Comito Co. Terms of Service

Effective Date: March 10, 2021

1. Introduction & General
1.1 Introduction:
Comito Co. (“Comito,” “we,” “us,” “our”) provides its services (described below) to you through its website located at comito.co (the “Site”) and all content, services, and products (together, the "Platform") available at or through the Site. Collectively, such services, including any new features and applications, and the Site, the “Service(s)”), are subject to the following Terms of Service (the “Terms of Service”). Our Services are offered subject to your acceptance without modification of all of the Terms and Conditions contained herein and all other operating rules, policies (including, without limitation, Comito's Privacy Policy) and procedures that may be published from time to time by Comito (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

The terms of service provided herein govern your use of the site and services. Before accessing or using our services, read these terms of service carefully. By accessing or using any part of our services, you agree to become bound by the terms of this agreement. You may not access or use any of our services if you do not agree to all the terms of this agreement.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). You may not register for, or use, our Services if you are younger than this. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).

You agree to provide us with complete and accurate information when you register for a Comito account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1.2 Modifications:
At our sole discretion, we reserve the right to change or modify parts of these Terms of Service at any time. When we make material changes to these Terms of Service, we will post the revised Terms of Service on Comito and update the “Last Updated” date at the top of these Terms of Service. If you disagree with the revised Terms of Service, you may terminate this agreement immediately as provided in these Terms of Service. If you do not terminate your agreement before the date the revised Terms of Service become effective, your continued access to or use of the Services will constitute acceptance of the revised Terms of Service.

1.3 Privacy:
At Comito, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

1.4 General:
The Terms of Service outlined herein constitute the entire agreement between you and Comito. They govern your use of the Service, superseding any prior agreements between you and Comito with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.

These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 10 below, you and Comito agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

The section titles in these Terms of Service have no legal or contractual effect. They are for clarity and convenience only. You will hold Comito liable under no circumstances for any delay or failure in performance resulting directly or indirectly from an event that occurs beyond its reasonable control.

2. Use of the Service
2.1 Description of Use:
The Comito service, and any content provided through our service, is solely for personal use. You have a limited, non-exclusive, non-transferable, license to access the Comito content and view your purchased course(s) through the service on a streaming-only basis and our content may not be used for commercial purposes. No right, title or interest shall be transferred to you except for that which is stated above. Comito may revoke your license at any time in its sole discretion. If revocation occurs, you must destroy all content downloaded or otherwise obtained through the service within 3 days. Any copies of such materials, whether made in accordance with these Terms of Service or otherwise must be destroyed within 3 days of revocation.

2.2 Registration:
In order to access and use certain features of the Service, you may be required to register with Comito. By registering for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself and agree that your registration data will be governed by that which is included in our Privacy Policy.

2.3 Account, Password and Security:
You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You may never use another's account, and you may not provide another person with the username and password to access your account. If any unauthorized use of your password or account occurs, or any other breach of security, you must inform Comito as soon as reasonably possible. It is your responsibility to log out from your account at the end of each session after accessing the Service. Comito will not be liable for any loss or damage arising from your failure to comply with this Section.

2.4 Service Modifications:
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Comito will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.

2.5 Use and Storage:
Comito reserves the right to terminate accounts that are inactive for an extended period of time and we may limit the use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. We have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You further acknowledge that Comito reserves the right to change these limits at any time, in its sole discretion, with or without notice.

2.6 Mobile Services:
The Service may include certain services that are available via a mobile device. These include (i) the ability to download content from the Service via a mobile device, (ii) the ability to upload content to the Service via a mobile device, (iii) the ability to browse the Service and the Site from a mobile device (collectively, the “Mobile Services”). Your wireless service carrier’s standard charges, data rates and other fees may apply. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes.

2.7 Money Back Guarantee:
Comito will refund the full amount of your purchase and subsequently terminate your access to the Service upon request when the sooner of 30 days after purchase lapse, or 30% of the purchased video course is consumed. This policy is applicable unless required by law in your jurisdiction. Accounts which have violated the terms of service are not eligible for refunds. Violations are determined at Comito's sole discretion. We reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund if we determine that you have abused our refund policy. To request a refund, email Support at admin@comito.co.

