Terms Of Use

terms of use

Acceptance of the Terms of Use

Welcome to the website of Enchanted Global, LLC (“Enchanted Global”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of enchant.support, including any content, functionality and services offered on or through enchant.support (the “Enchanted Global Platform”), whether as a registered or unregistered user.

Please read the Terms of Use carefully before you start to use the Enchanted Global Platform. By using the Enchanted Global Platform or by clicking to accept or agree to the Terms of Use, or other applicable terms or policies incorporated into these Terms of Use, when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Enchanted Global Platform.

The Enchanted Global Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Enchanted Global Platform, you represent and warrant that you are at least 18 years of age and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Enchanted Global Platform.

Additional terms and conditions may also apply to specific portions, services or features of the Enchanted Global Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Enchanted Global Platform thereafter.

Your continued use of the Enchanted Global Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Enchanted Global Platform and Account Security

We reserve the right to withdraw or amend the Enchanted Global Platform, and any service or material we provide on the Enchanted Global Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Enchanted Global Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Enchanted Global Platform, or the entire Enchanted Global Platform for all users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Enchanted Global Platform.

• Ensuring that all persons who access the Enchanted Global Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Enchanted Global Platform including any resources it offers, you may be asked to provide certain registration details and additional information. It is a condition of your use of the Enchanted Global Platform that all the information you provide on the Enchanted Global Platform is correct, current and complete. You agree that all information you provide to register with the Enchanted Global Platform or otherwise, including but not limited to through the use of any interactive features on the Enchanted Global Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Enchanted Global Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Enchanted Global Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Enchanted Global, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Enchanted Global Platform, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Enchanted Global Platform for your own personal or commercial use and not for further reproduction, publication or distribution.

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from this site.

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Enchanted Global Platform in breach of the Terms of Use, your right to use the Enchanted Global Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Enchanted Global Platform or any content on the Enchanted Global Platform is transferred to you, and all rights not expressly granted are reserved by Enchanted Global. Any use of the Enchanted Global Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Enchanted Global name, the Enchanted Global logo and all related names, logos, product and service names, designs and slogans are trademarks of Enchanted Global or its affiliates or licensors. You must not use such marks without the prior written permission of Enchanted Global. All other names, logos, product and service names, designs and slogans on the Enchanted Global Platform are the trademarks of their respective owners.

Prohibited Uses

You may use the Enchanted Global Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Enchanted Global Platform:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

• To impersonate or attempt to impersonate Enchanted Global, a Enchanted Global employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Enchanted Global Platform, or which, as determined by us, may harm Enchanted Global or users of the Enchanted Global Platform or expose them to liability.

Additionally, you agree not to:

• Use the Enchanted Global Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Enchanted Global Platform, including their ability to engage in real time activities through the Enchanted Global Platform.

• Use any robot, spider or other automatic device, process or means to access the Enchanted Global Platform for any purpose, including monitoring or copying any of the material on the Enchanted Global Platform.

• Use any manual process to monitor or copy any of the material on the Enchanted Global Platform or for any other unauthorized purpose without our prior written consent.

• Use any device, software or routine that interferes with the proper working of the Enchanted Global Platform.

• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Enchanted Global Platform, the server on which the Enchanted Global Platform is stored, or any server, computer or database connected to the Enchanted Global Platform.

• Attack the Enchanted Global Platform via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Enchanted Global Platform.

• List a proposed transaction on the Enchanted Global Platform and then complete that transaction outside of the Enchanted Global Platform.

User Contributions

The Enchanted Global Platform may contain message boards, electronic file storage, personal web pages or profiles, forums and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Enchanted Global Platform.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

By providing any User Contribution on the Enchanted Global Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, transferable and sublicensable right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings and your direction, without any further consent, notice and/or compensation to you or others.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Enchanted Global, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Enchanted Global Platform.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Enchanted Global Platform or the public or could create liability for Enchanted Global.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Enchanted Global Platform.

• Terminate or suspend your access to all or part of the Enchanted Global Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Enchanted Global Platform. YOU WAIVE AND HOLD HARMLESS Enchanted Global AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES.

However, we cannot review each User Contributions before it is posted on the Enchanted Global Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote or assist any unlawful act.

• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Involve unauthorized commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

• Give the impression that they emanate from or are endorsed by Enchanted Global or any other person or entity, if this is not the case.

 

Reliance on Information Posted

The information presented on or through the Enchanted Global Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Enchanted Global Platform, or by anyone who may be informed of any of its contents.

The Enchanted Global Platform includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Enchanted Global, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Enchanted Global. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Enchanted Global Platform

We may update the content on the Enchanted Global Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Enchanted Global Platform may be out of date at any given time, and we are under no obligation to update such material.

