Terms and Conditions
PREVUE ONLINE CONDITIONS OF USE
Last Updated: January 14th 2025
These Conditions of Use (“Conditions of Use") govern your access to and use of the Prevue mobile app, and any other online services offered by Nox Life, LLC (“Nox Life”) or Prevue that link to these Conditions of Use. It is important that you be aware of the various conditions on using our websites.
BY VISITING THIS SITE, YOU ARE ACKNOWLEDGING AND AGREEING TO THESE CONDITIONS OF USE. NOX LIFE RESERVES THE RIGHT TO CHANGE THESE CONDITIONS OF USE AT ANY TIME AND WITHOUT PRIOR NOTICE. BY USING THIS WEBSITE, YOU ARE AGREEING IN ADVANCE TO THE CURRENT AND FUTURE CONDITIONS OF USE. IF YOU OBJECT TO THESE CONDITIONS OF USE OR ANY FUTURE CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THE SITE. CONTINUED USE OF THE SITE FOLLOWING THE EFFECTIVE DATE OF ANY SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF SUCH CHANGES.
THESE CONDITIONS OF USE CONTAIN AN ARBITRATION PROVISION WITH CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. IT REQUIRES THAT DISPUTES BE RESOLVED INDIVIDUALLY IN BINDING ARBITRATION OR SMALL CLAIMS COURT. DISPUTES IN ARBITRATION AND SMALL CLAIMS COURT ARE RESOLVED WITHOUT A JURY TRIAL AND WITH LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT.
Please read these Conditions of Use carefully as they, together with any additional terms to which you agree when using particular elements of the site, constitute the entire agreement regarding the site and set forth the legally binding terms governing your visit to and use of this site. These Conditions of Use apply to all persons who visit or use this site, regardless of your level of participation. IF YOU DO NOT AGREE TO ANY OF THESE CONDITIONS OF USE, PLEASE DO NOT USE THE SITE.
1. United States Market Only
All information posted on this site is intended for the U.S. market only and will be interpreted under and governed solely by U.S. law. If you access this site from a location outside the U.S., you are responsible for compliance with all applicable non-U.S. laws and regulations.
This site contains information regarding Prevue and services. To the extent applicable, all pricing information is given in U.S. dollars. They are subject to change at any time without prior notice.
2. Account Access
[Your email address and password] ("Account Credentials") are required to access your Prevue account and to use certain services available on our site. Unauthorized access to or use of your Prevue account is prohibited. You agree that you will notify Nox Life immediately if you believe that a third party has obtained your Account Credentials, or if you believe that any unauthorized access or use may occur or has occurred. For your protection, if Nox Life believes that any unauthorized access may occur or has occurred, we may terminate such access without prior notice to you. You also agree that Nox Life is permitted to act upon any instructions received using your Account Credentials and to consider such instructions as authorized by you. Neither Nox Life nor any of our affiliates or licensors will be liable for any loss that you may incur as a result of someone else using your Account Credentials or Prevue account, either with or without your knowledge. However, you could be held liable for losses incurred by Nox Life, our licensors, or another party due to someone else using your Account Credentials or Prevue account. You may not use another website user's Account Credentials or account at any time, with or without the permission of the account holder.
3. Copyrights and Trademarks
The materials displayed on this website, including but not limited to all text, audio, video, images, photographs, illustrations, artwork, animation files and other graphics, names, logos, trademarks, and service marks, are property of Nox Life or its members, managers, affiliated companies or its licensors and are protected by copyright, trademark, and other intellectual property laws. This site may be displayed, downloaded, and/or printed solely for your personal, non-commercial home use, provided that you do not delete or modify any copyright, trademark, or other proprietary notices. Any other use of the material on this site without the prior written consent of Nox Life is strictly prohibited. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo.
4. Third-Party Materials
Prevue may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Nox Life is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Nox Life does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. This site may contain links to third-party websites that are not owned or controlled by Nox Life including but not limited to links to websites for Event Venues ("Third-Party Websites"). Nox Life has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Websites. In addition, Nox Life will not and cannot censor or edit the content of any Third-Party Website. By clicking on links, you expressly relieve Nox Life and its members and managers from any and all liability arising from your use of any Third-Party Website, or from the content of any Third-Party Website. When using a Third-Party Website, you should be aware when you leave Nox Life’s Prevue site, and you should read the terms and conditions and privacy policy of each Third-Party Website that you visit.
