Terms & Conditions

General

These Terms of Use (“Terms”) govern your use of Analyttica’s website, apps, and other products and services (“Services”). Services are provided by Analyttica Datalab Inc. (“Analyttica”).

These Terms will also apply to all ongoing software updates for ATH.

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated Terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms (such as our Privacy & Disclaimer, and Current Instructor/Course Creator/Expert Term, etc.). If you do not agree to any of this or any changes to this Agreement, do not use, access or continue to access the Site, and discontinue any use of the Site immediately.

Any version of these Terms of Use in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

Pre-arbitration clause:
By agreeing to these terms, you also agree to resolve disputes with Analyttica through binding arbitration (and with very limited exceptions, not in court), and you waive certain rights to participate in Class Actions, as detailed below.

General Disclaimer:
The Services are only a marketplace for Instructors/Experts, and Students. If external Experts create Content (“Submitted Content”), we shall not be responsible or liable for any interactions involved between them and the Users who purchase this Content via the Services. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of these Experts or Students, including, but not limited to, any User’s reliance upon any information provided by an Expert.

We do not control Submitted Content posted on the Services and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Services, Analyttica may expose you to Submitted Content that you consider offensive, indecent, or objectionable. Analyttica has no responsibility to keep such content from you and no liability for your access or use of any submitted content, to the extent permissible under applicable law. Analyttica also takes no responsibility of the implications involved if such Submitted Content is used commercially by you or others.

Intellectual Property:
The Site and its original content, features and functionality are owned by Analyttica and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The trademarks, service marks, and logos (the “Trademarks”) used and displayed through our Services or in any Company Content are our registered or unregistered Trademarks or of our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and you may not alter or obscure the Trademarks, or link to them without our prior approval.

“Analyttica”, “TreasureHunt”, “Data Science in Motion”, and “Texight” are registered Trademarks of Analyttica Datalab Inc.
Registration:
To use certain Services, you will need to register and obtain an account and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, network management and other services. You are solely responsible for maintaining the confidentiality of your account, User Name, and password (collectively, your “Account”) and for all activities associated with or occurring under your Account. You represent and warrant that your Account information will be accurate always. You must notify us (a) immediately of any unauthorized use of your Account and any other breach of security, and (b) ensure that you exit from your Account at the end of each use of the Services. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or because of use of your Account, either with or without your knowledge, prior to your notifying us of unauthorized access to your Account.

You may not transfer your Account to any other person and you may not use anyone else’s Account at any time. You are not authorized to register another individual, including a minor, or to have them use your Account.

Links to Other Sites:

Our Site may contain links to third-party sites that are not owned or controlled by Analyttica. Analyttica has no control over, and assumes no responsibility for, the content, terms, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Acceptable Usage:
Who May Use our Services:
You may use our Services only if you can form a binding contract with Analyttica, and only in compliance with these Terms and all applicable laws. When you create your Account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain Content may have additional requirements and/or restrictions. You may only access the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services.

• You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services.
• You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information.
• You will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Company Content, the Services or Submitted Content except as permitted by these Terms or the relevant Instructor/Expert as applicable.
• You will not frame or embed the Services to circumvent the Services.
• You will not impersonate another person or gain unauthorized access to another person’s Account.
• You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services.
• You will not disclose any personal information to an Instructor/Expert, and otherwise will assume responsibility for controlling how your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information.
• You will not solicit personal information from any Instructor/Expert or other User.
• You agree not to use the Services or the Company Content to recruit, solicit, or contact in any form, Instructors/Experts or potential users for employment or contracting for a business not affiliated with Analyttica without our advance written permission, which may be withheld in our sole discretion. You assume any and all risks from any meetings or contact between you and any Instructors/Experts or other users of the Services.

You are prohibited from using our Services to share content that:
• Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that Users who are as young as 13 use ATH, and we do not allow content that is inappropriate for these younger learners.
• Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
• Harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
• Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
• Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
• Otherwise violates the Analyttica Terms of Use. Please note that specific courses may have additional rules and requirements.

You also aren’t allowed to:
• Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
• Share your password, let anyone access your account, or do anything that might put your account at risk.
• Attempt to access any other user’s account.
• Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
• Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
• Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
• Try to reverse engineer any portion of our Services.
• Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
• Use our Services to distribute malware.
• Impersonate or misrepresent your affiliation with any person or entity.
• Encourage or help anyone do any of the things on this list.

Code of Conduct:
All users must agree to abide by the following code of conduct:
1. I will register for only one account.
2. My answers to all Content will be my own work (except for work that explicitly permit collaboration).
3. I will not make solutions to content available to anyone else (except to the extent a content explicitly permits sharing solutions). This includes both solutions written by me, as well as any solutions provided by the content staff or others.
4. I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.

Our Content:
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where Analyttica provides Content to you about the Services, including, without limitation, the software, the products and the site, it is “Company Content”.

