Terms & Conditions
Tikhit.com ("Tikhit," "we," "us," "our") provides its services to you ("You," "Your") through various websites (including www.Tikhit.com) and its related applications and services (collectively, the “Service(s)” which terms includes any new features, services and applications offered by us from time to time), subject to the following Terms & Conditions (as amended from time to time, the “Agreement”).
USE OF THE SERVICE. By registering for the Service You certify that You are at least 18 years of age. You agree that the information You provide during the registration process, and the information You provide from time to time while using the Service, will be true, accurate and current. It is a violation of federal criminal laws to knowingly or willfully obtain information from a consumer reporting agency under false pretenses. If Tikhit has any reason to suspect You have provided untrue, inaccurate or non-current information it may, in its sole discretion, terminate this Agreement (or suspend, terminate, or otherwise restrict Your use of and access to any part(s) of the Service) at any time, without notice. You agree not to: use the Service in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service; 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; interfere with or disrupt the Service or servers or networks connected to the Service; violate any terms which may be applicable for any particular area of the Service; violate any applicable local, state, national or international law, or any regulations having the force of law; 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.
YOU UNDERSTAND AND AGREE THAT THE SERVICES SHALL NOT INCLUDE THE PLACING OF FRAUD ALERTS WITH ANY CONSUMER REPORTING AGENCIES.
THIRD PARTY SOFTWARE. In the event that the Service you are procuring hereunder includes third party software, You acknowledge that Your use of third party software may be subject to the license terms associated with such third party software. Tikhit hereby disclaims any liability or responsibility with respect to any such third party software.
SERVICE FEES. The Service may be subject to fees (as designated by Tikhit at its website - www.Tikhit.com). In such event, you shall pay all applicable fees, as described on the website. All fees are in U.S. dollars unless stated otherwise on the website. All fees are payable upon demand on a Visa, MasterCard or American Express credit card (or by such other method as authorized by Tikhit in writing). Tikhit reserves the right to change its fees (and to institute new charges) for the Service at any time.
In the event Tikhit offers You a free trial of the Service, such free trial shall only be available if You are a first time customer of the Service. Only one free trial may be redeemed per household. You must have internet access and a valid credit card or debit card to take advantage of a free trial offer. We will begin billing You for monthly or annual subscription fees corresponding to Your subscription plan plus any applicable tax at the end of your free trial membership period unless you cancel prior to the end of your free trial.
You hereby authorize Tikhit (or its third party provider) to verify your credit/debit card by running pre-authorization hold transactions against such credit/debit card.
MEMBERSHIP TERM. Unless terminated earlier pursuant to the terms and conditions of this Agreement, Your Service membership will continue for the period of time specified on Tikhit’s website. As specified on the website, Your membership subscription may be subject to automatic renewal. Tikhit may, in its sole discretion, terminate this Agreement (or suspend, terminate, or otherwise restrict Your use of and access to the Service) at any time, without notice.
TERMINATION AND CANCELLATION FOR RECURRING BILLING PRODUCTS.You may terminate this Agreement at any time by ceasing all use of the Services or by notifying Tikhit or doing so through your Tikhit account. We may terminate this Agreement, at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Agreement. You agree that termination of this Agreement will not relieve you of any obligation to pay any accrued charges. You shall be charged the full amount of the fee for the month in which the Services were terminated after the 14th. You shall not be charged the full amount of the fee for the month in which the Services were terminated on, or before, the 14th. All sections which by their nature should survive the expiration or termination of the Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement. Tikhit will send you one final invoice after cancellation for any unpaid transaction fees. There is no pro-rated refund or discount provided when an account is cancelled. A cancellation means that no future rebills are charged to the customer's account. The cancellation of a recurring billing product does not generate a refund.
REFUND POLICY FOR DIGITAL PRODUCTS.Our return policy for all Tikhit digital products is as follows: Tikhit will, at its discretion, allow for the return or replacement of any digital product within 60 days from the date of purchase. For recurring billing products, returns for more than one payment may be provided if requested within the standard 60 day return period.
Defining Returns and Cancellations When a customer reaches us by phone or email, our first response is to assist in getting technical support or customer service for the customer for the product that they purchased. However, in some cases a product may be unsatisfactory to the customer for reasons completely beyond our control, in which case a return or a cancellation may be processed.
If a customer requests a return, the money for the requested transaction is refunded back to the customer. If the return is for a recurring billing product, then the return policy allows for the most recent payment to be returned. Multiple payment returns can be provided as long as they are within Tikhit's Return Policy. A return on a recurring billing product will also result in a cancellation.
