Jurisdiction. The Supirb Websites are based in the United States (“U.S.”) and are deemed passive websites that do not give rise to personal jurisdiction over any of Supirb Websites, either specific or general, in jurisdictions other than the State of Washington. Supirb makes no representations that the Supirb Websites are appropriate or available for use in locations other than the U.S. Those who access or use Supirb from another jurisdiction other than the U.S. are responsible for compliance with such jurisdiction’s laws and regulations. If there is a dispute between you and Supirb relating to the terms of this Agreement, the party substantially prevailing will be entitled to recover all costs and expenses of any subsequent proceedings (including trial, appellate and arbitration proceedings), including the attorneys’ fees incurred therein. You consent to the jurisdiction and venue of the courts sitting in Seattle, Washington.
Governing Law, Jurisdiction and Dispute Resolution. This Agreement will be governed by and interpreted under the laws of the State of Washington. The parties will conduct friendly negotiations to resolve any dispute arising from or out of this Agreement, which may include mediation if requested by either party. Should mediation fail, you irrevocably consents to resolve any dispute or conflict arising out of or relating to the Agreement by binding arbitration in Seattle, Washington by one (1) arbitrator through JAMS Dispute Resolution Services, and in accordance with the American Arbitration Association’s Commercial Arbitration Rules and Mediation Procedures. Any judgment resulting from such a proceeding will be enforceable in any applicable state or federal Court. The party substantially prevailing in any such proceeding will be entitled to recover all costs and expenses of such proceeding, including reasonable attorney’s fees and costs.
Transferability. This Agreement will be binding on and inure to the benefit of you and Supirb and both parties’ respective successors, assigns, heirs and personal representatives. You will not assign or transfer any right or obligation under this Agreement without the prior written consent of Supirb and any attempted assignment without Supirb’ prior written consent will be null and void. Supirb may transfer any rights or obligations under this Agreement without your prior written consent.
Completeness and Severability. This Agreement and any other legal notices published by Supirb on the Supirb Websites constitutes the entire agreement between you and Supirb concerning your use of the Supirb Websites. If any provision of this Agreement is deemed invalid by a Court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which remain in full force and effect.
Waivers. No term or provision of this Agreement will be considered waived by Supirb, and no breach excused by Supirb, unless such waiver or consent is in writing and signed by Supirb. The waiver by Supirb of, or consent by Supirb to, a breach, of any provision of this Agreement by you will not operate or be construed as a waiver of, consent to, or excuse of any other or subsequent breach by you.
Terms and Website Modification. Supirb reserves the right, at its sole discretion, to modify or replace any and all of the terms of this Agreement, or change, suspend or discontinue the Supirb Websites or any aspect or portion thereof, at any time by posting a notice on the Supirb Websites or sending you a notice through the Supirb Websites or by e-mail. Supirb may also impose temporary limits on certain features on the Supirb Websites or restrict access to portions or all of the Supirb Websites without notice. Your unauthorized access to restricted sections of the Supirb Websites is a violation of this Agreement. Supirb will not be liable to you for any changes or modifications to this Agreement, except as expressly stated in writing between you and Supirb. Supirb suggests that you check the terms of this Agreement periodically for changes. Your use of the Supirb Websites following Supirb’ changes to the terms of this Agreement constitutes your acceptance of such changes.
Questions. Questions about the Supirb Websites should be sent to Supirb via e-mail to
or via mail to Supirb Technologies, LLC, Attn: Services Questions, at P.O. Box 226, 1900 W. Nickerson St. Ste. 116, Seattle, WA 98119.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF ALL OF THE SUPIRB WEBSITES, AND ANY OF THE GOODS AND SERVICES PROVIDED THEREFROM.