Terms of Service

Effective: March 15, 2021

Binding Agreement

PLEASE READ THE FOLLOWING TERMS OFSERVICE CAREFULLY BEFORE USING THIS WEBSITE OR ANY PART OF THE PLATFORM.

For purposes of these Terms of Service, “you” and “your” means you as a user of the Platform. 

Your access and use of the Platform is conditional upon your acceptance of and compliance with these Terms of Service. By using or attempting to use this website or any part of the Platform you agree to be legally bound and to abide by these Terms of Service, as amended from time to time (the “Terms of Service”). “Using” or “attempting to use” includes without limitation visiting, browsing, clicking on links within, or accessing information, content, functionality and/or services offered via, any part of the Platform, whether as a guest, a visitor, or an Authorized User. 

If you do not agree with these Terms of Service or are dissatisfied with any part of the Platform or any other terms, conditions, rules, policies, guidelines, or our practices, your sole and exclusive remedy is to discontinue using the Platform and you should do so immediately. If you have any questions about these Terms of Service, you can email us at hello@commonpage.com

Definitions

“Affiliate” means in relation to any party, any person or entity to any degree owning, owned by or under common ownership with, such party or any person or entity effectively controlling, controlled by or under common control with, such party.

Authorized User” means a person who is properly granted Credentials and authorized to access and use the Platform.

Claim” means any third party claim, action, counterclaim, demand, lien, liability, loss, damage of every nature and type, judgment, fee, cost, expense (including reasonable attorneys’ fees) or any other form of claim or compensation, known or unknown. 

"CommonPage” (“we”, “our”) means CommonPage, Inc., a Delaware corporation having principal place of business at208 Lenox Avenue, #145, Westfield, NJ 07090, USA, and its Affiliates.

"CommonPage Parties” means CommonPage, its partners, licensors, merchants, information providers and others involved in the delivery of the Platform, and their respective shareholders, directors, officers, managers, members, employees, contractors, and agents.

Content” means text, graphics, logos, images, music, audio, video, software (including the underlying source code), features, services, and other materials, including any compilation, collection, or arrangement thereof, that are posted, generated, provided, or otherwise made available through the Platform.

 “Credentials” means a user identification and password that may be updated from time to time.

Feedback” means any comment, suggestion or idea provided by an Authorized User that could contribute to improving the Platform.

Intellectual Property Rights” means all intellectual property rights worldwide arising under statutory or common law, and whether or not perfected, including, without limitation, all (a)patents, patent applications and patent rights; (b) rights associated with works of authorship including copyrights, copyright applications, copyright registrations, mask work rights, mask work applications, mask work registrations; (c) rights relating to the protection of trade secrets and confidential information; (d) any other proprietary rights relating to intangible property, including trademark, trade dress and service mark rights; and (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as and to the extent applicable) now existing, hereafter filed, issued or acquired.

License Agreement” means a written agreement between CommonPage and a third party containing the terms and conditions under which such third party may access and use any part of the Platform.

Order Form” shall mean a form approved by CommonPage for requesting access to the Platform.

Personally Identifiable Information” means information that can personally identify any individual, including but not limited to any individual’s name or social security number, and/or any information deemed to be personally identifiable information under applicable federal and state laws.

Privacy Policy” means the privacy policy that can be accessed at https://commonpage.com/privacy-policy, as amended from time to time by CommonPage, at its sole discretion.

Registration Data” means information provided by an Authorized User upon creation of a user account through which such Authorized User can access and use the Platform, including but not limited to the person’s full name, company name and contact information.

Platform” means the computer hardware, computer software, methods, data, services and work product of any kind, that are provided directly to you by CommonPage or are accessible directly or indirectly via any software, web service or website provided or operated by or on behalf of CommonPage, including, without limitation: (a) any website provided by CommonPage, including but not limited to those using the top-level domain names www.commonpage.com,www.mycommonpage.com, or using sub-domains under these top-level domains; (b) any data or information, forming part of or used in creating or delivering any Content; (c) the format and organization of any User Content, and the integration and use of such data with other parts of the Platform (but excluding the User Content itself); (d) the methods used in the production of any Content not independently known to or developed by you or; (e) the source code, object code, scripts, text, screens, other computer programs and associated documentation that provide the graphical user interface and system to input, store, process, retrieve and output information in order to request, purchase, create, manage, deliver or access any Content; (f) the content, format and organization of information output used in any Content and (g) all updates, upgrades, enhancements and modifications to any of the foregoing, any derivations based on the foregoing and all Intellectual Property Rights related thereto.

