End User License Agreement

Woggle Trading Limited’ PC Health Aid License Terms:

 

These license terms are an agreement between Woggle Trading Limited (“Woggle Trading Limited” or the “Provider”) and you (“you”, “your”, or “Licensee”). Please read them. These terms apply to the PC Health Aid software (“PCHA” or “Licensed Software”), including the media on which you received it, if any. These terms also apply to any updates, supplements, and support services for PCHA, unless other terms accompany those items. If so, those terms apply.

By selecting “I accept the agreement” or using PCHA, you accept these terms. If you do not accept them, do not select “I accept the agreement” and/or do not use PCHA.

Please do not download PC Health Aid if you are under 18 years of age.

If you are a resident or citizen of, or located in, the United States of America when purchasing PCHA, please be aware that this EULA provides for Class Action Waiver (as set forth below, the “Class Action Waiver” provision) and for your Disputes (as defined below) with Woggle Trading Limited to be referred to binding arbitration (as set forth below, in the “Dispute Resolution” provision), which may affect your rights under this EULA. You may opt out of the binding individual arbitration and class action waiver as provided below.

1.    Use Rights.

PCHA is licensed on a per computer basis. If you comply with this agreement, for each license you acquire, you may install and use one copy of PCHA. You may not share a license you acquire nor may you install PCHA on more computers for which you have purchased licenses.

(a) Full Retail Version.

The licensed full retail version of PCHA will contain full functionality and you will be provided support services in the English language and upgrades for the period which you purchased PCHA (the “Term”).

After the “Term”, the license key of the program will stop working and the program will convert to the trial version. You will have to purchase another license key to continue using the full retail version of PCHA.

(b) Evaluation or Trial Version.

If PCHA is an evaluation or trial version, it may contain limited functionality and/or cease operating after the designated trial period. This license will terminate after such period unless extended by Woggle Trading Limited upon your acquisition of a full retail version of PCHA. If PCHA is an evaluation or trial version, you agree that Woggle Trading Limited may periodically offer you, through in-product or stand-alone reminders or email (if you provide it to us), the opportunity to upgrade to the full retail version.

2.    Privacy.

You understand that by using the Licensed Software, you consent and agree to the collection and use of certain information about you and your use of the Licensed Software in accordance with Provider’s Privacy Policy. You further consent and agree that Provider may collect, use, transmit, process and maintain information related to your Account, and any devices or computers registered thereunder, for purposes of providing the Licensed Software, and any features therein, to you. Information collected by Provider when you use the Licensed Software may also include technical or diagnostic information related to your use that may be used by Provider to support, improve and enhance Provider’s products and services. For more information, please read Provider’s full privacy policy at pchealthaid.com/privacy . You further understand and agree that this information may be transferred to the United States and/or other countries for storage, processing and use by Provider, its affiliates, and/or their service providers. You hereby agree and consent to Provider’s and its partners’ and licensors’ collection, use, transmission, processing and maintenance of such location and account data as stated in the privacy policy that can be found here: pchealthaid.com/privacy .

The Provider may collect and use information transmitted through PC Health Aid. Any personal information pertaining to you, which may be held by the Provider, shall be processed in accordance with the Company’s Privacy Policy – as it exists at any relevant time.

You should refer to Woggle Trading Limited’ privacy policy, available at pchealthaid.com/privacy for a more detailed explanation of how your information may be stored and used by Woggle Trading Limited. You hereby agree to the collection and use of such information or data by Woggle Trading Limited.

3.    THIRD PARTY PRODUCTS

Links in the Company’s website or during the download process of the PC Health Aid to other services or products of third parties are not and will not be considered as offers of the Provider and you hereby agree that the Provider shall assume no liability of any kind for any losses or damages You may incur in connection with such services or products of third parties.

4.    SOFTWARE UPDATES

If the Licensed Software is an update or an upgrade (collectively an “Update”) unless indicated otherwise – any Update provided is subject to the terms of this End User License. If the Provider will elect so, it may provide automatic Updates to you. You hereby agree to receive automatic updates to the PC Health Aid at any time. You further agree that there shall be no obligation on the Provider’s part to inform you of or furnish you any such updates. The Provider may charge recurring fees for the Updates.

