suspension or termination. All provisions of the Terms which by their nature should survive
termination of Services will do so, including Sections 2, 6,7, 8, 9.4, 10 and 11.
10. Dispute Resolution
10.1. Applicability of Arbitration. You agree that any dispute or claim relating in any way to your
access or use of the Site, Services, or Software, or to any aspect of your relationship with Quppy,
will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims
in small claims court if your claims qualify, so long as the matter remains in such court and
advances only on an individual (non-class, non representative) basis; and (2) you or Quppy may
seek equitable relief in court for infringement or other misuse of intellectual property rights
(such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
This Arbitration Agreement will apply, without limitation, to all claims that arose or were
asserted before the Eective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH QUPPY, YOU ARE AGREEING IN ADVANCE THAT YOU
WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY
LAWSUIT FILED AGAINST QUPPY ALLEGING CLASS, COLLECTIVE, AND/OR
REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, YOU MAY BRING YOUR CLAIMS
AGAINST QUPPY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH
CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU
ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN
ATTORNEY IN DECIDING WHETHER TO ACCEPT THESE TERMS, INCLUDING THIS
ARBITRATION AGREEMENT.
10.2. Survival of Agreement. This Arbitration Agreement will survive the termination of your
relationship with Quppy.
10.3. Modication. Notwithstanding any provision in this Agreement to the contrary, we agree
that if Quppy makes any future material change to this Arbitration Agreement, it will not apply to
any individual claim(s) that you had already provided notice of to Quppy.
11. General Provisions.
11.1. Electronic Communications. Communications between you and Quppy use electronic
means, whether made via the Site or Services or sent via e-mail, or whether Quppy posts notices
on the Site or Services. For contractual purposes, you (1) consent to receive communications
from Quppy in an electronic form; and (2) agree that all terms and conditions, agreements,
notices, disclosures, and other communications that Quppy provides to you electronically
satisfy any legal requirement that such communications would satisfy if it were to be in writing.
11.2. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned,
subcontracted, delegated or otherwise transferred by you without Quppy’s prior written consent.
11.3. Force Majeure. Quppy will not be liable for any delay or failure to perform resulting from
causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism,
riots, embargos, acts of civil or military authorities, re, oods, accidents ,electricity supply
interruptions, 3d parities’ stop of services, strikes or shortages of transportation
facilities, energy, labor or materials.
11.4. Complaints, Claims, Disputes