsel, travel, and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by The Suite if you do not prevail in arbitration.
The parties understand that absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
c. Class Action and Class Arbitration Waiver. You and The Suite each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and The Suite each expressly waive your respective right to file a class action or seek relief on a class basis. If a decision is issued stating that applicable law precludes enforcement of any of this Subsection (c) limitations as to a given claim for relief, then the applicable claim must be severed from the arbitration and brought into the state or federal courts located in New York in accordance with Section 21(f). All other claims will be arbitrated.
d. 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in this Section 21 by sending written notice of your decision to opt out to the following email: info@inthesuite.co.uk. The notice must be sent within thirty (30) days of becoming subject to this Arbitration Agreement, otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Section 21. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us. If you opt out of these arbitration provisions, we also will not be bound by them.
e. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
f. Applicable Law. You agree that federal laws and the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and The Suite. To the extent that the arbitration provisions set forth in Section 21 do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New York, New York (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in New York, New York for any litigation other than small claims court actions. IN THE EVENT OF LITIGATION RELATING TO THESE TERMS OR THE SERVICE, THE PARTIES AGREE TO WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT TO A JURY TRIAL.
g. Survival. This Arbitration Agreement will survive the termination or expiration of these Terms or your relationship with The Suite.
22. General.
a. Termination. At its sole discretion, The Suite may modify or discontinue the Services or may modify, suspend or terminate the access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, The Suite reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress. Even after your right to use the Services is terminated, these Terms will remain enforceable against you and unpaid amounts you owe to The Suite will remain due.
b. Electronic Communications. The communications between you and The Suite use electronic means, whether you visit Services or send The Suite emails, or whether The Suite posts notices on Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from The Suite in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Terms that The Suite provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect your statutory rights.
c. Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without The Suite’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Suite may freely assign these Terms.
d. Force Majeure. The Suite shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of god, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
e. Contact information. If you have any questions about the Service or these Terms, you can contact The Suite by email at info@inthesuite.co.uk.
f. International Users. The Service is controlled and operated by The Suite from its offices in the United States. We do not make any representations that the Service is available or appropriate for use in your location. You agree to comply with all local rules applicable to you regarding user conduct on the Internet and acceptable content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
g. No Modification. If any of our employees offers to modify the terms of these Terms, such an employee is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
h. Severability. If any portion of these Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
i. Waiver. Any waiver or failure to enforce any provision of these Terms on any occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
j. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
k. Entire Agreement. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