5.    No Performance Warranty.

Woggle Trading Limited specifically disclaims any representation or warranty for the amount of performance increase or utility provided by PCHA. PCHA will not necessarily increase performance or provide a utility benefit on your computer, and Woggle Trading Limited makes no claim of specific deficiency, defect, or underperformance with respect to your computer. Any claims of performance increases or utility made for PCHA are those of possible or potential improvement or utility, and no representation or warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall result in any performance increase or utility benefit from PCHA.

6.    Your Feedback.

If you give feedback about PCHA to Woggle Trading Limited, you give to Woggle Trading Limited, without charge, the right to use that feedback for any purpose. You will not give feedback that is subject to a license that requires Woggle Trading Limited to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.

7.    Scope of License.

PCHA is licensed, not sold. PCHA is protected by copyright, patent and other intellectual property laws and treaties. This agreement only gives you some rights to use PCHA. Woggle Trading Limited reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use PCHA only as expressly permitted in this agreement. In doing so, you must comply with technical limitations in PCHA that only allow you to use it in certain ways. You may not:

  • Work around the technical limitations in PCHA;
  • Reverse engineer, decompile or disassemble PCHA, except and only to the extent that applicable law expressly permits, despite this limitation;
  • Install on more computers or make more copies of PCHA than specified in this agreement or allowed by applicable law, despite this limitation;
  • Separation of Components. The Licensed Software is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER;
  • Publish PCHA for others to copy;
  • Distribute PCHA to any third party;
  • Rent, lease or lend PCHA; or
  • Transfer PCHA or this agreement to any third party.
  • USE FOR MISSION CRITICAL USE. You warrant that you understand and agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result in injury to persons or physical damage. Woggle Trading Limited specifically disclaims any express or implied warranty of fitness for such purposes.

8.    Support Services.

Woggle Trading Limited may provide you with support services related to PCHA. Additional terms may govern support services. Any supplemental software code provided to you as part of the support services or otherwise will be considered part of PCHA and subject to this agreement. Woggle Trading Limited is responsible for order fulfillment only and will provide customer support during its normal business hours. Woggle Trading Limited has contracted or may in the future contract with third parties to provide technical support for PCHA.

9.    U.S. Government Restricted Rights.

PCHA and its accompanying documentation are deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 “Commercial Computer Software – Restricted Rights” and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation”, as applicable, and any successor regulations. The manufacturer is Woggle Trading Limited Woggle Trading Limited, Agiou Andreou 192, Limassol Cyprus 3036. Any use, modification, reproduction release, performance, display or disclosure of PCHA by the U.S. Government shall be solely in accordance with the terms of this agreement.

10.    Export Restrictions.

PCHA is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to PCHA. These laws include restrictions on destinations, end users and end use. You agree not to export PCHA to any prohibited country, entity, or person for which an export license or other governmental approval is required. Obtaining necessary licenses and approvals is solely your obligation.

11.    DISCLAIMER OF WARRANTIES.

PCHA IS LICENSED “AS-IS” AND DEFECTS MAY CAUSE IT TO NOT FUNCTION PROPERLY. ALTHOUGH NOT INTENDED, AS WITH ALL COMPUTER SOFTWARE, IT IS POSSIBLE A DEFECT COULD CAUSE YOUR COMPUTER TO FUNCTION IMPROPERLY. YOU BEAR THE RISK OF USING PCHA. Woggle Trading Limited GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, Woggle Trading Limited EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PCHA IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS, OR ANY OTHER USE WHERE A SOFTWARE MALFUNCTION COULD CAUSE PROPERTY DAMAGE OR PERSONAL INJURY, AND Woggle Trading Limited SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

12.    Limitation on and Exclusion of Damages.

Woggle Trading Limited’ liability under this agreement is limited. You can recover from Woggle Trading Limited and its third-party suppliers only direct damages up to the greater of the amount that you paid for PCHA OR U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to anything related to PCHA, and any services, content (including code) on third party Internet sites, or third party programs, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Woggle Trading Limited knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.

