TERMS OF SERVICE - SelfStir Business Solution

Effective Date:  April 15, 2019

  

The SelfStir.com website and its associated SelfStir 360 Degree Feedback Business Solution services and content (collectively “Site”) are owned and operated by SelfStir Limited (“SelfStir”).  SelfStir has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Site. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Site and must discontinue your use immediately. 

 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING FOR, OR USING THE SITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

SELFSTIR MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE SITE OR ANY TERMS AND CONDITIONS OF THIS AGREEMENT. IN THE EVENT SELFSTIR MODIFIES, LIMITS, CHANGES, OR REPLACES THE SITE OR THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR USE OF THE SITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.  YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO REMAIN AWARE OF ANY MODIFICATIONS, LIMITATIONS, CHANGES, OR REPLACEMENTS.

 

  1. About the Site

 

Through the Site, SelfStir brings leadership development to everyone by making giving feedback easy. We aim to give companies the opportunity to provide 360 Degree Feedback to your whole team.  We aim to provide development tools that help individuals manage their own growth and work with their peers as well as professional coaches within your company.

 

It is not SelfStir’s intention to provide career or professional development advice.  The material contained on the Site is for informational purposes only and should not be used as a substitute for competent advice from a licensed professional.  SelfStir does not recommend or endorse any specific professional or course of action. Nothing on the Site is a representation to be reasonably relied upon. Your reliance upon any information provided to you by SelfStir or other users of the Site is solely at your own risk.

 

  1. Warranties and Representations

 

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions.  You warrant that you are a human individual that is eighteen (18) years of age or older. You warrant that you are not prohibited from assenting to this Agreement by any pre-existing Agreement.

 

If you are using the Site as an administrative user on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.

 

  1. Ownership of the Site

 

You acknowledge and agree that SelfStir is the owner of, or has rights in and to, the Site and its associated content, including, but not limited to, text, graphics, code, and software, and all intellectual property rights inherent therein. The Site is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Site for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Site, whether in whole or in part, without the prior written consent of SelfStir.

 

SelfStir hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Site for its customary and intended purposes. Use of the Site for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license.  Absent prior written permission from SelfStir, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Site or its content. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or other proprietary notices from the materials.  This license is revocable at any time, and any rights not expressly granted herein are reserved to SelfStir. 

 

  1. Trademarks

 

All trademarks, common law or registered trademarks, displayed on this Site are the property of their respective owners.  Specially, all SelfStir marks are the property of SelfStir, including, but not limited to SELFSTIR, SELFSTIR BUSINESS, and all SelfStir logos.  The Site, including its look and feel, color selections, layout, and arrangement, is the trade dress of SelfStir. You understand that you are prohibited from using SelfStir’s trademarks, service marks, logos, trade names, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services, whether in a domain name, meta tag, trade name, trademark, service mark, pay per click advertising, or otherwise, without the prior written consent of SelfStir.

 

  1. Account and User Registration

 

To use SelfStir Business Solution an individual or organization must register a Business Account.  To register a Business Account you must provide SelfStir with the following information: the name and email address of the person responsible for subscription payment (“Billing Contact”) as well as the name and email address of the initial Account Administrator (if different), the name of the organization, and the billing address for the organization.  SelfStir will also require you to provide specific information about your feedback solution needs. 

 

When the Business Account is registered, the Account Administrator may give individual users access to register individual User Accounts within the Business Account.  Such individual users must have a valid email address.  

 

Once the agreement is signed and the date to start is established, SelfStir will send an invoice that includes a link to pay online or bank account details for direct transfer of payment. 

 

Users must register for User Accounts to use the Site and associated services.  To register a User Account, you must provide information, including that set forth in the Privacy Policy, which is incorporated into this Agreement by reference.  User Account profiles contain information provided by users. SelfStir does not endorse you or discriminate based upon any information provided by you or made available for population of your profile.  User Account information will be used consistent with the Privacy Policy.

 

You agree to provide SelfStir with accurate, up to date, and complete information.  You understand and agree that they have an ongoing duty to update your personal information if and when it changes.  You are expressly prohibited from creating a User Account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party.  You expressly agree that you will not register more than one User Account and that you will not use your User Account to interfere with or disrupt a third party’s enjoyment and use of the Site.  SelfStir reserves the right to restrict access to, suspend, disable, or delete your User Account at any time, in its sole discretion, and without prior warning. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your User Account.

 

You agree to keep your individual User Account secure from unauthorized access.  Account Administrators agree to keep Business Accounts secure from unauthorized access.  SelfStir encourages all users to select strong passwords. You agree not to reveal your password to others.

