Terms of Use

COPYRIGHT NOTICE

© 2016 SpeedCAT LLC, 500 Westover Drive Suite 9589 Sanford, NC 27330 USA. All rights reserved.

SpeedCAT LLC ("SpeedCAT") makes information and products available on this web site (the "Site"), subject to the following terms and conditions which apply to all materials, software, content, services, online communications and other information that is or becomes available on or through our Site (collectively, the "Material"). By accessing and using the Site, you hereby agree to be legally bound by the terms and conditions of these Terms of Use. If you do not agree to such terms and conditions, you must immediately cease all use of this Site and the Material.

The use of certain Material or the conduct of certain transactions on or through the Site may be subject to additional terms and conditions that shall be made available to you prior to your use of such Material or participating in such transactions. We reserve the right, in our sole discretion, to change, modify or otherwise alter the terms and conditions of these Terms of Use with or without notice to you. Such changes and/or modifications shall become effective immediately upon the posting thereof on the Site. SpeedCAT may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice to you. Your continued use of the Site shall constitute your continuing acceptance of any and all revised terms and conditions.

SpeedCAT's inclusion of Third Party Material (as defined below) on the Site shall not be construed as SpeedCAT's endorsement of any third party or the Third Party Material, and no rights or licenses are granted to you in the Third Party Material. You agree to defend and hold SpeedCAT harmless from any and all liability that may result from your use of the Third Party Material.

Upon written notice to you and at no additional cost to SpeedCAT, SpeedCAT may assign or transfer these Terms of Use, and any or all of SpeedCAT's rights and obligations hereunder, to any party. These Terms of Use shall be binding upon and inure to the benefit of permitted successors and assigns. For the purposes of these Terms of Use, "written notice" also includes email communication sent to the email address provided by you. SpeedCAT is not responsible for email communication not received by you for any reason.

1. INTELLECTUAL PROPERTY

The information on the Site is protected by copyright. Except as specifically permitted, no portion of the Site may be distributed or reproduced by any means, or in any form, without SpeedCAT's prior written consent.

"SpeedCAT" is a trademark of SpeedCAT LLC. Any trademarks, trade names, trade dress, service marks, logos, domain names, and URLs (collectively, the "Marks") provided in the Material or displayed on the Site are the property of SpeedCAT or third parties, and no right to use such Marks is granted to you herein.

This Site may include content owned or licensed by third parties, as well as links to websites owned by third parties (singularly and collectively, "Third Party Material").

2. USE OF MATERIALS AND SOFTWARE

SpeedCAT hereby grants you a personal, non-exclusive, non-assignable, non-sublicensable and non-transferable license to use and display, for non-commercial and personal use only, one copy of the Material that you download from the Site, except as may otherwise be expressly provided on our Site (and not to include licenses to Software (as defined below)). You shall not otherwise reproduce, modify, distribute, transmit, post, or publish (including, without limitation, display and distribution via a third party website), the Material without SpeedCAT's prior written consent. Except as expressly set forth herein, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of SpeedCAT or any third party. You agree that the copy of the Material shall retain all copyright, trademark and other proprietary notices in the same form and in the same manner as such notices appear on the Material or on the Site.

You understand and agree that the Material is provided hereunder "AS IS" without warranty of any kind and that your use of the Material is at your sole discretion and risk. You shall be solely responsible for any damage to your network, software, computer system or mobile device and any loss of data that may result from your use of the Site and/or the Material.

The software and accompanying documentation available to download from the Site, a mobile application “store” or otherwise made available by, or on behalf of, SpeedCAT (the "Software") are the copyrighted and possibly patented work and property of SpeedCAT. Use of the Software is governed by the terms of the End-User License Agreement ("EULA") and/or the Software Purchase Agreement (the "Software Purchase Agreement"), which accompany such Software. If no license accompanies the download of Software, the terms of the license that accompanied the original Software product being updated will govern. You will not be able to use, download, or install any Software unless you agree to the terms of such EULA. If there is any conflict between the terms set forth herein, on the one hand, and the terms set forth in the EULA and/or the Software Purchase Agreement, on the other hand, the terms set forth in the EULA and the Software Purchase Agreement shall control.

Creative materials for any international product that are rendered to users with the intent of marketing any product are not applicable for users who are current residents or citizens of the United States.