13.    Legal Effect.

This agreement describes certain legal rights between you and Woggle Trading Limited. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired PCHA. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

14.   Governing Law.

This EULA is subject to, and will be governed by and construed in accordance with the substantive laws of Cyprus. This EULA will not be governed by the conflict of law rules of any jurisdiction, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

15.    LIMITED WARRANTY.

LIMITATION OF IMPLIED WARRANTY OR CONDITION. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.

APPLICATION TO ENTIRE PROMOTION, DOWNLOAD AND PURCHASE PROCESS. By accepting this EULA and continuing with your purchase you agree that the limitations of warranty and liability provided in this EULA shall be held to cover the entire purchase, download and checkout process from first sponsored advertising impression through the acceptance of this EULA. The purchase process shall be defined to include, without limitation, any commercial efforts by Woggle Trading Limited or its agents to market and promote this product to you as well as the checkout process intended to secure the sale, including the encryption and transmission of your data electronically to Woggle Trading Limited’ or its agents’ credit card transaction systems. If you do not agree with the application of these limitations to the entire promotion and purchase process, do not continue the checkout process.

LIMITATION OF CLAIM PERIOD. Any claim of defect or failure, regardless of applicable express or implied warranty, must be made to Woggle Trading Limited in writing at Woggle Trading Limited, Agiou Andreou 192, 3036 Limassol, Cyprus, within thirty (30) days of purchase. You agree that a failure to notify Woggle Trading Limited of any such claim within this thirty (30) day claim period completely releases Woggle Trading Limited of any responsibility, warranty or liability associated with the Licensed Software regardless of whether this warranty is created by your state/jurisdiction and federal or state/provincial law.

EVALUATION VERSION. For evaluation or limited functionality versions of the Licensed Software (“TRIALS”), which shall be considered to be any copy of the Licensed Software where no purchase price is paid prior to obtaining the software, you agree that your sole recourse to Woggle Trading Limited and to the party from which you obtained the free version for any defect or failure in the Licensed Software is to remove the Licensed Software from your computer at your own expense.

CUSTOMER REMEDIES. Woggle Trading Limited’ and its suppliers’ entire liability and your exclusive remedy shall be, at Woggle Trading Limited’ option, either (a) return of the price paid, if any, or (b) repair or replacement of the Licensed Software that does not meet Woggle Trading Limited’ Limited Warranty and which is returned to Woggle Trading Limited with a copy of your receipt (or sufficient identifying information to be able to retrieve your purchase information in lieu thereof, at Woggle Trading Limited’ sole discretion). This Limited Warranty is void if failure of the Licensed Software has resulted from accident, abuse, or misapplication. Any replacement Licensed Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Woggle Trading Limited are available without proof of purchase from an authorized international source.

LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Woggle Trading Limited or its agents, officers or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Licensed Software or the advertising of the Licensed Software or the provision of or failure to provide Support Services, even if Woggle Trading Limited has been advised of the possibility of such damages. In any case, Woggle Trading Limited’ entire liability under any provision of this EULA or any responsibility or liability created by the laws of your state/jurisdiction shall be limited to the amount actually paid by you for the Licensed Software. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

NOT FOR MISSION CRITICAL USE. You warrant that you understand and agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result in injury to persons or physical damage. Woggle Trading Limited specifically disclaims any express or implied warranty of fitness for such purposes.

BACKUP RESPONSIBILITY. The Licensed Software is a system utility, and as such can make irreversible changes to the state of computer on which it is run and that Woggle Trading Limited cannot accurately predict or ensure the outcome in all possible scenarios, and therefore purchaser agrees to make and test a complete system backup, and a backup of all personal information, before operating the Licensed Software. You agree that you accept all responsibility for reversing or correcting any changes made by the Licensed Software.