 

You further agree that you alone are responsible for your User Accounts, and Account Administrators agree that they alone are responsible for their Business Accounts.  You accept full responsibility for any and all use of your User Account, whether authorized or unauthorized. Organizations accept full responsibility for any and all use of their Business Accounts, whether authorized or unauthorized.  In the case of unauthorized access to your Business Account or an individual User Account, you agree to contact SelfStir immediately. Organizations and individual users agree to hold harmless and indemnify SelfStir for any damages that arise out of or in relationship to the use of their respective Business Accounts and individual User Accounts. 

 

By creating a Business Account and/or an individual User Account, you agree that SelfStir and its designees and agents may contact you by any available means, including, but not limited to email. You further agree and expressly consent that any and all  information provided by you as set forth in the Privacy Policy may be shared with SelfStir designees, agents and technical partners solely for the purposes of this Agreement. SelfStir shall procure that all such designees, agents and technical partners are bound by data protection obligations that meet its own standards of security measures and procedures in compliance with the EU General Data Protection Regulation (GDPR 2016/679). 

 

SelfStir may impose certain limitations on the use of the Site, including, but not limited to, allocating certain levels of storage capacity to Business Accounts and User Accounts, restricting the number of User Accounts that may be registered within a Business Account, imposing expiration dates on data and removing expired content from the Site.  SelfStir may impose such limitations at its sole discretion and at any time, and without notice. 

 

  1. Payment; Term; Termination

 

If you register a Business Account and wish to keep the account live after the initial trial, you agree to pay the Subscription Fee for services associated with the Site.  The Subscription Fee will depend on the subscription package you select. See our current fees here. These fees are subject to change at SelfStir’s sole and absolute discretion.  You agree to pay for any additional SelfStir Consulting services you purchase through the Site. All costs and fees are quoted in United States Dollars. Costs and fees may be paid in United States Dollars, British Pounds, Euros, or other currencies.  SelfStir may collect VAT, taxes, duties, levies or other similar charges, depending on your location. However, you agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Site and/or purchase of services through the Site to that applicable governmental entity.     

 

SelfStir accepts credit card payment through the Site and payment by direct wire transfer, or any other payment method permitted by SelfStir, within SelfStir’s sole and absolute discretion.

 

In the event you dispute the amount or validity of any payments made under this Agreement, you must notify SelfStir in writing within fifteen (15) days of any such disputes by mail at the address noted below or by email.  You understand that your failure to notify SelfStir of any dispute within fifteen (15) days will constitute your express waiver of any claims related to the disputed payment. 

 

You agree that you will pay all costs and expenses of collection, including legal fees, incurred by SelfStir in the event of failure to make any payment. 

 

Subscription Fees shall be paid based on the agreement. This Agreement will remain in full force and effect for so long as the Site is in operation.  SelfStir may terminate this Agreement, the Site and associated services without liability at any time, without notice, and for any reason, including but not limited to for your violation of the terms or conditions of this Agreement. 

 

SUBSCRIPTION FEES ARE NONREFUNDABLE.  IF YOU TERMINATE YOUR BUSINESS ACCOUNT OR DOWNGRADE YOUR SUBSCRIPTION PLAN BEFORE THE END OF THE TERM OF YOUR BUSINESS ACCOUNT, SELFSTIR HAS THE RIGHT NOT TO REFUND YOUR SUBSCRIPTION FEE OR ANY PORTION THEREOF.

 

If you wish to increase your subscription plan before the end of your term, SelfStir will prorate the amount of your Subscription Fee based on the percentage of time left in you annual term.

You may terminate your account and/or stop using the Site at any time.  If you wish to terminate your Business Account before the end of your term, written notice must be sent to SelfStir by the most recent Billing Contact for your Business Account to the email address noted below, or your account manager.  SelfStir will confirm your termination request by phone call. If you choose to terminate your Business Account before the end of your term or if you choose not to renew your Business Account at the completion of your term, SelfStir will disable the account and will attempt to preserve your account data so that the data will not be lost if you decide to renew your Business Account for one (1) year.  You will lose all access to the Site and associated services, including, but not limited to, your account and any data associated with it. If you renew your account, SelfStir will attempt to restore your account and associated data to its last current status. However, SelfStir is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data. To prevent disruption in service and to avoid loss of Business Account data, we recommend that you renew your account before the end of your term.  SelfStir will make reasonable attempts to send you a renewal reminder before the end of your term, unless you notify SelfStir that you do not wish to renew your account.

If your Business Account is inactive for one (1) year, SelfStir will delete all data associated with your Business Account.  If you specifically request it, SelfStir will delete all data associated with your Business Account immediately upon termination of the account.  Such request must be made to the email address noted below or your account manger and must come from the most recent Billing Contact for your Business Account.  SelfStir will confirm the request to delete data by phone call. If you wish to receive a copy of the raw data after termination, SelfStir may be able to provide it by sending you an electronic file through secure means.