If customers request a cancellation for their recurring billing product, no future rebills will be charged to their account. Cancellation will not generate a return - it will only stop any future rebills.
Details of Tikhit's Return Policy
Returns will only be credited back to the account used to make the original purchase. If the original account has been closed, the purchase is not eligible for return.
When a sale is returned, the customer receives a 100% refund.
Reasons Why a Sale May Be Refunded Tikhit has every incentive to keep customers happy by providing quality products and service. To ensure customer satisfaction, Tikhit reserves the right to reverse a sale, including but not limited to the following:
- If the customer provides a valid reason for requesting a return within 60 days of purchase;
- If the customer provides a valid report that the charge was fraudulent or unauthorized;
- In order to comply with credit card industry rules, PayPal terms of service, U.S. law, and requests from verified US judiciary or law enforcement agents; or
- For any other reason Tikhit deems appropriate.
Abuse of the Return Policy Customers requesting serial or repeated returns may be blocked from making further purchases.
CUSTOMER SUPPORT. The type of customer service to which You are entitled is determined by the service in which you have enrolled. If, for example, You have enrolled in a service for which You have not paid Tikhit, You may be entitled to no customer support or support only via email.
CREDIT REPORTS. If the service delivers You the ability to access Your free annual credit report, You hereby authorize Tikhit to request Your free annual credit report, as permitted under Section 211 of the Fair and Accurate Credit Transactions Act, once per year from all three national consumer reporting agencies. Reports will be requested within 30 days after the date of commencement of Your Service membership and will be delivered to You directly from the respective consumer reporting agency. Tikhit does not warranty that the national consumer reporting agencies will deliver a credit report to You following our request on Your behalf.
TRADEMARK RIGHTS. The Tikhit product and service names referenced in this website, including without limitation TIKHIT, the TIKHIT Logo (“Tikhit Marks ”) are trademarks or registered trademarks of Tikhit. in the United States and/or in other countries. Your use of the Tikhit Marks is governed by the Tikhit’s trademark usage requirements. Other products and company names mentioned on the website may be the trademarks of their respective owners.
COPYRIGHT NOTICE. Copyright Notice: Copyright (c) 2004 -2010 Tikhit, Inc. All Rights Reserved. Except as otherwise provided, Tikhit owns all content contained in this website, including without limitation the information, materials, text, graphics, website design, and the selection, assembly and arrangement thereof (“Content ”). The Content is protected by copyright and other laws of the U.S. and other countries and may not be used for any commercial purpose or copied, distributed, displayed, modified, reproduced, performed, published, posted or reverse engineered in whole or in part without the prior written permission of Tikhit. For more information regarding our copyright policies please email firstname.lastname@example.org or send regular mail to Ari Elbogen, VP Business Development, My Driver Alert LLC, 3839 FLATLANDS AVENUE SUITE 208, BROOKLYN, NY 11234.
LINKING POLICY. You are granted a limited, non-exclusive right to create a hypertext link to this website provided that such link (i) does not portray Tikhit and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner; and (ii) does not imply any sponsorship, approval, endorsement or affiliation of your website with the website or products or services provided by Tikhit. This limited linking right may be revoked at any time. You may not modify or alter the appearance or Content of the home page or website, nor use framing techniques to enclose any Tikhit trademark, logo or other proprietary information, including the images found at this website, the content of any text or the layout/design of any page or form contained on a page without Tikhit’s express written consent. To obtain consent, please email email@example.com or send regular mail to Ari Elbogen, VP Business Development, My Driver Alert LLC, 3839 FLATLANDS AVENUE SUITE 208, BROOKLYN, NY 11234. You are granted only a limited license and nothing herein grants you any rights in or to (i) any Tikhit Marks; (ii) the Content of the website; nor (iii) any other intellectual property or proprietary rights of Tikhit. The license may be revoked at any time for any reason.
LIMITED WARRANTY AS A MEMBER OF THE SERVICE, TIKHIT HEREBY PROVIDES YOU WITH THE FOLLOWING LIMITED WARRANTY ('LIMITED WARRANTY '): Tikhit warrants to you, the registered customer of this Service that the Service will perform substantially in accordance with any written specifications provided to You by Tikhit during the entire term of Your subscription.