Purchase Guarantee

  • The terms of sale, as stated on the merchant's website, are guaranteed for the full value of your purchase and up to a maximum of $1,000.
  • You must be the buyer in this transaction.
  • Your acceptance of the item(s) purchased terminates the Purchase Guarantee, unless defect was not discoverable or know at the time of acceptance, but in no circumstances will the Purchase Guarantee extend beyond 30 days from the purchase date.
  • You have no rights under this Purchase Guarantee if:
    • The merchant who is party to your transaction, satisfies the terms of sale of your purchase;
    • The merchant who is party to your transaction, indemnifies and holds you harmless for an amount equal to or greater than the amount of the Purchase Guarantee, from all direct cost and damage incurred by reason of merchant's failure to satisfy the terms of sale;
    • You have not met the terms of the transaction contract, including making full payment; or
    • Your purchase of the item must not violate any and all applicable governing laws and regulations.
  • The Purchase Guarantee will not respond, under any circumstances, for any damages related to any of the following:
    • Damages in excess of the purchase price;
    • Express, implied or statutory product warranties or product guarantees of any kind, including but not limited to implied warranties of merchantability, and fitness for a particular purpose;
    • Special, incidental or consequential damages including punitive damages; and
    • Diminution in value of the item.
    • Any litigation related to the Purchase Guarantee provided must be commenced within one year from the purchase date, except where the applicable period of limitation required by law is longer, then such period shall be the shortest allowable by law.

3. LIMITATIONS OF THE SOFTWARE

Although the Software available on this Site is effective at identifying and addressing many of the factors that can negatively affect computer or mobile device performance and/or security, there are numerous other factors that may not be identified or addressed by the Software. You acknowledge and agree that the Software does not identify and address all potential factors that can negatively affect computer or mobile device performance and/or security, and you further acknowledge and agree that your computer's or mobile device's performance and/or security may not improve until all such factors are addressed. In some cases, additional Software or other measures may be necessary for your computer or mobile device to attain optimal performance and/or security. For help in analyzing these issues, please contact our customer support team. If you are not satisfied with the Software's effect on your computer's or mobile device's performance or security, you may seek a refund during the Refund Period as stated in the EULA and the Software Purchase Agreement. Not all Software is designed to address both performance and security issues, and you should refer to the documentation for the applicable Software to determine the applicable functionality.

PC SpeedCAT: Scans conducted with this software may detect computer issues that occur as a natural consequence of routine use of the Microsoft Windows Operating System. In some instances, these issues may be harmless and will not affect the performance or operation of the computer system. Certain computer issues may consistently reappear and thus will be repeatedly detected by the software.

AlleyCAT Junk Remover: Scans conducted with this software may detect files that are harmless, the presence of which will not affect the performance, operation, or privacy of your computer system.

VelociCAT: Scans conducted with this software detect Internet configuration settings. By default, the Microsoft Windows Operating System sets the values for these configuration settings. The software may suggest that optimization is required, even though default configuration settings are in place.

The Software may identify and label certain threats to your computer's or mobile device's performance and/or security as "severe" or otherwise categorize the potential threats identified in your computer or mobile device. These labels are intended to convey the potential harm of a particular threat but may not accurately reflect your personal requirements for computer or mobile device speed and/or security. The Software may even identify potential threats in a brand new computer, operating system or mobile device. You acknowledge that it is your responsibility to further research the potential threats identified by the Software and to independently determine your own level of tolerance for these potential threats. In addition, the Software may occasionally identify for deletion certain items and files that may be critical for your system, hardware, and/or software to run. The Software will provide you with an opportunity to review these items and files prior to deletion. You acknowledge that it is your responsibility to verify the items and files identified for deletion and select only those items and files that you wish to delete. SpeedCAT is not responsible for any system failure, data loss, or any other loss due to removal of system critical items. If you are unsure whether an item should or should not be deleted, please contact your computer or mobile device manufacturer for more information. Please read carefully the Limitations of the Software section contained in the Software Purchase Agreement.

You are purchasing a license for software with SpeedCAT's subscription service. Unless you terminate your subscription in accordance with this Agreement, SpeedCAT will automatically renew your license to use the Software at the end of the Initial Term by directly charging your credit card or debiting your debit card for the then current renewal price for the Software. Renewal payments are billed on or about the last day of the Initial Term and each anniversary thereafter until the Software License is terminated. The Renewal Term and your right to receive Software support and Software updates during the Renewal Term will be effective only after our receipt of the foregoing payment and conditioned upon the foregoing payment constituting and continuing to be valid and good funds. If you have selected a method of payment other than credit card or debit card, your subscription will only be renewed if you provide us with a valid payment prior to the date of renewal. We will email you and notify you by phone, either by recorded message or live person, prior to this date to remind you to renew your account.

You agree to provide us with current, complete, and accurate information for your billing information and to promptly notify us if there is any change in your billing address and, where you have paid by credit or debit card, will promptly notify us if there is any change to your card number, or card expiration date or if your card is cancelled (for example, for loss or theft). If we are unable to charge your credit card or debit your debit card, your subscription and ability to access and use the Software may terminate without further notice to you.

