Please read these Terms carefully to ensure that you understand each provision. These Terms contain a mandatory mutual individual arbitration provision in Section 14.2 (the “Arbitration Agreement”) and a mutual class action/jury trial waiver provision in Section 14.3 (the “Class Action/Jury Trial Waiver”) that require, subject only to the specified exceptions in Sections 14.2 and 14.3 or unless you opt out pursuant to the instructions in Section 14.2, the exclusive use of final and binding arbitration on an individual basis only to resolve disputes, rather than jury trials or class, collective, private attorney general, or representative actions or proceedings.
Our Service. Someday is a disclosed ticketing agency selling tickets via the Service (“Tickets”) on behalf of event organizers, artists and venues of music, entertainment, sports and similar events (each, an “Event”). These Terms apply those purchasing Tickets for events (“Consumers”), and anyone else who accesses or visits the Service. Someday retains sole discretion to prioritize, categorize, highlight, and otherwise modify the method of Consumers discovery of Events, including through search results and tagging, in order to improve service quality and for other purposes.
1.1. Eligibility. This is a contract between you (“you”, “your”, or “User”) and Someday. You must read and agree to the terms and conditions of these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Someday, and only in compliance with these Terms and all applicable local, state, federal, national, and international laws, rules and regulations. You must be at least 18 years of age to use the Services. If you are 13 or older, you may only use the Services under the supervisions of a parent or legal guardian who manages your use and/or account. The Service is not available to any Users previously removed from the Service by Someday.
1.2. Limited License. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal use, in each case, as permitted by the features of the Service. Someday reserves all rights not expressly granted herein in and to the Service and the Someday Content (as defined below). Someday may terminate the license granted in this section at any time for any reason or no reason.
1.3. User Accounts You may be required to register an account on the Service (your “User Account”) in order to gain access to certain of the Service’s functionalities. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity, with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to Someday with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. You must notify Someday immediately of any breach of security or unauthorized use of your User Account. Someday will not be liable for any losses caused by any unauthorized use of your User Account.
1.4. Relationship with Someday
(a) No Warranties
Someday does not operate the venues used in connection with the Events and does not employ individuals or engage entities to provide Events. Someday operates as an online marketplace that connects Consumers with Events. Regardless of whether a particular artist or venue appears as “vetted,” “verified” or something similar, the Service is intended as an information resource and not an advisory service; it is your responsibility to determine the quality and credibility of information obtained, as well as the reasonableness of relying on such information for a particular use.
Someday does not make any representations about, or guarantee the truth or accuracy of, any Feedback, and does not guarantee any User’s suitability for any purpose (regardless of whether a particular Event appears as “vetted,” “verified” or something similar).
Users hereby acknowledge that Someday does not supervise, scope, direct, control or monitor the venues, Events or Tickets or anything else an Event may offer or provide through or in connection with the Service and expressly disclaims (to the extent permitted by law) any responsibility and liability for the Events and anything else a venue may offer or provide in any manner in connection with the Tickets, including but not limited to, any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, statute, ordinance, regulation, or code. You hereby irrevocably and forever waive any and all claims you may have with respect to the foregoing.
Someday makes no representations about and does not guarantee, and you agree not to hold Someday responsible for: the quality, safety, or legality of any services performed by venue or at the event; a venue’s failure to provide an Event or any other promised service, or the ability of an Event to deliver services; the ability of an Eventto pay sums due in connection with any services provided through or in connection with the Service. You hereby irrevocably and forever waive any and all claims you may have with respect to the foregoing.