 

  1. User Generated Content

 

SelfStir may provide you with the ability to submit user generated content to the Site, which may include, but is not limited to text, photos, videos, instructions/tutorials, designs, and other content (collectively “User Content”). Additionally, SelfStir allows clients to customize surveys with your own generated content.  Such customized surveys are also constitute User Content. Except as otherwise licensed herein, you own all rights in and to your User Content. User Content may be hosted, shared, and/or published as part of the Site’s associated services, and may be visible to other users of the Site within your account and by those with whom you share survey results and invite to provide you feedback.  User Content that you send directly to other users will only be viewable by those such users to whom you send such User Content. You expressly acknowledge, however, that SelfStir does not guarantee any confidentiality with respect to any submissions of your User Content.

 

By submitting User Content to the Site, you grant SelfStir to use your User Content internally for the customary and intended purposes of the Site and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, display, and use any of the User Content. These purposes may include, but are not limited to, providing you with the Site or its associated services and archiving or making backups of the Site. SelfStir does not claim any ownership rights in or to your User Content.

 

You agree that you are solely responsible for any User Content that you submit to the Site.  SelfStir acts solely as a repository of data, and SelfStir therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Content.  You warrant that any User Content that you submit to and through the Site will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.  You warrant that any User Content you submit to the Site will not contain defamatory material or other tortious material in violation of local, state, provincial, national, or international laws, regulations, ordinances, statutes or treaties. You agree that any interaction with others through the Site will not defraud, impersonate another, or harass any third party or otherwise violate local, state, provincial, national, or international law, statute, ordinance, treaty, or regulation.  You acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or otherwise objectionable. You agree to waive any legal or equitable rights or remedies with respect to such that you may have against SelfStir.

 

SelfStir reserves the right to remove User Content with prior notice and may, at its sole discretion, removed User Content that it determines, at its sole discretion, violates the terms of this Agreement.  SelfStir also reserves the right to terminate a user’s access to the Site for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and with prior notice.

 

We do not promise that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, Confidential Information and Property.

 

  1. Section 230 of the Communications Decency Act

 

You acknowledge and agree that SelfStir is an interactive computer service provider under Section 230 of the Communications Decency Act. 47 U.S.C. §230.  SelfStir may allow users to submit content to the Site and the Site may contain links to third party websites that it does not control. 

 

SelfStir has no duty to monitor content submitted to the Site, but it may, within its sole discretion, edit, remove, refuse, or control the content submitted to the Site without notice to the submitting party and for any reason, or which might be offensive, harmful, or threatening to the safety of others, or otherwise violates the terms of this Agreement. You agree that SelfStir will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Site or otherwise. 

 

  1. Reporting Violations to this Agreement

 

If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to SelfStir by sending an email to legal@selfstir.com

 

  1. Third Party Links and Endorsements

 

You understand that the Site may contain links to third party websites, applications, or services that SelfStir does not own or control.  You agree that SelfStir will not be held responsible or liable for the content of third party websites, applications, or services and that SelfStir’s inclusion of those websites, applications, or services within the Site does not constitute SelfStir’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services. SelfStir will not be held liable for the information contained on any third party website, information sent to SelfStir by third party websites, and information intercepted by third parties, or for any content contributed to the Site by third parties, including other users. 

 

SelfStir does not endorse or recommend any commercial product, process, or service.  The views and opinions of users, contributors, and others expressed on this Site do not necessarily state or reflect those of SelfStir and are not intended to be used for advertising or product endorsement purposes.

 

  1. User Conduct

 

You agree to comply with the terms of this Agreement.  You understand that you are prohibited from using the Site for any uses not explicitly stated in this Agreement.  Such unauthorized uses may include:

 

  • Any commercial use, such as the resale or republication of the Site;
  • Any modification of the Site, including but not limited to translation into another computer language or the creation of derivative works from the Site;
  • Any use of the Site outside of its customary or intended purposes;
  • Any use of the Site to transmit any material that violates the rights of third parties, including but not limited to material that contains or constitutes intellectual property infringement, false advertising, or defamation;
  • Any use of the Site to upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
  • Any use of the Site that involves the exploitation of people under the age of 18 in a sexual or violent way or otherwise attempting to solicit information from anyone under the age of 18 or that involves nonconsensual sexual acts;
  • Any use of the Site to defraud, to impersonate, to harass, stalk, to participate in or promulgate ponzi schemes, pyramid schemes, chain letters, unsolicited bulk or commercial messages, or to collect personal or personally identifiable information from users of the Site without their knowledge or consent;
  • Any use of the Site to impersonate another or the creation of multiple alias user accounts;
  • Any use of the Site to transmit content that threatens or encourages bodily harm or the destruction of property or to incite illegal activity;
  • Any use of the Site involving the forging of any TCP-IP packet header or any part of the header information in an email or a posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any User Content transmitted through the Site (“spoofing”);or
  • Any other activity that disrupts the Site or its associated services, including but not limited to through hacking or denial of service attacks, and by uploading, posting, emailing, transmitting, storing, or otherwise making available any material that contains viruses or other malicious computer code, files, or programs designed to harm, interfere or limit the normal operation of the Site.