Remedy: IF THE SERVICE FAILS TO COMPLY WITH THE LIMITED WARRANTY, TIKHIT SHALL USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE FAILURE AS YOUR SOLE REMEDY (EXCEPT AS PROVIDED IN THE NEXT SENTENCE). IF (AND ONLY IF) YOU SUFFER A STOLEN IDENTITY EVENT (AS DEFINED BELOW) AS A DIRECT RESULT OF SUCH BREACH OF WARRANTY AND YOU ARE A SUBSCRIBER TO Tikhit's SERVICES ("COVERED SERVICES"), TIKHIT SHALL ALSO PROVIDE YOU WITH THE BENEFITS AND RESTORATION SERVICES (BOTH AS DEFINED BELOW). HOWEVER, FOR CLARITY, THE BENEFITS AND RESTORATION SERVICES DETAILED BELOW ONLY APPLY TO COVERED SERVICES (AND NOT TO ANY OTHER SERVICE OFFERED BY TIKHIT) AND ARE IN ALL CASES SUBJECT TO THE LIMITED WARRANTY LIMITS BELOW.
STOLEN IDENTITY EVENT A "Stolen Identity Event " is the theft or Your personal identification, social security number, or other information that would allow a third party to identify You, which has or could reasonably result in the wrongful use of such information in a manner that may affect your credit, including, but not limited to, Stolen Identity Events occurring on or arising out of Your use of the Internet. A Stolen Identity Event does not include the theft or unauthorized or illegal use of Your business name, d/b/a or any other method of identifying Your business activity. You agree that Tikhit is not an insurance company, not a credit repair organization, is not a credit counseling service and does not promise to help You improve Your credit history or rating. You agree that, except as expressly and unambiguously set forth in the Benefits section below, Tikhit will not make payments to You or otherwise be liable or responsible for any loss, damage or liability You may incur in any way related to a Stolen Identity Event (or otherwise), including, without limitation, any monetary, financial or other economic loss, theft or damage of any kind.
YOUR SOLE REMEDY, AND THE EXCLUSIVE LIABILITY OF TIKHIT FOR ANY VIOLATION OF THE LIMITED WARRANTY IS THE FOLLOWING:
BENEFITS Tikhit shall reimburse You for only the following ("Benefits "):
- Necessary costs incurred by You in the United States for re-filing applications for loans, grants or other credit instruments that are rejected solely as a result of a Stolen Identity Event.
- Necessary costs incurred by You in the United States for notarizing affidavits (or other similar documents), and long distance telephone calls and postage, incurred solely as a result of Your efforts to report a Stolen Identity Event and/or amend or rectify records as to Your true name or identity as a result of a Stolen Identity Event.
- Necessary costs incurred by You for up to six credit reports from established credit bureaus (with no more than two reports from any one credit bureau) dated within twelve (12) months after You become aware of a Stolen Identity Event.
Actual lost wages earned in the United States, whether partial or whole days, for time reasonably and necessarily taken off work and away from Your work premises solely as a result of Your efforts to amend or rectify records as to Your true name or identity as a result of a Stolen Identity Event. Actual lost wages includes remuneration for vacation days, discretionary days, floating holidays, and paid personal days but not for sick days or any cost arising from time taken from self-employment. Coverage is limited to wages lost within twelve months after Your discovery of a Stolen Identity Event. If You have enrolled in a Service for which You have paid Service fees to Tikhit, the amounts payable by Tikhit under this “Lost Wages ” section shall not exceed the greater of (a) four (4) weeks of Your lost wages and (b) $5,000.00. If you have enrolled in a Service requiring you to pay no Service fees to Tikhit, the amounts payable by Tikhit under this “Lost Wages ” section shall not exceed the greater of (a) four (1) week of Your lost wages and (b) $500.00.
Legal Defense Fees and Expenses
Necessary fees and expenses incurred in the United States by You (after obtaining Tikhit's express prior written consent) for an attorney expressly approved by Tikhit in writing for (and only for):
Defending civil suits brought against You by a creditor or collection agency or entity acting on behalf of a creditor for non-payment of goods or services, or default on a loan, directly resulting from a Stolen Identity Event; and appealing any civil judgment wrongfully entered against You as a result of the Stolen Identity Event.
Tikhit shall provide to You only the following restoration services ("Restoration Services "):
- Providing You with an information package including a description of the resolution process, educational articles, and guidance for avoiding future complications ("Tikhit Claims Kit ").
- Reviewing Your credit files with You to determine the accuracy of the file and potential areas of fraud.
- Notifying (as needed) Your affected creditors, financial institutions, credit card companies, utility providers, and merchants of the identity fraud.
- Providing information to the Federal Trade Commission (FTC), and to other government agencies as appropriate.
- When appropriate, providing assistance with obtaining and reviewing Your Social Security Personal Earnings and Benefits Statement.
- Creating and maintaining a case file to document the identity fraud.