If you purchased the software from a third party vendor,please be sure to read their terms and conditions regarding refunds as their rules may apply. If you purchased the software or program from a third party partner and believe you are entitled to a refund but are unsuccessful in reaching our partners, please contact SpeedCAT immediately or within 30 days for assistance.

4. REFERENCES TO THIRD PARTY MATERIAL

This website may include information or reference to Third Party Material. Such references are for informational purposes. SpeedCAT DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. SpeedCAT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.

5. WARRANTIES AND DISCLAIMERS; LIMITATION TO LIABILITY

ANY MATERIALS ARE PROVIDED ON AN "AS IS" BASIS. SpeedCAT ASSUMES NO RESPONSIBILITY FOR issues OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE. THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, SpeedCAT MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.

SpeedCAT SPECIFICALLY DISCLAIMS ALL EXPRESS, STATUTORY, OR IMPLIED WARRANTIES RELATING TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO THOSE CONCERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS REGARDING THE MATERIALS. SpeedCAT SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF REVENUE OR PROFIT OR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, WHETHER BASED ON TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE GROUNDS EVEN IF SpeedCAT HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, INCLUDING NEGLIGENCE, SHALL SpeedCAT, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, SOFTWARE OR HARDWARE, INTERRUPTIONS, issues, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SITE, THE MATERIAL, ANY SpeedCAT PRODUCT OR SERVICE, OR ANY OTHER HYPERLINKED WEBSITE, OR ANY DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE SITE AND/OR THE MATERIAL PRESENTED, EVEN IF SpeedCAT HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED SpeedCAT SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF SpeedCAT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SpeedCAT WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. ADOBE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

SpeedCAT SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS, OR YOUR PARTICIPATION IN ANY SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. SpeedCAT ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER OR MOBILE DEVICE FROM THE SITE OR ANY OF THE SERVICES OR MATERIALS.

6. SITE USER AGREEMENT TO INDEMNIFY AND HOLD HARMLESS

BY YOUR USE OF THIS SITE AND ITS MATERIALS, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SpeedCAT, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, SUBCONTRACTORS OR ANY OTHER PARTY INVOLVED IN PROVIDING OR CREATING THE SITE AND/OR MATERIALS, FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, COSTS, OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) THAT ARISE DIRECTLY OR INDIRECTLY FROM EITHER YOUR USE OF THE SITE OR THE MATERIAL OR YOUR BREACH OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE.

7. EXPORT CONTROLS

Some of the Software shall be subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Those who download or otherwise obtain available Software do so on their own initiative and are responsible for compliance with all applicable laws. This Site is controlled, operated and administered by SpeedCAT from its offices in the United States of America.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site. Notwithstanding anything to the contrary, SpeedCAT makes no representation that the Site or the Material is appropriate or available for use in other jurisdictions. If you choose to access the Site from such a jurisdiction, you do so at your own risk.

You acknowledge and agree that products, services or technology provided by SpeedCAT are subject to the export control laws and regulations of the United States. You agree to comply with the export control laws and regulations of the United States and shall not, without prior authorization of SpeedCAT, export, re-export, or transfer SpeedCAT products, services or technology, either directly or indirectly, to any country.

8. SITE COMPLIANCE WITH DIGITAL MILLENNIUM COPYRIGHT ACT

If you have any concerns that any Materials or other content posted on the Site may be infringing upon another party's intellectual property, contact our Intellectual Property Agent immediately. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512).

    Intellectual Property Agent
    SpeedCAT LLC
    500 Westover Drive
    Suite 9589
    Sanford, NC 27330 USA
    Fax (215) 320-6001

All notices must comply with the requirements of U.S. Copyright Act 17 U.S.C. 512(c)(3) and regulations promulgated thereunder, each as amended. Such notices not complying with these requirements may not be considered. Notices must include:

  • A physical or electronic signature of the owner or a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on our Site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SpeedCAT to locate the material;
  • Information reasonably sufficient to permit SpeedCAT to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted
  • A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of the Eastern District of North Carolina if you reside outside of the United States) and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of the Digital Millennium Copyright Act or an agent of such person.

Before filing such a notification, make a careful determination as to whether or not the use of copyrighted material at issue is protected by the "fair use" doctrine. You could potentially be held liable for costs and attorneys' fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, it may be advisable to seek legal counsel from an attorney prior to your filing your notice or consult publicly available reference materials such as those found at www.chillingeffects.org.