Subscription” means a process that must be completed to access or use the Platform. “Taxes” means any taxes or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any jurisdiction.

Taxes” means any taxes or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any jurisdiction.

User Content” means any content, data or information that is non-public or in which a User has pre-existing Intellectual Property Rights and that is obtained by CommonPage from or through an Authorized User in connection with their use of the Platform.

Subscription

A Subscription allows an Authorized User to access the Platform and is required for each Authorized User. Each Subscription is for a single Authorized User for a specified term and is personal to that Authorized User. A Subscription may be procured by completing an Order Form, either through the Platform interface, or as otherwise agreed by CommonPage. The Subscription term, amount of any subscription fee, renewal, cancelation and any other related terms and conditions are specified in the Order Form and must be accepted before a Subscription can begin.

A valid payment method, including credit card, is required to process any license fee payment associated with your Subscription. You must provide CommonPage with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize CommonPage to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, CommonPage may attempt to charge the credit card on file one or more times. Should payment continue to fail, the Subscription will be cancelled.

You may cancel your Subscription either through your online account management page or by contacting CommonPage using hello@commonpage.com.

CommonPage may, at its sole discretion, offer a Subscription with a free trial for a limited time period. You may cancel at any time until the last day of any free trial period by following the cancellation procedures outlined in these Terms of Service. CommonPage may also cancel any free trial or modify the terms and conditions of any free trial at any time without notice. If you or CommonPage cancel a free trial, you acknowledge and agree that CommonPage may delete all your User Content or data on the Platform that is related to such free trial. If you do not cancel your Subscription during any such free trial period, then your free trial will be converted to a paid Subscription at the end of the trial period, and you hereby authorize CommonPage to charge your credit card or other payment method for continued use of the Platform under such paid Subscription. You may then however, cancel your Subscription in accordance with these Terms of Service.

CommonPage, in its sole discretion and at any time, may modify the Subscription fees for any Subscription. CommonPage will provide you with a reasonable prior notice of any change in Subscription fee to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Fees are stated exclusive of Taxes. You will be responsible for paying all Taxes associated with your Subscription, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you will reimburse CommonPage for such withholding tax.

Authorized User

By accessing or using any non-public portion of the Platform you represent and warrant that you are an Authorized User, which means that you have been personally assigned Credentials and been granted access to the Platform by CommonPage or by a third party that is subject to a current and effective License Agreement with CommonPage. All provisions of such License Agreement are incorporated herein, and in the event of any conflict between these Terms of Service and the License Agreement, the terms of the License Agreement will prevail. You understand and agree that the Platform can only be used as contemplated and allowed by the License Agreement and these Terms of Service. Capitalized terms used and not defined herein shall have the meanings given in the License Agreement.

As an Authorized User, you may be asked to create or maintain a user account. In connection with creating a user account, you must provide certain Registration Data. By creating a user account you agree: (a) that the Registration Data you provide shall be true, accurate, current and complete at the time you provide it; (b) to maintain and update such Registration Data to keep it true, accurate, current and complete; (c) that CommonPage may contact you and require you to confirm some or all of your Registration Data as a condition of using the Platform; and (d) that your Registration Data is governed by the CommonPage Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

CommonPage reserves the right to terminate your use of the Platform and to refuse to provide you with any and all current or future use of services if CommonPage determines, or is of the opinion, in its sole discretion that (i) any of your Registration Data is, or appears to be, untrue, inaccurate, not current or incomplete; (ii) someone other than you is attempting to access the Platform through your user account or Credentials or (iii) for any violation of these Terms of Service. We further reserve the right to send you electronic mail or other communication for the purpose of informing you about changes or additions to your user account or the Platform.