Restoration Services will only be performed by Tikhit after Tikhit's receipt from You of written authorization to undertake such services. Restoration Services are subject to Tikhit's standard practices and procedures and may be modified by Tikhit at anytime time (including, without limitation, as Tikhit deems reasonably necessary given the nature of the applicable Stolen Identity Event).
LIMITED WARRANTY LIMITS
NOTWITHSTANDING ANYTHING TO THE CONTRARY, Tikhit's MAXIMUM LIABILITY (INCLUDING, WITHOUT LIMITATION, FOR ANY AMOUNTS REIMBURSED TO YOU OR OTHERWISE EXPENDED) UNDER THIS LIMITED WARRANTY SHALL NOT EXCEED, IN THE AGGREGATE, FOR ALL STOLEN IDENTITY EVENTS (REGARDLESS OF THE CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, YOUR OWNERSHIP OR USE OF MULTIPLE SUBSCRIPTIONS TO THE SERVICE): (A) ONE MILLION DOLLARS ($1,000,000) IF YOU ARE A SUBSCRIBER TO (AND Tikhit's BREACH OF WARRANTY RELATES TO) Tikhit's SERVICES, AND (B) FIFTY THOUSAND DOLLARS ($50,000) IF YOU ARE A SUBSCRIBER TO (AND Tikhit's BREACH OF WARRANTY RELATES TO) Tikhit's IDSAFE SERVICES OR ANY OTHER COVERED SERVICES. FOR CLARITY, TIKHIT SHALL HAVE NO LIABILITY OR OBLIGATION WITH RESPECT TO THE BENEFITS AND RESTORATION SERVICES DESCRIBED ABOVE (OR WITH RESPECT TO ANY STOLEN IDENTITY EVENT) UNLESS YOU ARE A SUBSCRIBER TO (AND Tikhit's BREACH OF WARRANTY RELATES TO) A COVERED SERVICE.
LIMITED WARRANTY CONDITIONS AND EXCLUSIONS This Limited Warranty provides benefits to You for a Stolen Identity Event only if:
- You report such Stolen Identity Event to Tikhit at 1-888-54-TRUST as soon as You become aware of such event, but in no event later than thirty (30) days after the Stolen Identity Event is first discovered by You.
- You strictly follow all instructions set forth in the Tikhit Claims Kit, and otherwise provided to You by Tikhit for such Stolen Identity Event. These instructions may require You to, among other things, notify major credit bureaus, the Federal Trade Commission’s Identity Theft Hotline and appropriate law enforcement authorities of such Stolen Identity Event.
- At the time of the Stolen Identity Event and Your discovery of such event, You are a current, registered subscriber to the Service ("Subscriber "). For clarity, You will not have the right to receive any Benefit with respect to Stolen Identity Events that occur prior to the time You are a Subscriber, or that are discovered by You after You are no longer a Subscriber.
- You are otherwise in full compliance with all other terms and conditions for use of the Service (including, without limitation, the term of use located at www.tikhit.com/terms).
If Tikhit finds that You misrepresented any information required by Tikhit to provide the Benefits, or misrepresented that You were Subscriber when Your information was misused, or misrepresented any information required for You to become Subscriber, You agree to promptly reimburse Tikhit for any amounts Tikhit has paid in connection with Your Benefits claim, including, without limitation, any costs Tikhit incurs to collect such amounts from You. If You are found, or Tikhit reasonably believes you are, (i) guilty of a crime related to any loss which You attribute to identity theft, or (ii) otherwise responsible for the Stolen Identity Event, Tikhit shall be entitled to recover all Benefit amounts paid on Your behalf with respect thereto.
WARRANTY DISCLAIMER. Your membership to the Service is provided as a tool for protecting Your (and Your Partner's) personal information and identity, however, it does not offer a guarantee of information and identity protection. Neither You nor Your Partner should rely on the Service as the only tool or means of protecting Your personal information and identity.