3. Conditions of Use
3.1 User Conduct:
Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Comito.

We do not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.

You must not upload, store, distribute, send, transmit, display, perform, make available, or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including any reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), regardless of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Services, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.

We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Comito shall have the right, but not the obligation, to use such feedback on an unrestricted basis.

You agree that you will not use the Service to:

Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Comito, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Comito or its users to any harm or liability of any type;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Violate any applicable local, state, national or international law, or any regulations having the force of law;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 13 (or 16 in the European Union);
Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
3.2 Fees:
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment option and provide Comito information regarding your credit card or other payment instrument. You represent and warrant to Comito that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Comito the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and this Terms of Service. You hereby authorize Comito to bill your payment instrument in accordance with the terms of the applicable payment option (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Comito know within sixty (60) days after the date that Comito charges you. We reserve the right to change Comito's prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Comito's net income.

3.3 Special Notice for International Use; Export Controls:
Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

3.4 Commercial Use:
Unless otherwise expressly authorized herein or by Comito in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

4. Intellectual Property Rights
4.1 Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Comito, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Comito from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Comito, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Comito.

The Comito name and logos are trademarks and service marks of Comito (collectively the “Comito Trademarks”). Other Comito, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Comito. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Comito Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Comito Trademarks will be to our exclusive benefit.

4.2 Third Party Material:
Under no circumstances will Comito be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Comito does not pre-screen content, but that Comito and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Comito and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Comito, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

4.3 User Content Transmitted:
Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant Comito, its affiliated companies and partners (including but not limited to Comito instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Comito, its affiliated companies or partners are non-confidential and Comito, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Comito may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Comito, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4.4 Copyright Complaints:
Comito respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Comito of your infringement claim in accordance with the procedure set forth below.

You may contact us by mail at:


Comito

245 Shrader St

San Francisco, CA 94117

To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

4.5 Counter-Notice:
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Comito will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

4.6 Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, Comito has adopted a policy of terminating, in appropriate circumstances and at Comito's sole discretion, users who are deemed to be repeat infringers. Comito may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

5. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Comito has no control over such sites and resources and Comito is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Comito will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Comito is not liable for any loss or claim that you may have against any such third party.

6. Social Networking Services
You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Google (“Social Networking Services”). We may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.

However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Comito shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Comito is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Comito is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Comito enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

7. Indemnity and Release
To the fullest extent permitted by law, you agree to release, indemnify and hold Comito and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

8. Disclaimer of Warranties
Except as otherwise expressly provided herein, Comito expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Comito makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

9. Limitation of liability
You expressly understand and agree that comito will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if comito has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In no event will comito’s total liability to you for all damages, losses or causes of action exceed the amount you have paid comito in the last six (6) months, or, if greater, one hundred dollars ($100).

Some of the above limitations set forth above may not apply to you if your jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.

10. Binding Arbitration & Class Action Waiver
You and Comito agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 10 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

If you have any dispute with us, you agree that before taking any formal action, you will contact us at Comito, 245 Shrader Street, San Francisco, CA 94117 and admin@comito.co, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For residents outside the United States, arbitration will be held in San Francisco, California, and you and Comito agree to submit to the personal jurisdiction of any federal or state court in San Francisco, California in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

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 of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. 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 written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Comito shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorneys’ fees and expert witness costs unless Comito is otherwise specifically required to pay such fees under applicable law. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.

You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and comito agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Comito at the address identified in Section 14 below. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Comito also will not be bound by them. If Comito changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Comito' email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Comito in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

You understand and agree that the above dispute procedures shall be your sole remedy in the event of dispute between you and comito regarding any aspect of the service and that you are waiving your right to lead or participate in a lawsuit involving other persons, such as a class action.

11. Termination
Comito may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. You acknowledge and agree that Comito may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Comito will not be liable to you or any third party for any termination of your access to the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities.

12. Disputes Between Users
You are solely responsible for your interactions with any other user in connection with the Services and Comito will have no liability or responsibility with respect thereto. Comito reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

13. Contact
Please contact us at 245 Shrader St, San Francisco, CA 94117 or admin@comito.co to report any violations of these Terms of Service or for clarity regarding these Terms of Service or the Services offered by Comito.
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