NOX LIFE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NOX LIFE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
5. Collection and Use of Your Information.
You acknowledge that when you download, install, or use Prevue, Nox Life may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of Prevue. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using Prevue or certain of its features or functionality, and Prevue may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy [INSERT AS LINK TO MOBILE APP PRIVACY POLICY]. By downloading, installing, using, and providing information to or through Prevue, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
6. Content and Services.
The Prevue mobile app may provide you with access to Prevue's website located at (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Prevue mobile app may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by this Conditions of Use and Privacy Policy located at and [PRIVACY POLICY LINK], which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Conditions of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of Prevue's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
7. Updates.
Nox Life may from time to time in its sole discretion develop and provide Prevue updates, which may include, but is not limited to, upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Nox Life has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of Prevue and be subject to all terms and conditions of this Agreement.
8. Term and Termination.
(a) The term of Agreement commences when you download Prevue or acknowledge your acceptance and will continue in effect until terminated by you or Nox Life.
(b) You may terminate this Agreement by deleting Prevue and all copies thereof from your Mobile Device.
(c) Nox life may terminate this Agreement at any time without notice if it ceases to support Prevue, which Nox Life may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) All rights granted to you under this Agreement will also terminate; and
(ii) You must cease all use of Prevue and delete all copies of Prevue from your Mobile Device and account.
(e) Termination will not limit any of Nox Life’s rights or remedies at law or in equity.
9. No Warranties or Representations
PREVUE IS PROVIDED TO END USERS "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NOX LIFE, ON ITS OWN BEHALF AND ON BEHALF OF ITS MEMBERS, MANAGERS, AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS, REPRESENTATIVES, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NOX LIFE OR ITS MEMBERS, MANAGERS, AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE REPRESENTATIVES, LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE TOOL OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR PREVUE.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR NOX LIFE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
11. Use This Site at Your Own Risk
Entry into this site is at the user's risk. Nox Life, its affiliates and licensors, and the parties involved in creating, producing, or delivering this site are not liable for any direct, indirect, consequential, incidental, punitive, or any other type of damages, losses, costs, or expenses (including but not limited to legal and expert fees) that may arise either as a result of accessing or the inability to access this site. This includes, without limitation, liability for damages or injuries resulting from browsing this site, downloading any materials from it, or from such causes as computer viruses, software or hardware malfunctions, or any other errors, problems, failures, or delays in computer operation in general or in network transmission.
12. Unsolicited Suggestions and Ideas
Communications or materials you submit to us via this site are transmitted on both a non-confidential and a non-proprietary basis. Nox Life is not responsible for harm you or others may suffer as a result of any disclosure or use of materials you send to us on this site. This includes submission of unsolicited product concepts or ideas as well as any other type of ideas or suggestions. Without making any judgment on their content or quality, it has been our longstanding company policy to discourage unsolicited suggestions or ideas. If you do transmit unsolicited ideas or suggestions to us, you acknowledge and agree that they become our property and that Nox Life, its affiliates, and designees may use those ideas or suggestions in any manner, at any time, and for any reason they choose with no obligation to pay you compensation.
Any content or other submissions made by you on the site are subject to the terms of the [INSERT Consent and Release] for user-generated content, the terms of which are incorporated herein. BY USING THIS SITE AND PROVIDING CONTENT OR OTHER SUBMISSIONS, YOU ARE AGREEING TO THE TERMS OF THE CONSENT AND RELEASE FOR USER-GENERATED CONTENT AND YOU WILL BE BOUND BY THE TERMS OF SUCH CONSENT AND RELEASE.
13. Prohibited Uses
You agree to refrain from transmitting to or posting on this site any materials that are inappropriate, obscene, lewd, offensive, or in any way unlawful. Although Nox Life and other parties involved in creating or maintaining this site may from time to time review transmissions or postings by third parties, in so doing they assume no responsibility or liability that may arise from the content of those transmissions or postings. That liability rests solely on the sender.
Without limiting and in addition to the foregoing, you shall not (and shall not permit others to):
modify, disassemble, reverse engineer, copy, translate, create derivative works of, or otherwise tamper with or duplicate in any manner the site;
create or use any script or automated tool that attempts to create multiple ways to access or use the site;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the site, or any features or functionality of the site, to any third party for any reason, including by making the site available on a network where it is capable of being accessed by more than one device at any time;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the site, including any copy thereof;
interfere with the operation of site or another's use of the site;
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the site; or
impersonate any person or entity, or provide any false information that is required for obtaining access to the site.
If you engage in any of the above activities or otherwise violate these Conditions of Use, your right and license to use the site will terminate effective immediately. In addition, you may be subject to legal action.
14. Linking, Crawling, and Archiving
If you would like to link to this site, you must comply with the following guidelines:
Do not incorporate any content from this site into your site (e.g., by in-lining, framing or creating other browser or border environments around the website content). You may only link to, not replicate, the site content;
You may not use any Nox Life, LLC trademarks, logos, designs or service marks in your links;
You may not create the appearance of a relationship or affiliation with Nox Life, LLC; and
Your site may not contain offensive, distasteful, illegal or inappropriate content.