NO PERFORMANCE WARRANTY. Woggle Trading Limited specifically disclaims any warranty for the amount of performance increase or utility provided by the Licensed Software. By purchasing this software and accepting this EULA you specifically agree that you understand that no representation or warranty is made by Woggle Trading Limited that the Licensed Software will necessarily increase performance or provide a utility benefit on your computer, and that no claim of specific deficiency, defect, or underperformance has been made with respect to your computer. Any claims of performance increases or utility made for the software are those of possible or potential improvement or utility, and no warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall see a performance increase or utility benefit from the Licensed Software. Your sole remedy for any dissatisfaction with the presence of or the degree or amount of performance improvement or utility shall be limited to the customer remedies described above.

NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Woggle Trading Limited and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the Licensed Software, and the provision of or failure to provide Support Services. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING, OR LICENSE AGREEMENTS THAT MAY ACCOMPANY THE PRODUCT ITSELF. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Woggle Trading Limited AND ITS AGENTS, OFFICERS, AND SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, OF FAILURE TO PREVENT VIRUSES OR TROJANS, OF FAILURE TO PREVENT UNAUTHORIZED ACCESS OR USE ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, HERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.

16.    DISPUTE RESOLUTION.

IF YOU ARE RESIDING IN, LOCATED IN, CITIZEN OF A EUROPEAN UNION MEMBER STATE, OR ANYWHERE OTHER THAN THE UNITED STATES, WHEN PURCHASING THE LICENSED SOFTWARE, THE FOLLOWING DISPUTE RESOLUTION MECHANISM APPLIES TO YOU:

Any dispute arising out of, or in connection with this EULA shall be referred to the exclusive jurisdiction of the Courts of Cyprus.

IF YOU ARE RESIDENT, LOCATED IN, CITIZEN OF THE UNITED STATES, WHEN PURCHASING THE LICENSED SOFTWARE THE FOLLOWING DISPUTE RESOLUTION MECHANISM APPLY TO YOU:

This provision facilitates the prompt and efficient resolution of any Disputes that may arise between you and Provider. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your Disputes in a court, either before a judge or jury.

Please read this Provision carefully. It provides that all Disputes between you and Provider (as defined below, for this Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).

For the purpose of this Provision, “Provider” means Provider and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Provider regarding any aspect of your relationship with Provider, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, you must first give Provider an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Provider to Woggle Trading Limited, Agiou Andreou 192, 3036 Limassol, Cyprus. That written notification must include (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek. If Provider does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, you or Provider may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Provider, Legal Department to: Woggle Trading Limited, Agiou Andreou 192, 3036 Limassol, Cyprus. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Provider through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with Provider. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures. If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”), either you or Provider may initiate arbitration proceedings. JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because this EULA and the Licensed Software concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration. You or Provider may initiate arbitration in either Los Angeles, California or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, Provider may transfer the arbitration to Los Angeles, California in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.

Payment of Arbitration Fees and Costs. Provider will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Provider as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Provider specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above “Exclusions from Arbitration/Right to Opt Out”, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Licensed Software can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver. You understand and agree that by entering into this agreement you and Provider are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Provider might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

Review by Arbitrator. Any dispute regarding this Provision, including the enforceability of this Provision or the arbitrability of any Dispute as provided in this Provision, shall be for the arbitrator to determine.

Continuation. This Provision “DISPUTE RESOLUTION” shall survive the termination of your use of the Licensed Software and any related Provider websites or services.

Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of you and Woggle Trading Limited, and both you and Woggle Trading Limited shall have the right to prevent any actual or threatened breach of this confidentiality provision by temporary, preliminary or permanent injunctive or declaratory relief in an appropriate court of law.

17.    Entire Agreement; Severability.

This agreement and any amendments to it, and the terms for supplements, updates, and support services are the entire agreement for PCHA and the support services. This agreement will be construed and enforced in accordance with the laws of Cyprus applicable to contracts entered into and performed in Cyprus to the maximum extent permitted by law. If for any reason any provision of this agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) such provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) such invalidity or unenforceability will not affect any other provision of this agreement.

18.    MODIFICATION

This EULA may only be modified, supplemented or amended by Provider by posting it at Provider’s website: pchealthaid.com .

19.   CONTACT US

For any questions or inquiries regarding this EULA, please contact: [email protected]