9. CLASS ACTION WAIVER AND ARBITRATION

THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROVIDES THAT ANY DISPUTE ARISING FROM THESE TERMS OF USE MAY BE RESOLVED BY BINDING ARBITRATION, WHICH REPLACES THE RIGHT TO GO TO COURT. THIS SECTION PROHIBITS YOU FROM BRINGING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, INCLUDING IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, AND PROHIBITS YOU FROM BRINGING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN ADDITION, THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROHIBITS YOUR ABILITY TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, AND PROHIBITS YOUR ABILITY TO BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. THE WAIVERS SET FORTH IN THIS SECTION 9 INCLUDE ANY CLAIM THAT YOU MAY HAVE AGAINST SpeedCAT WITH RESPECT TO ANY THIRD PARTY SERVICE. TO THE EXTENT A PROVIDER OF A THIRD PARTY SERVICE JOINS SpeedCAT IN ANY ACTION BETWEEN YOU AND SUCH PROVIDER, YOU AGREE THAT THIS SECTION 9 SHALL APPLY TO ANY CLAIMS THAT YOU MAY HAVE AGAINST SpeedCAT. IF NOT FOR THIS CLASS ACTION WAIVER AND ARBITRATION SECTION, YOU MAY HAVE OTHERWISE HAD A RIGHT TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS) AND YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT TO BRING CLAIMS IN A COURT BEFORE A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED BELOW, YOU WAIVE ANY OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL A DECISION.

You acknowledge and agree that this Class Action Waiver And Arbitration Section and the agreements contained herein are made pursuant to a transaction that involves interstate commerce, and shall be governed by, and be enforceable under, the Federal Arbitration Act (the "FAA") (9 U.S.C. §1 et seq.) as it may be amended from time to time. The circumstances and procedures under which Claims (as defined below) may be resolved by arbitration instead of in court are set forth herein. For the purposes of this Class Action Waiver And Arbitration Section, “we,” “us” and “SpeedCAT” means SpeedCAT LLC, including any parent, subsidiaries, affiliates, licensees, predecessors, successors, or assigns, and all of their officers, directors, employees, agents, and assigns.

For the purposes of this Class Action Waiver And Arbitration Section, a "Claim" shall be any claim, dispute or controversy brought by either you or us against the other or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other and arising from or relating in any way to the Software Purchase Agreement, the EULA, these Terms of Use, or otherwise related to the SpeedCAT LLC Software or services purchased or obtained by you from us or any partner or retailer. Subject to the provisions of this Class Action Waiver And Arbitration Section, either party hereto may elect to pursue mandatory binding arbitration with respect to any Claim. A party who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or parties. This Class Action Waiver And Arbitration Section governs all Claims, whether based in law, common law, tort, contract, status, regulation, ordinance, constitutional provision, or any other legal theory of law, including respondeat superior, or any other legal or equitable ground. In addition, this Class Action Waiver And Arbitration Section governs whether or not such Claims seek as remedies declaratory relief, equitable relief, money damages, penalties or injunctions. For the purposes of this Class Action Waiver And Arbitration Section, the term Claim is to be given the broadest possible meaning, including counterclaims, cross claims, third party claims, interpleaders or otherwise. Any claim, dispute or controversy regarding the applicability of this Class Action Waiver And Arbitration Section or the validity of any or all of the Software Purchase Agreement, the EULA or these Terms of Use or any prior Software Purchase Agreement, EULA or these Terms of Use are also Claims for the purposes of this Class Action Waiver And Arbitration Section.

Notwithstanding anything herein to the contrary, you retain the right to pursue any Claim in a small claims court and proceed on an individual basis for any such Claim that is within the court's jurisdiction. Arbitration of Claims will be conducted as an individual action. Neither party agrees to any arbitration on a class or representative basis and the arbitrator shall not have authority to proceed with any arbitration on a class or representative basis. Even if a class action lawsuit or other representative action is filed, including in the form of a private attorney general action, any Claim between you and us related to such lawsuits will be subject to an individual arbitration claim if so elected by either you or us. Arbitration proceedings with respect to separate Claims will not be consolidated without the consent of all parties. Only those Claims that are (1) brought by us against you, or your heirs or your trustee in bankruptcy or (2) brought by you, or your heirs or your trustee in bankruptcy against us, may be joined in an individual action under this Class Action Waiver And Arbitration Section.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice") describing (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought (“Demand”). The Notice to SpeedCAT should be addressed to: Dispute Resolution Agent, SpeedCAT LLC, 500 Westover Drive, Suite 9589, Sanford, NC 27330 USA ("Notice Address"). You must notify us of any Claim brought by you within 100 days of the event or events giving rise to such Claim or you will have waived your right to bring such Claim or to participate in any legal action relating to such Claim. If SpeedCAT and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or SpeedCAT may commence an arbitration proceeding. The amount of any settlement offer made by SpeedCAT or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SpeedCAT is entitled. After SpeedCAT receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee required by the arbitration administrator, unless your Claim is for greater than $75,000.