EXCEPT FOR THE LIMITED WARRANTY, THE SERVICE IS PROVIDED ‘AS IS’ AND WITHOUT WARRANTY OF ANY KIND. TIKHIT, AND ITS REPRESENTATIVES, SUPPLIERS AND LICENSORS (WHICH FOR PURPOSES OF THIS ‘WARRANTY DISCLAIMER’ SECTION INCLUDES, WITHOUT LIMITATION, ALL THIRD PARTY SOFTWARE PROVIDERS) HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. TIKHIT AND ITS REPRESENTATIVES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES THAT ANY OF THE PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENT WILL BE PROVIDED THROUGH ANY OR ALL OF THE CONSUMER REPORTING AGENCIES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING WARRANTY DISCLAIMER, NEITHER TIKHIT, NOR ANY OF ITS REPRESENTATIVES, SUPPLIERS, OR LICENSORS MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE INFORMATION PROVIDED TO YOU OR CONTAINED IN YOUR CREDIT REPORT, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR INACCURACY OF SUCH INFORMATION. FURTHER AND WITHOUT LIMITING THE FOREGOING, TIKHIT, AND ITS REPRESENTATIVES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES THAT (A) THE REPORTING AGENCIES WILL PROVIDE SERVICES, USE INFORMATION, OR OTHERWISE ACT IN ACCORDANCE WITH ANY REQUEST FROM TIKHIT OR ITS SUPPLIERS AND LICENSORS, (B) THE REPORTING AGENCIES WILL EMPLOY SECURITY MEASURES THAT ARE SUFFICIENT TO PROTECT INFORMATION PROVIDED TO THEM (INCLUDING YOUR PERSONAL INFORMATION), (C) ANY SECURITY MEASURES THAT ARE EMPLOYED WILL SUCCESSFULLY PROTECT ANY INFORMATION, (D) THE REPORTING AGENCIES WILL MAINTAIN ANY INFORMATION (INCLUDING YOUR PERSONAL INFORMATION) IN CONFIDENCE, OR OTHERWISE NOT DISCLOSE SUCH INFORMATION TO THIRD PARTIES, (E) THE REPORTING AGENCIES WILL CONDUCT THEIR ACTIVITIES IN ACCORDANCE WITH ANY LAW, AGREEMENT, OR POLICY, OR (F) ACCESS TO ALL CONSUMER REPORTING AGENCIES (OR ANY PARTICULAR CONSUMER REPORTING AGENCY) WILL BE INCLUDED WITH RESPECT TO ANY OF THE PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL TIKHIT OR ITS REPRESENTATIVES, SUPPLIERS, LICENSORS (WHICH FOR PURPOSES OF THIS ‘WARRANTY DISCLAIMER’ SECTION INCLUDES, WITHOUT LIMITATION, ALL THIRD PARTY SOFTWARE PROVIDERS), OR ANY THIRD-PARTY LINKED THROUGH THIS AGREEMENT OR THE SITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM USE OF THE SERVICE. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN OUR LIMITED WARRANTY, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL TIKHIT OR ITS REPRESENTATIVES, SUPPLIERS, LICENSORS, OR ANY THIRD-PARTY LINKED THROUGH THIS AGREEMENT OR THE SITE BE LIABLE FOR ANY AMOUNT IN EXCESS, IN THE AGGREGATE OF THE MEMBERSHIP FEES PAID BY FOR USE OF THE SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF TIKHIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY. You shall indemnify and hold harmless Tikhit and its officers, directors, employees, agents, licensors, suppliers, representatives and any other third-party provider of information or services available through the Service or otherwise available from Tikhit from and against all claims, liabilities, damages and expenses, including, without limitation, reasonable attorneys' fees and expenses, resulting from Your use of the Service, any other products or services available from or through Tikhit or any violation of this Agreement by You.
OTHER RIGHTS. You understand and agree that the Fair Credit Reporting Act allows You to place fraud alerts on consumer reports and to obtain copies of annual credit reports for Yourself without charge. Accordingly, You also understand and agree that Your decision to pay for and receive Services under this Agreement has been made by you as a convenience, and is not legally required.
THIRD PARTY WEBSITES AND SERVICES This Service may provide, or third parties may provide, links or other access to other sites, services and resources on the Internet and otherwise, including reporting agencies ("Third Party Services "). Tikhit has no control over such Third Party Services and Tikhit is not responsible for and does not endorse such Third Party Services. You further acknowledge and agree that Tikhit shall 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 information, content, goods or services available on or through any such Third Party Services.
This Agreement is personal to You and may not be assigned or transferred without Tikhit's consent and any action or conduct in violation of the foregoing shall be void and without effect. Tikhit expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder without Your consent. This Agreement shall be governed by and construed under New York law, without regard to its choice of law principles.
Except as otherwise expressly provided in this Agreement, all disputes arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Brooklyn, New York, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving complex commercial contract disputes, who may or may not be selected from the appropriate list of JAMS arbitrators. If the parties cannot agree upon the identity of the arbitrator within fifteen (15) days following the date, then a single arbitrator shall be selected on an expedited basis in accordance with the Arbitration Rules and Procedures of JAMS. Any arbitrator so selected shall have substantial experience in complex commercial contract disputes. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute injunctive or other forms of equitable relief at any time in any court of competent jurisdiction. For all purposes of this Section, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.