1.5. Changes to the Service. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your User Account and/or access to the Service, without notice and without liability, for any reason, including if, in our sole determination, you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
1.6. Service Location. The Service is controlled and operated from facilities in the United States. Someday makes no representations that the Service is available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to, export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
1.7. Feedback. For the purposes of these Terms, “Feedback” means composite or compiled feedback about and from Users. You acknowledge, agree and understand that Feedback does not constitute and will not be construed as an introduction to, or endorsement or recommendation of, any User by Someday, and that Someday provides Feedback solely for the convenience of Users. You further acknowledge, agree and understand that Someday will make Feedback available to other Users on or through the Service, and may make Feedback available on Events Profiles. Someday provides Feedback as a means through which Users can share their opinions of other Users publicly, and Someday does not monitor, contribute to or censor these opinions. You agree not to use the Feedback to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
Our Proprietary Rights
Except for User Content you create, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Someday Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Someday and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Someday Content. Use of the Someday Content for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to, or we may invite you to, submit comments or ideas about the Service, including, without limitation, about how to improve the Service (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Someday under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Someday does not waive any rights to use similar or related ideas previously known to Someday, or developed by its employees, or obtained from sources other than you.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to ourPurchase Terms and Policies
, which are hereby incorporated by reference herein, as we may update them from time to time. For any transaction you make through the Service, you agree that a certain percentage of the total transaction amount, as described in the Purchase Terms and Policies, may be paid to or retained by Someday, and you acknowledge that we may update this percentage and/or our compensation scheme from time to time. You also acknowledge that any transaction made through the Service may be subject to Third-Party Fees (as defined below), as described in the Pricing and Payment Terms. Someday may add new services for additional fees and charges, and may add or amend fees and charges for existing services, at any time, in its sole discretion. Any change to our Purchase Terms and Policies shall become effective in the billing cycle following notice of such change to you as provided in these Terms. Unless otherwise expressly agreed by Someday in writing, Consumer will not pay an Event directly for any services provided through or in connection with the Service.
3.2. Payments by Users
Consumer agrees to pay Someday all Ticket Fees on the terms set forth herein and in the Pricing and Payment Terms. Someday will process and collect the Fees in accordance with these Terms and the Pricing and Payment Terms.
Upon Consumer’s payment of Ticket Fees to Someday, Consumer’s payment obligation for the Event is extinguished in an amount equal to the payment for Ticket Fees made to Someday, and Someday is responsible for remitting such Ticket Fees to any other involved parties (less any applicable Third-Party Fees).
Ticket Fees may vary and are non-refundable. Consumers who believe they have been improperly charged and require a refund are asked to contact Someday at firstname.lastname@example.org
3.3. Payment Information; Taxes. All information that you provide in connection with a monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay all applicable taxes, if any, relating to any monetary transaction interactions with the Service.
3.4. California Residents. The provider of services is set forth herein. 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 or (916) 445-1254.
No Professional Advice. Information provided through the Service (for example, information related to the quality of a particular Event) is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including, without limitation, by any automated or non-automated “scraping”; (ii) using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Someday servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Someday grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from https://www.someday.fm
(or any successor URL) for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email or otherwise violating any anti-spam, consumer protection or privacy law, rule or regulation by using another User’s email address; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personal information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on the use of the Service or the content therein; or (xiii) accessing any audiovisual content that may be available on the Service in any manner other than that permitted by the functionality of the Service.
. We care about the privacy of our Users. You understand that by using the Service you acknowledge and understand that your personal information will be collected, used, and disclosed as set forth in our Privacy Notice
. You also understand that your personal information will be collected, used, transferred to, and processed in the United States or any other country in which Someday or its parent, subsidiaries, affiliates, or service providers maintain facilities.
Security. Someday cares about the integrity and security of your information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.
Text Messages. You expressly consent and agree that Someday can contact you using written, electronic, or verbal means, including by manual dialing, emails, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry.
We offer you the chance to enroll to receive recurring text messages from Someday. You may enroll to receive text messages about account-related news and alerts and/or marketing and promotional offers for Someday products and services. By enrolling in Someday’s text messaging service, you agree to receive text messages from Someday to your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such texts. You acknowledge and agree that the texts may be sent using an automatic telephone dialing system and that standard message and data rates apply. Consent is not required as a condition of purchase. Someday is not responsible for any delays upon sending or receiving text messages.