Nobody except an Authorized User may access or use any non-public portion of the Platform or Content. It is your personal obligation to keep your Credentials confidential and secure and you are responsible for all activities, charges and/or liabilities that occur from or are based upon your user account, whether, or not such activities, charges and/or liabilities are authorized by you. You must not share your Credentials with anybody else or permit anyone to access the Platform using your Credentials. You must immediately notify CommonPage if you have any reason to believe that the security or confidentiality of your Credentials has been compromised or that some other breach of your user account security has occurred or is threatened.

You may not use as a username the name of another person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

You may not use the Platform if you are 13 years of age or younger. By using the Platform, you represent and warrant that you are over the age of 13.

CommonPage shall not be liable for any loss or damage arising from your failure to comply with these Terms of Service.

Prohibited Uses

You agree not to use the Platform for any purpose that is prohibited by these Terms of Service or is otherwise illegal or harmful to others.

You are not authorized to use the Platform in any manner that could damage, disable, overburden, or impair the Platform (or the network(s) connected to the Platform) or interfere with any other party’s use and enjoyment of the Platform.

Specifically you agree not to do any of the following: (a) upload to, or transmit on the Platform any threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, indecent, obscene, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright or trademark protections, without permission from the copyright or trademark owner; (b) use the Platform to violate the legal rights of others including, without limitation, their rights of publicity and privacy; (c) intercept or attempt to intercept electronic mail not intended for your receipt; (d)misrepresent an affiliation with any person or organization; (e) restrict or inhibit other users’ use of the Platform; (f) upload or otherwise transmit, or introduce any corrupted data, file, virus, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful; (g) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Platform or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Platform); (h) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Platform to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same; (i) harvest or collect information about users of the Platform or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications; (j) use the Platform for any other unlawful purpose, including encouraging conduct that constitutes a criminal offense or gives rise to a violation of any law; or (k) access or use the Platform in any way not expressly permitted by these Terms.

You may not access, use, copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, distribute, sell, resell, or exploit for commercial purposes any portion of the Platform without the prior written consent of CommonPage. You agree not to modify or use any Content in any way that is contrary to applicable laws, detrimental to any of the CommonPage Parties or that might reasonably be considered false or misleading. You also agree not to alter or remove any copyright or other proprietary notices, trademark legend, author attribution or other notice placed on or contained in the Platform or any Content. You agree not to damage, interfere with, or disrupt access to the Platform ordo anything which may interrupt or impair its functionality.

Any unauthorized access to or use of the Platform or Content constitutes a breach of these Terms of Service and might also violate United States and international laws regarding copyrights, trademarks, trade secrets, and other proprietary rights. We reserve the right to monitor and track your visits to the Platform and your access and use of Content.

CommonPage reserves the right to withdraw access to the Platform, or Content and amend any service we provide on the Platform without notice. Without limiting the foregoing, if you breach or have threatened to breach any of these Terms of Service or are suspected of any breach, CommonPage may terminate your rights of access to the Platform immediately, without notice, liability, or further obligation to you. CommonPage will not be liable if for any reason any portion of the Platform is unavailable at any time or for any period.

CommonPage makes no representation that the Platform is appropriate for use in your location and accessing the Platform from a location where such action is illegal is prohibited. You acknowledge and agree that you are solely responsible for complying with all applicable laws and regulations and for obtaining appropriate regulatory and other approvals related to your access and use of the Platform.

Content

Any content and/or opinions uploaded, expressed, or submitted to a message board, chat room, newsgroup or similar communications service that may be available to you on or through the Platform and all articles and responses to questions, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of CommonPage. You understand and acknowledge that you are responsible for whatever content you submit, and you, not CommonPage, have full responsibility for such content, including its legality, reliability, and appropriateness.

You agree that User Content you post on the Platform will be accessible by and be available to other users of the Platform to whom you grant access to such User Content. Consequently, you understand and agree that such users will have the right to view, comment on, tag and copy your User Content. If you grant users additional permissions with respect to your User Content, you understand and agree that such users will, depending on the permissions you grant, have the right to use, publish, display, modify, or duplicate such User Content. You grant CommonPage all rights necessary to make any of your User Content available to other users of the Platform to whom who have granted access to such User Content and to permit those users to engage in the activities described in this Section with respect to such User Content.