Modifications:
While we take pride in our world-class Company Content, unexpected events do occur. Analyttica reserves the right to cancel, interrupt, or reschedule any Company Content or to modify the same. Company Content offered are subject to the Disclaimers and Limitation of Liability policies.

No Academic Credit:
Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of Company or other Content does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a training content, unless you have earned a Completion Certificate (or other equivalent Analyttica credential) for that content. Analyttica, the instructors/experts, and the associated participating institutions have no obligation to have a course recognized by any educational institution or accreditation organization.

Disclaimer of User-University Relationship:
Nothing in these Terms or otherwise with respect to your participation in any content: (a) establishes any relationship between you and any educational institution with which Analyttica may be affiliated; (b) enrols or registers you in any educational institution, or in any content offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the content.

Your Content:
User Content:

The Services enable you to share your content, such as cases, simulations, projects, and other materials that you submit, posts you make in the forums, and the like (“User or Submitted Content”), with Analyttica, instructors, experts, and/or other users. User or Submitted Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. Analyttica does not screen the Submitted Content. You hereby represent and warrant that you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Analyttica with respect to your Submitted Content and that Analyttica shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submitted Content as authorized in these Terms or have any liability to you or any other party as a result of any use or exploitation of your Submitted Content as authorized in these Terms. If you believe that Submitted Content of yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is your responsibility to take such steps you deem necessary to correct the situation. If you believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to Analyttica in accordance with the procedures/policies that we maintain.

All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.

Feedback:
We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Analyttica does not waive any rights to use similar or related Feedback previously known to Analyttica, developed by its employees or contractors, or obtained from other sources.

You may decide to send us unsolicited ideas, including ideas for new promotions, products, services, applications, technologies or processes or other ideas (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Services or Third Party Platforms, or to us through e-mail, that you consider to be confidential or proprietary. You agree that we shall not be required to treat any User Ideas as being confidential or proprietary. You are responsible and liable for any User Ideas you submit. You agree that by submitting User Ideas to us, including any concepts, know-how or ideas, you hereby grant us a perpetual, worldwide, non-exclusive, royalty- free, sub-licensable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas in connection with the Services, and for Analyttica’s (and its successor’s) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others. We are under no obligation to evaluate, review, or use any User Idea.

Our License to You:
Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and Content-specific eligibility requirements and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services and to access and use Submitted Content and Company Content, for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with particular Content or Services. All other uses are expressly prohibited absent our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless we give you explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to you. Instructors/Experts may not grant you license rights to Submitted Content you access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.

Notwithstanding the foregoing, we reserve the right to revoke this license to access and use Submitted Content and Company Content granted to you as described above.

You may download content from our Services only for your personal, non-commercial use, unless you obtain Analyttica’s written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third-party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

How Analyttica and Others May Use User Content:
To the extent that you provide User Content, you grant Analyttica a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Analyttica the right to authorize participating institutions to use User Content with their registered users independent of the Services. Nothing in these Terms shall restrict other legal rights Analyttica may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

Education Research:
Analyttica is committed to advancing the science of learning and teaching, and records of your participation in using the content may be used for education research. In the interest of this research, you may be exposed to variations in the content. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.

Fees, Payments & Refunds:
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

If you elect to access or use our services that involve payment of a fee, then you agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If you provide credit card and/or PayPal information to pay for such fees then you hereby represent and warrant that you are authorized to supply such information and hereby authorize Analyttica to charge your credit card on a regular basis to pay the fees as they are due. Analyttica may, in its sole discretion, round up or round down the Sale Price to the nearest whole functional base unit in which the Sale Currency is denominated (e.g. to the nearest US Dollar, INR or other supported currency). Each foreign currency conversion is processed at a foreign currency conversion rate as applicable at the time of purchase.

If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Services pending resolution of any amounts due by you to Analyttica.

All your use, access and other activities relating to the Services must follow all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Further, access to our services from territories where their contents are illegal is prohibited. Those who choose to access or use the services from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Services or Third Party Platforms from countries outside of the United States, you must agree to abide by all local rules regarding online conduct and acceptable content.

For payment, a valid credit card or pre-approved PayPal account is required. We bill for our service on a fixed basis, or monthly or yearly membership basis. The price is based on the chosen pricing plan. The date of billing is determined by your last purchase date, and all subscription enrolment plans are automatically renewed unless the membership is cancelled. Cancellation can be done at any time, and will take effect from the next payment period. You are not entitled to refund for any fee already paid. Cancellation of membership may cause the loss of content, features, or capacity of your Account. Analyttica does not accept any liability for such loss.

Analyttica may at its sole discretion, offer time bound refunds based on certain circumstances, to its users. Please note that if we believe that you are abusing our refund criteria in our sole discretion, we reserve the right to suspend or terminate your Account and refuse or restrict any and all current or future use of the Services, without any liability to you.