To unsubscribe from text messages at any time, reply STOP to any text message you receive from Someday. You consent that following such a request to unsubscribe, you may receive one final text message from Someday confirming your request. For help, reply HELP to any text message you receive from Someday or contact us at email@example.com.
Third-Party Links and Information. The Service may contain links to third-party materials that are not owned or controlled by Someday. Someday does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and Someday’s Privacy Notice do not apply to your use of such sites. You expressly relieve Someday from any and all liability arising from your use of any third-party website, service, or content, including, without limitation, User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Someday shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Release and Indemnity
You hereby agree to release Someday from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Service.
You agree to defend, indemnify and hold harmless Someday and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including, without limitation, any right of privacy or Intellectual Property Rights; (iv) your interactions with other Users; (v) your violation of any applicable law, rule or regulation; (vi) User Content or any other content that is submitted via your User Account, including, without limitation, misleading, false, or inaccurate information; (vii) your negligence, recklessness or willful misconduct; or (viii) any other party’s access and/or use of the Service with your unique username, password or other appropriate security code.
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Someday or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Someday, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
Further, Someday does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Someday will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Someday, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Someday be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Someday assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content, Feedback, or the defamatory, offensive, or illegal conduct of any third party. In no event shall Someday, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Someday hereunder or US$50.00, whichever is lesser.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Someday has been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
13.1. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of the State of California. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights or proprietary rights, as set forth in the Arbitration Agreement, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles County, California is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the Arbitration Agreement is found to be unenforceable.
13.2. Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Someday. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and Someday that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) the Service, including access to or use of the Service, as well as receipt of any advertising, marketing, or other communications from Someday; © any transactions through, by, or using the Service; or (d) any other aspect of your relationship or transactions with Someday (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your acceptance of these Terms.
If you are a new User, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing Someday at firstname.lastname@example.org
with your full name and stating your intent to opt-out of this Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding governing law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at email@example.com
and to attempt to resolve the Claim with us informally. In the unlikely event that Someday has not been able to resolve a Claim it has with you within sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by the American Arbitration Association (“AAA
”) before a single arbitrator (the “Arbitrator
”), under the Expedited Procedures then in effect for AAA (the “Rules
”), except as otherwise provided herein, or as otherwise determined by the Arbitrator. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org
, where the Rules are also available. The arbitration will be conducted in Los Angeles County, California, unless you and Someday agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any AAA filing and administrative and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction, on an individual basis only, without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and Someday agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable, or relating to any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to contract formation and whether the Terms, or any provision of the Terms, are unconscionable or illusory.
Notwithstanding anything to the contrary, nothing in this Arbitration Agreement shall be deemed as preventing Someday from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its data security, Intellectual Property Rights or other proprietary rights; or as preventing you from asserting claims in a small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of this Arbitration Agreement, which shall remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
13.3. Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This mutual waiver applies to class arbitration, and, unless we agree otherwise, the Arbitrator may not consolidate more than one person’s Claims. You and Someday mutually agree that the Arbitrator may award relief only to an individual claimant and only to the extent necessary to provide relief on your individual claim(s). Any relief awarded may not affect other Users. You and Someday further agree that, by entering into these Terms, you and Someday are each waiving the right to a trial by jury or to bring, join, or participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind as a plaintiff or class member.
- 14.1. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Someday without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- 14.2. Notification Procedures and Changes to these Terms. Someday may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Someday in its sole discretion. Someday reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in these Terms. Someday is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Someday may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Terms. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of the terms of these Terms or any future Terms of Service, do not access or use (or continue to access or use) the Service.
- 14.3. Entire Agreement/Severability. These Terms, together with the Purchase Terms and Policies and any amendments and any additional agreements you may enter into with Someday in connection with the Service, shall constitute the entire agreement between you and Someday concerning the Service. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the Class Action/Jury Trial Waiver, the entire Arbitration Agreement shall be unenforceable.
- 14.4. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Someday’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- 14.5. Contact. Please contact us at firstname.lastname@example.org with any questions regarding these Terms.