By making any User Content available through the Platform, you hereby grant to CommonPage an irrevocable, non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute, and modify (for formatting purposes only), your User Content in connection with operating and providing the Platform to you and to other users, depending on the permission you grant them. Subject to the foregoing license, as between CommonPage and you, you retain all your rights to your User Content.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant CommonPage the license rights in your User Content under these Terms of Service. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Platform, nor any use of your User Content by CommonPage on or through the Platform will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

CommonPage reserves the right, but does not assume any responsibility, to remove from the Platform any material posted by you, which CommonPage, in its sole discretion, deems inconsistent with the foregoing commitments, including any material CommonPage has been notified, or has reason to believe, constitutes a copyright or other intellectual property right infringement. However, CommonPage can neither review all material prior to transmission on the Platform nor ensure prompt action with respect to objectionable material after it is transmitted on the Platform. Accordingly, CommonPage shall not have any liability for any action or inaction regarding transmissions, communications or other content that is provided by third parties.

CommonPage reserves the right at anytime and without notice to change, amend, or cease providing Content. We may also make improvements and/or changes to any products, programs, features, or services provided as part of the Platform at any time without notice.

CommonPage does not guarantee the timeliness, accuracy, or completeness of any Content. We are under no obligation to update or otherwise change Content. You must not rely on Content and you acknowledge and agree that you must take appropriate steps to verify Content before acting upon it. You acknowledge and agree that neither CommonPage nor any independent third-party Content providers shall have any liability, contingent or otherwise, for the accuracy, completeness, timeliness, or correct sequencing of Content, or for any decision or action you take or do not take because of accessing or using any portion of the Platform or in reliance on any Content.

Intellectual Property Rights

CommonPage does not claim any ownership rights in any User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, you acknowledge and agree that: (a) the Platform and every part thereof, including, without limitation, any modifications, enhancements and updates thereto, and any originals and copies thereof, in whole or in part, and all worldwide Intellectual Property Rights therein, arising under statutory or common law, and whether or not perfected, are and will remain the exclusive property of CommonPage and its licensors; (b) the Platform incorporates intellectual property of CommonPage and is protected by copyright, trademark, and other laws of the United States and foreign countries; (c) you may not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform; (d) CommonPage trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CommonPage; and (e) you have no rights in or to any part of the Platform other than the limited, revocable access and use rights explicitly granted under these Terms of Service.

CommonPage welcomes your Feedback. However, you acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Platform or in any such Feedback. All Feedback becomes the sole and exclusive property of CommonPage, and CommonPage may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to CommonPage all rights, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other Intellectual Property Rights) that you may have in and to any and all Feedback.

Links to Other Websites or Services

The Platform may contain links to third party web sites or services that are not owned or controlled by CommonPage. The Platform may also allow you to import or interface with third party applications or services.

CommonPage has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that CommonPage 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 such content, goods, or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit or with which you interact.

Indemnity

You agree to defend, indemnify, and hold harmless CommonPage and each of the CommonPage Parties from and against any and all Claims resulting from or arising out of (a) your access to and use of the Platform, by you or any person using your account or Credentials; (b) a breach of these Terms of Service; or (c) your User Content provided to the Platform.

Disclaimer

YOU USE THE PLATFORM AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR CONTRACTUAL OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

THE COMMONPAGE PARTIES MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, THE COMMONPAGE PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (A) THE PLATFORM OR ANY CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR FUNCTION UNINTERRUPTED; (B) THE PLATFORM WILL PERFORM IN ANY PARTICULAR OPERATING ENVIRONMENT OR AT ANY PARTICULA TIME OR LOCATION; (C) ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED; (D) THE PLATFORM OR THE SERVERS USED TO MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE PLATFORM OR THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Limitation of Liability

IN NO EVENT WILL ANY OF THE COMMONPAGE PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; (C) ANY CONTENT OBTAINED FROM THE PLATFORM; (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (E) ANY DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PLATFORM OR CONTENT CONTAINED OR TRANSMITTED ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY,  WHETHER OR NOT THERE IS NEGLIGENCE BY ANY OF THE COMMONPAGE PARTIES, WHETHER OR NOT ANY OF THE COMMONPAGE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTAIL PURPOSE.