 

You expressly agree that you will not use the Site to violate any law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international, to violate the rights of third parties, or for a use outside of the customary and intended purpose of the Site.

 

  1. Child Online Privacy Protection Act

 

The Site is not directed to persons under the age of eighteen (18) and SelfStir will not knowingly collect personally identifiable information from children under the age of thirteen (13).  If SelfStir inadvertently collects personally identifiable information, SelfStir will delete the personally identifiable information in accordance with its security protocols.

 

  1. DISCLAIMER OF WARRANTIES

 

SELFSTIR DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES PURCHASED THROUGH THE SITE.  SELFSTIR PROVIDES THE SITE AND THE SERVICES PROVIDED THROUGH THE SITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

 

SELFSTIR WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE SITE, OR ANY CONTENT TRANSMITTED THROUGH THE SITE. SELFSTIR IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. YOU EXPRESSLY AGREE THAT ANY TRANSMISSION, STORAGE, ACCESS, OR MAINTENANCE OF DATE THROUGH THE SITE IS DONE AT YOUR OWN RISK.  YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SITE.

 

SELFSTIR RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

 

  1. LIMITATION OF LIABILITY

 

SELFSTIR WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE SITE OR YOUR USE OF SERVICES OFFERED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT SELFSTIR CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE SITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $1,000.  IF NO AMOUNT IS PAID BY YOU TO SELFSTIR, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

 

  1. Indemnification

 

You agree to hold harmless, indemnify, and defend SelfStir, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Site, your use or provision of any services through the Site, your reliance upon advice provided through the Site, your submission of User Content to the Site, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or your violation of the rights of a third party.

 

Your obligation to defend SelfStir under the terms of this Agreement will not provide you with the right to control SelfStir’s defense, and SelfStir reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend SelfStir.

 

  1. Resolution of Disputes and Governing Law; Limitation on Actions

 

This Agreement will be interpreted under and governed by English law without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against SelfStir will be exclusively resolved through arbitration.

 

EXCEPT AS PROVIDED HEREIN, YOU AND SELFSTIR AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SITE, OR THE PURCHASE OF SERVICES FROM SELFSTIR, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN ENGLAND AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE LONDON COURT OF INTERNATIONAL ARBITRATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF ENGLAND. THE LOSING PARTY IN ANY SUCH ARBITRATION PROCEEDING WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND SELFSTIR AGREE THAT THE SITUS OF THIS AGREEMENT IS IN ENGLAND. YOU AND SELFSTIR AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SELFSTIR MAY, AT ITS SOLE AND ABSOLUTE DISCRETION, REFER ANY PARTICULAR DISPUTE CURRENTLY IN ARBITRATION TO LITIGATION BEFORE THE ENGLISH COURTS AT ANY TIME PRIOR TO THE ARBITRATOR DECIDING THE PROCEEDING.  YOU EXPRESSLY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE ENGLISH COURTS.

 

SELFSTIR AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

 

  1. Assignment 

 

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement.  SelfStir may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Site and/or associated services.

 

  1. Severability

 

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

 

  1. Integration

 

This Agreement expressly incorporates by reference SelfStir’s Privacy Policy, located here, and Copyright Policy, located here and our Cookie Policy, located here. 

 

This Agreement and the incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the Site and its associated services. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind SelfStir.

 

  1. Waiver

 

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to by SelfStir unless said waiver or consent is in writing and signed by SelfStir.

 

  1. Reservation of Rights

 

All rights not expressly granted herein are reserved to SelfStir.

 

  1. Notice

 

Any notice you are required by this Agreement to give to SelfStir must be in writing, and must be mailed, and a copy sent by email, to:

           

Mailing Address:

SelfStir Limited

Station House Connaught Road

Brookwood, Woking

Surrey GU240ER

United Kingdom

 

Phone: +44 (0) 20 84347450

Fax: +44 (0) 20 84347455

 

info@selfstir.co.uk

 

Email notice alone shall not comply with the notice requirements of this Agreement.

 

SelfStir.com is the trading name of SelfStir Limited

SelfStir Limited is a company registered in England & Wales with company number 08729822 Registered Office: Station House, Connaught Road, Brookwood, Woking, GU24 0ER, United Kingdom

 

SelfStir may provide you with notices regarding the Site, including changes to this Agreement, by email and/or by posting such notice on the Site.

Any rights not expressly granted herein are reserved.

Last revised: April 15, 2019