If you would like to use a web crawler or other search tool to gather information from the site, you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.
15. Indemnity and Hold Harmless
You agree to indemnify, defend, and hold harmless Nox Life and its officers, directors, members, managers, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of Prevue or your breach of this Agreement, including but not limited to the content you submit or make available through Prevue.
16. Specific Product Information
You should consult specific Event Venues and Third-Party Websites for specific product and other information. This website should not be used or relied upon as a substitute for information available from Event Venues and Third-Party Websites.
17. Application Marketplace Providers
Unless expressly stated, these Conditions of Use do not modify any other terms set forth in any mobile application marketplace, including, but not limited to, the Apple App Store Terms and Conditions and Google Play Terms of Service or as otherwise required by any application marketplace provider ("Application Marketplace Provider"). You acknowledge and agree that these Conditions of Use are between you and Nox Life and not between you and any Application Marketplace Provider. You further acknowledge that Nox Life is solely responsible for our mobile applications. The Application Marketplace Provider has no obligation whatsoever to provide any maintenance and support services with respect to our mobile applications.
18. Connection Charges
Our mobile application transmits data via your wireless carrier or an accessible Wi-Fi network. You are solely responsible for any and all telecommunications, data, or other connectivity charges incurred through your use of our mobile application. Nox Life is not responsible or liable for any data charges associated with the use of the application. The mobile application may occasionally be restricted, interrupted or discontinued due to conditions including, but not limited to, application design, network coverage, government regulation, or other situations beyond Nox Life's control.
19. Push Notifications | Location-Based Features
We may provide you with emails, text messages, push notifications, alerts and other messages related to our mobile application and services, such as application updates and enhancements, changes to these Conditions of Use, and other information relating to Nox Life's products and services. After downloading our mobile application and during account registration, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the application, you may opt out by changing your notification settings on your mobile device. Please note that certain push notifications are required for the application to function properly.
Our mobile application may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the application will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the application to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how our mobile application uses and retains your information, please read our Privacy Policy at [INSERT PRIVACY POLICY LINK].
20. ADA Compliance
Nox Life welcomes all guests to our online services. We are always working to ensure the accessibility of our web and mobile platforms for every visitor and are interested in suggestions for improvement. If you find any aspect of this site inaccessible or difficult for people with disabilities, we encourage you to contact us and describe the issue you encountered or the feature you think could be improved. We will take your suggestions under advisement as we continue to make our services more accommodating to all.
21. Severability
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement, is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
22. Entire Agreement
This Agreement and our Privacy Policy constitute the entire agreement between you and Nox Life with respect to Prevue and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to Prevue.
23. Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
ARBITRATION PROVISION
A. Definitions
This Arbitration Provision shall be interpreted broadly. As used in this Arbitration Provision, these terms are defined as follows:
i. “Dispute” means any claim or controversy arising from or relating to Your relationship with Nox Life, for example any: (a) theories of liability, whether based in contract, tort, statute, or otherwise; (b) claims that arose before this Agreement; (c) claims that arise after the cancelation or expiration of this Agreement; and (d) claims that are the subject of purported class action litigation. “Dispute” does not, however, include any issues relating to the existence, scope, validity, or enforceability of this Arbitration Provision.
ii. “You” means You and any intended or unintended beneficiaries of Your rights under this Agreement.
iii. “Nox Life” means Nox Life, LLC and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, service providers, and independent contractors, and each of their officers, directors, employees, and agents.
B. Arbitration or Small Claims Court
All Disputes shall be resolved individually in either: (a) binding arbitration; or (b) small claims court if the claim is for money damages and the amount claimed is within the jurisdiction of that court. In arbitration, there is a neutral arbitrator rather than a judge. In arbitration and small claims court, there is no jury and there is less discovery and less appellate review than in court.
C. Procedures for Arbitration
i. This Arbitration Provision is governed by the Federal Arbitration Act. Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when Notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision will govern. If there is a conflict between this Arbitration Provision and the AAA Rules, this Arbitration Provision will govern. If the AAA will not administer an arbitration in accordance with this Arbitration Provision, You and Nox Life will agree on (or, if necessary, petition a court of competent jurisdiction to appoint) an arbitration organization that will do so.
ii. The party commencing an arbitration should follow the instructions on the AAA website, including sending the AAA a “Demand for Arbitration” (available on its website), paying a filing fee, and mailing a copy of the Demand for Arbitration to the opposing party. If You commence the arbitration, You must send a copy to Nox Life, LLC, 32 BROADWAY SUITE 1212, NEW YORK CITY, NY, UNITED STATES, 10004, ATTN: LEGAL - ARBITRATION OF DISPUTE. If Nox Life commences the arbitration, Nox Life must send a copy to Your residential address.