Termination:
We may terminate your access to the Site, without cause or notice. This may result in the forfeiture, destruction or loss of some or all the information collected regarding your use. All provisions of this Agreement that by their nature shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Analyttica reserves the right to terminate, suspend, modify, or delete, at our sole discretion, any (a) Submitted Content, Company Content, or any Service; and (b) Your access to our Services or your Account, as follows:

1. If you breach or violate any of these Terms or any of our applicable policies, as posted on our Services from time to time, Analyttica may act immediately without prior notice to You. If we act pursuant to this section, we shall not have any liability to you for any Content you may have purchased nor for any other use of our Services associated with your Account. For avoidance of any doubt, you understand and agree that you will not be compensated nor be eligible for any refund under any circumstances for any such access lost to our Services, including without limitation to Content you may have purchased;
2. We may also act for any reason or no reason, in which case we will provide prior notice to you. If we take action pursuant to this section, (a) if you are a Student User, upon being provided valid proof, we will refund you for any access lost to Content that you may have purchased during the one (1) month period prior to such termination, all in accordance with and subject to the terms of our current refund criteria; and (b) If you are an Instructor/Expert, any such termination will also terminate your right to offer your Content through our Services, and Analyttica will pay all outstanding amounts owing to you up to termination date, net of any refunds to be given to users. Please note that users who purchased your Content will retain access to the Content so long as Analyttica deems necessary.

You may terminate your use of the Services at any time, either by ceasing to access them, or by deleting your Account, by contacting us. We have no obligation to retain any of your Account or Submitted Content for any period beyond what may be required by applicable law. Upon termination, you must cease all use of the Services and Content.

Warranty Disclaimer:
To the maximum extent permitted by law, the Site is provided “as is” without warranties, conditions, representations or guarantees of any kind either expressed, implied, statutory or otherwise. Analyttica does not warrant the operation of its offering will be uninterrupted or error free. You bear the entire risk as to the results, quality and performance of the service should the service prove defective.

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE ANALYTTICA PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF CONTENT OF DEALING OR USAGE OF TRADE. THE ANALYTTICA PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ANALYTTICA PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE ANALYTTICA PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL ANALYTTICA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY ANALYTTICA FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST THREE (3) MONTHS, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE ANALYTTICA PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO ANALYTTICA’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification:
You agree to indemnify, defend, and hold harmless the Analyttica Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction:

The Services are managed by Analyttica Datalab Inc., which is headquartered in Wilmington, Delaware, USA. You agree that any dispute related to these Terms will be governed by the laws of the State of Delaware, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Wilmington, DE as the legal forum for any such dispute.
Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or Analyttica may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration, as stated below.

Agreement to Arbitrate and Class Action Waiver:

THIS SECTION ONLY APPLIES TO USERS IN THE USA AND CANADA.
Before bringing a formal legal case, please first try contacting our support team at ath@analyttica.com. Most disputes can be resolved that way.

We Both Agree to Arbitrate:
If we can’t resolve our dispute amicably, you and Analyttica agree to resolve any claims relating to these Terms, or any of our other terms posted on our Services from time to time, through final and binding arbitration. This applies to all kinds of claims under any legal theory.

Either of us can bring a claim in small claims court in Wilmington, Delaware, if it qualifies to be brought in that court.

In addition, if you or Analyttica brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). You or Analyttica may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

No Class Actions:
We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither you nor Analyttica can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other users, and cannot be used to decide other disputes with other users. If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then this entire Section (Agreement to Arbitrate and Class Action Waiver) will be null and void, but, the rest of the Terms will still apply.

The Arbitration Process. Any disputes between you and Analyttica relating to the Services that involve a claim of less than US$10,000 must be resolved exclusively through binding non-appearance- based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and Analyttica agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between you and Analyttica relating to the Services that involve a claim of less than US$10,000 must be resolved in accordance with the AAA’s rules about whether the arbitration hearing must be in-person.

Jurisdiction for Legal Disputes Not Subject to Arbitration. If the Agreement to Arbitrate is determined to be invalid or unenforceable or for any disputes that do not qualify for arbitration, the dispute shall be subject to the exclusive jurisdiction of the Federal and State courts located in Wilmington, Delaware. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

Changes:
Notwithstanding the provisions of the modification-related provisions above, if Analyttica changes this “Agreement to Arbitrate and Class Action Waiver” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Analyttica written notice of such rejection by mail or hand delivery to: Analyttica Datalab Inc., Attn: Legal, 1007 N. Orange Street, Floor 4, Wilmington, DE 19801, USA, or by email from the email address associated with your Account to: ath@analyttica.com, within 30 days of the date such change became effective, as indicated by the “last updated on” language above.

To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Agreement to Arbitrate and Class Action Waiver” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Analyttica in accordance with the provisions of this “Agreement to Arbitrate and Class Action Waiver” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms:
Revisions to the Terms:
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability; Waiver:

If it turns out that a provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as acting in the future).

Participating Institutions:

Analyttica’s participating institutions are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.

Notice for California Users:
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.