Because some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of incidental or consequential damages set forth in the “DISCLAIMER” and “LIMITATION OF LIABILITY” sections above, liability of the CommonPage Parties in such jurisdictions shall be limited to the extent permitted by law. If, notwithstanding the above, any of the CommonPage Parties is found liable for any loss or damage relating to the use of the Platform, you agree that the aggregate liability of the CommonPage Parties shall in no event exceed, in the aggregate for all claims, the fee or charge you have paid to CommonPage in connection with the transaction from which your claim arises.

YOU AND COMMONPAGE EACH ACKNOWLEDGES THAT THE OTHER PARTY HAS RELIED UPON THE LIMITATIONS ON LIABILITY SET FORTH IN THIS AGREEMENT AND, BUT FOR THEIR INCLUSION HEREIN, WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the State of Delaware, without regard to the conflicts of law rules of that jurisdiction. Each party consents to the exclusive jurisdiction of the state and federal courts in the State of Delaware in connection with all disputes arising under or in relation to these Terms of Services and waives any objection to the propriety or convenience of venue in such courts.

EACH PARTY HEREBY WAIVES ITS RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE OR LEGAL PROCEEDING ARISING OUT OF THESE TERMS OF SERVICE OR INVOLVING ANY SITE OR CONTENT.

Arbitration

Notwithstanding any provision to the contrary contained in these Terms of Service, you agree that any dispute, controversy, or Claim arising out of or relating to your use of CommonPage’s services, including the Platform, will be resolved by arbitration. Any claim or action in relation to this Agreement must be brought within twelve (12) calendar months of the claimed cause of action.

You and CommonPage agree that any Claim will be finally settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms of Service). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

The arbitration award shall be in writing and be final and binding on you and CommonPage. You and CommonPage agree that the arbitrator shall be free to allow the prevailing party to recover all or any portion of its costs, disbursements, and reasonable attorney’s fees from the non-prevailing party following a final judgment. Judgment on the arbitration award may be entered in any Court of competent jurisdiction and shall be binding on you and CommonPage.

Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and CommonPage are each waiving the right to trial by jury or to participate in a class action or class arbitration.

Notwithstanding the foregoing, you and CommonPage will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to hello@commonpage.com or to the U.S. mailing address listed at in the Contact Us section of these Terms of Service. The notice must be sent to CommonPage within thirty (30) days of your registering to use the Platform or agreeing to these Terms of Service, otherwise you shall be bound to arbitrate disputes in accordance with these Terms of Service. If you opt-out of these arbitration provisions, CommonPage also will not be bound by them.

California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Changes

CommonPage reserves the right, at our sole discretion, to revise or replace these Terms of Service at any time. You are expected to check the Platform from time to time to take notice of any changes, as they are binding on you. By continuing to access or use the Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Enforcement

If any part of these Terms of Service is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Service shall remain in full force and effect.

CommonPage reserves the right to notify and provide law enforcement authorities with possible evidence of any use of the Platform or Content for illegal purposes.

No Waiver

No failure or delay on the part of CommonPage to exercise any right under these Terms of Service, no matter how long, shall constitute a waiver of or impair any such right. Neither a course of dealing or conduct between you and CommonPage nor any trade practices shall be deemed to modify these Terms of Service.

Entire Agreement

These Terms of Service, incorporating any License Agreement and the CommonPage Privacy Policy, as each may be amended from time to time, constitute the entire agreement between you and CommonPage with respect to the Platform. No prior agreements that might have been made between you and CommonPage with respect to the Platform, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect.

Our electronically or otherwise properly stored copy of these Terms of Service will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms of Service in connection with any action or proceeding arising out of or relating to these Terms of Service.

Contact Information

You may contact us regarding the Service or these Terms at: CommonPage, Inc., 208 Lennox Ave, #145, Westfield, NJ 07090 or via email to hello@commonpage.com.