We may change, suspend or end any service available through the Enchanted Global Platform, or change and modify prices prospectively in our discretion. You acknowledge that Enchanted Global has no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

Information about You and Your Visits to the Enchanted Global Platform

All information we collect on the Enchanted Global Platform is subject to our Privacy Policy. By using the Enchanted Global Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Enchanted Global Platform and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

The Enchanted Global Platform may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Enchanted Global Platform.

• Send e-mails or other communications with certain content, or links to certain content, on the Enchanted Global Platform.

• Cause limited portions of content on the Enchanted Global Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned or licensed by you.

• Cause the Enchanted Global Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

• Link to any part of the Enchanted Global Platform other than the homepage.

• Otherwise take any action with respect to the materials on the Enchanted Global Platform that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

 

Links from the Enchanted Global Platform

If the Enchanted Global Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Enchanted Global Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

 

 

Referral Rewards Program

The payout amounts or terms of the referral rewards program can be modified or terminated without prior or subsequent notice to the participants of the program. 

Referral payments to individual users can be suspended, modified or terminated on assumption of any abuse of program. Users can be barred from use of the program by discretion of Enchanted Global LLC, for any reason Enchanted Global LLC determines.

The account balance is the property of Enchanted Global LLC, until funds have been released to user. The account balance can be forfeited or adjusted for any reason deemed acceptable by Enchanted Global LLC, without any notice to users. 

Forfeited or adjusted account balances, are permanently forfeited or adjusted and can not be contested.

 

 

 

Notices and Messages

Enchanted Global may provide certain notices or messages via banner notices on the Enchanted Global Platform. In addition, by providing your e-mail address to Enchanted Global, you agree that Enchanted Global may provide you with messages or notices. You agree to inform Enchanted Global of any changes in your contact information. Please review your Enchanted Global Platform account settings to control and limit what kind of messages Enchanted Global may send you.

Geographic Restrictions

The owner of the Enchanted Global Platform is based in the State of Texas in the United States. We provide the Enchanted Global Platform for use only by persons located in the United States. We make no claims that the Enchanted Global Platform or any of its content is accessible or appropriate outside of the United States. Access to the Enchanted Global Platform may not be legal by certain persons or in certain countries. If you access the Enchanted Global Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Enchanted Global Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE Enchanted Global PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Enchanted Global PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE Enchanted Global PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE Enchanted Global PLATFORMIS AT YOUR OWN RISK. THE Enchanted Global PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE Enchanted Global PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Enchanted Global NOR ANY PERSON ASSOCIATED WITH Enchanted Global MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE Enchanted Global PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER Enchanted Global NOR ANYONE ASSOCIATED WITH Enchanted Global REPRESENTS OR WARRANTS THAT THE Enchanted Global PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Enchanted Global PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE Enchanted Global PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE Enchanted Global PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Enchanted Global PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Enchanted Global HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL Enchanted Global, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE Enchanted Global PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE Enchanted Global PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Enchanted Global PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Enchanted Global, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Enchanted Global Platform, including, but not limited to, your User Contributions, any use of the Enchanted Global Platform’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Enchanted Global Platform.

Governing Law, Jurisdiction and Arbitration

All matters relating to the Enchanted Global Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Except as set forth below, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Enchanted Global Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the County of Williamson although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you and Enchanted Global agree that any and all disputes or claims that have arisen or may arise between you and Enchanted Global (except any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights) shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Our arbitration proceedings would be conducted by the American Arbitration Association (“AAA”) under its rules and procedures applicable at that time, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by these Terms of Use. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA’s website. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator’s discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Enchanted Global users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.

The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless these Terms of Use expressly provides otherwise. If the amount of any claim in an arbitration is US$10,000 or less, Enchanted Global will pay all filing, administration and arbitrator fees associated with the arbitration, so long as (i) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration and (ii) your claim is not determined by the arbitrator to be frivolous. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Enchanted Global will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Enchanted Global for all fees associated with the arbitration paid by Enchanted Global on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

YOU AND Enchanted Global AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER Enchanted Global USERS.

Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this section is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire agreement to arbitrate shall be null and void but the remainder of these Terms of Use and its “Governing Law, Jurisdiction and Arbitration” Section will continue to apply.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE Enchanted Global PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Enchanted Global of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Enchanted Global to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Enchanted Global with respect to the Enchanted Global Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Enchanted Global Platform.

Your Comments and Concerns

This website is operated by Enchanted Global, LLC,

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Enchanted Global Platform should be directed to: [email protected].

Thank you for visiting the Enchanted Global Platform.