iii. If multiple arbitrations involving similar claims against Nox Life are pending, You and Nox Life shall jointly petition the AAA to coordinate those matters to promote efficiency. That coordination may include, for example, having similar matters assigned to the same arbitrator (either for all purposes or for the purpose of deciding an issue that turns on the same factual or legal questions) or having pre-hearing discovery apply to multiple matters. Nothing in this paragraph, however, provides any right or authority for a Dispute to be resolved as part of a class action, collective action, or other representative action. (See Section G, below.)
iv. Unless You and Nox Life agree otherwise, an arbitration will be conducted by a single arbitrator and any hearing will take place in the county where You reside.
v. The arbitrator will issue a written decision that explains the essential findings and conclusions. The arbitrator’s award may be entered in a court of competent jurisdiction only as necessary to enforce the award.
vi. Neither the fact nor the substance of any settlement demand, offer, or negotiation may be revealed to the arbitrator before a final award has been issued.
D. Right to Arbitral Fees and Costs
The payment of the AAA’s fees and costs will be governed by the AAA Rules except as follows:
i. If Nox Life commences an arbitration, Nox Life will pay all of the AAA’s fees and costs.
ii. If You commence an arbitration and state under penalty of perjury that You cannot afford to pay the AAA filing fee, Nox Life will pay the filing fee if the AAA does not waive that fee. If Nox Life determines that Your representation regarding Your ability to pay was false, however, it may seek to recover that fee from You.
iii. If You commence an arbitration and the aggregate value of Your claim is less than $10,000, (a) You will only be responsible for paying the lesser of the AAA filing fee or the filing fee that You would have paid in the small claims court in the county where you reside, and (b) Nox Life will pay the rest of the AAA’s fees and costs. If Nox Life has received more than twenty-five (25) Notices of Dispute or Demands for Arbitration asserting similar claims, however, the payment of the AAA’s fees and costs will be governed by the AAA Rules.
iv. No matter who commences an arbitration, if the arbitrator finds that a claim was frivolous or asserted for an improper purpose, the party asserting the claim will reimburse the other party for any fees and costs that the party asserting the claim would have been obligated to pay under the AAA Rules.
v. No matter who commences an arbitration, You may pay up to half of the AAA’s fees and costs if You wish to do so.
E. Right to Attorneys’ Fees and Costs in Arbitration
You may hire attorneys to represent You in arbitration. You are responsible for their fees and costs. You may recover them from Nox Life to the same extent as in court. If the arbitrator finds that a claim was frivolous or brought for an improper purpose, the other party may recover its attorneys’ fees and costs to the same extent as in court.
F. Effect of Rejecting Settlement Offers
If the outcome of a legal action is less favorable to the party seeking relief than a settlement offer that party rejected, that party must pay all of the fees and costs (including reasonable attorneys’ fees) incurred by the other party after the offer was made.
G. Waiver of Class and Representative Actions
i. WHETHER IN ARBITRATION OR COURT, YOU AND NOX LIFE WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION, OR OTHERWISE SEEK REDRESS FOR ALLEGED INJURIES TO THIRD PARTIES. This waiver is a material and essential part of this Arbitration Provision and cannot be severed from it.
ii. WHETHER IN ARBITRATION OR COURT, YOU AND NOX LIFE WAIVE THE RIGHT TO SEEK PUBLIC INJUNCTIVE RELIEF. This waiver is not a material or essential part of this Arbitration Provision and can be severed from it by a court of competent jurisdiction. If, after exhaustion of all appeals, such a court refuses to enforce this waiver with respect to a particular claim or request for relief, You and Nox Life will jointly petition the court to decide that claim or request for relief only after all other claims and requests for relief have been decided.
H. Right to Reject This Arbitration Provision
You may opt out of this Arbitration Provision by sending Nox Life written notice by certified mail, postmarked no later than thirty (30) days after the Effective Date, to Nox Life, LLC, 32 BROADWAY SUITE 1212, NEW YORK CITY, NY, UNITED STATES, 10004, Attention: Legal Department. Notices not mailed to that address and postmarked by that date will not be effective. Your decision will not adversely affect Your relationship with or service from Nox Life.
I. Right to Reject Changes to this Arbitration Provision
You may reject changes to this Arbitration Provision by sending Nox Life written notice by certified mail, postmarked no later than thirty (30) days after Your first receipt of notice of a change, to Nox Life, LLC, 32 BROADWAY SUITE 1212, NEW YORK CITY, NY, UNITED STATES, 10004, Attention: Legal Department. Notices not mailed to that address and postmarked by that date will not be effective. Your decision will not adversely affect Your relationship with or service from Nox Life.
J. Survival
This Arbitration Provision shall survive the cancellation or expiration of the Agreement.