The party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or JAMS/Endispute ("JAMS"), both of which are independent from us. Any arbitration will be conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as provided herein. Arbitration hearings will be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which you reside at the time the Claim is filed or at some other place as agreed by the parties in writing. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing as established by the rules of the arbitration administrator. Copies of the current rules of the arbitration administrators named above, and well as information about arbitration and arbitration fees, and instructions for initiating arbitration may be obtained by using the following contact information:

    American Arbitration Association
    1633 Broadway, 10th Floor, New York, NY 10019
    Web site: www.adr.org
    Telephone: 800-778-7879
    JAMS
    1920 Main Street, Suite 300, Irvine, CA 92614
    Web site: www.jamsadr.com
    Telephone: 800-352-5267

Claims will be resolved by a single, neutral arbitrator, who will be either a lawyer with at least ten years experience or a retired or former judge. The applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed will govern the arbitration unless those procedures and rules are inconsistent with this Class Action Waiver And Arbitration Section, in which case the procedures and rules of this Class Action Waiver And Arbitration Section will prevail. The procedures and rules of arbitration may limit the amount of discovery available to you or us in the proceeding. Applicable substantive law consistent with the FAA and applicable statutes of limitations will be applied, and the arbitrator will honor claims of privilege recognized at law. At your discretion, you may have a hearing and be represented by counsel. Reasonable steps will be taken by the arbitrator to protect customer information and other confidential information, and the arbitrator may use protective orders to prohibit disclosure outside the arbitration if requested to do so by either party. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, the Software Purchase Agreement, the EULA and these Terms of Use. The arbitrator 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 may award punitive damages or attorneys fees if the law, the Software Purchase Agreement, the EULA and/or these Terms of Use authorizes such relief. Any award made by the arbitrator will be evidenced in writing by the arbitrator, but the arbitrator is not required to provide a statement of reasons unless requested by a party.

Except as otherwise provided for herein, SpeedCAT will pay all filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the rules of the arbitration administrator. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the rules of the arbitration administrator. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the rules of the arbitration administrator.

If, after finding in your favor in any respect on the merits of your Claim, the arbitrator issues you an award that is greater than the value of SpeedCAT's last written settlement offer made before an arbitrator was selected, then SpeedCAT will: pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").

If SpeedCAT did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

Any failure or other delay by either party in enforcing this Class Action Waiver And Arbitration Section at any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Decisions rendered in arbitration proceedings will be final and binding on the parties. There shall be no appeal from arbitration decisions other than for arbitrator bias, fraud or misconduct and any award granted in arbitration will be enforceable by any court having jurisdiction as provided by the FAA and/or other applicable law.

This Class Action Waiver And Arbitration Section shall survive: (i) termination of, or changes in, the Software Purchase Agreement, the EULA or these Terms of Use and any relationship between you and us; (ii) the bankruptcy of any party or any other similar proceeding initiated by you or on your behalf; and (iii) payment in full of any debt by you or by a third party. Should any portion of this Class Action Waiver And Arbitration Section be deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if we makes any future change to this Class Action Waiver And Arbitration Section (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Class Action Waiver And Arbitration Section.

10. GOVERNING LAW AND JURISDICTION

You agree that all matters relating to your access to, or use of, this web site shall be governed by the laws of the Commonwealth of North Carolina. Subject to the provisions of the Arbitration Section set forth above, you agree and hereby submit to the exclusive personal jurisdiction and venue of the Court of Common Pleas of Sanford County in Sanford, North Carolina and the United States District Court for the Eastern District of North Carolina located in Sanford, with respect to such matters. With respect to Third Party Services (as described in Section 2), you may be subject to other controlling law and other courts and venues.

11. PRIVACY

Personal data that you provide regarding yourself will be handled in accordance with SpeedCAT's Privacy Policy at http://www.PCSpeedCAT.com/privacy.html. Children under the age of thirteen (13) are prohibited from submitting anypersonally identifiable information to SpeedCAT or through the Site. If we learn that a user under the age of thirteen (13) is publicly posting or sharing personally identifiable information on or through the Site, we will block that user from accessing these areas of the Site. SpeedCAT applications may send anonymous usage data to SpeedCAT LLC. We use this information to track visitors' movement in the aggregate, and to gather general information about which screens are being accessed to improve the overall customer experience.