Terms Of Use
Introduction
This Terms of Use (the “Agreement”) set forth the terms and conditions that apply to your access and use of the website, software applications, and other online services (collectively, the “Service”) provided by Parallel Technology Ltd. (“Parallel”). By using our Services, you agree to these contractual terms, Privacy Policy, and Community Guidelines.
Supplement Terms
If you are based in the US, Canada, Australia, or New Zealand, you agree to the applicable supplement terms included at the end of this Agreement, so please review them carefully.
Accepting the Terms
By using the Service, you agree to be bound by this Agreement. The terms “you” and “user” refer to Users who use our Services. The term “we” or “our” refers to Parallel. You may not use the Service and may not accept this Agreement if you are not of a legal age to form a binding contract with Parallel. If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, you have the authority to bind such entity. If you do not agree to this Agreement, please don’t use the Service.
Privacy and Your Personal Information
For information about Parallel’s privacy and data protection practices, read our Privacy Policy. Our privacy policy explains how Parallel collects, uses and shares the information you provide when you access the Service. Using the Service, you consent to Parallel’s collection, use, and sharing of your information as outlined in our privacy policy.
Description of the Service
Parallel is a social commerce platform that offers AI-powered size recommendations and a community-driven shopping experience to solve the problem of not knowing what clothing size to purchase. You can upload pictures of yourself wearing different outfits with an account and tag the items. These posts are viewable on the site for others to see and shop from. You agree that Parallel is in no way responsible or liable to you for any products you purchase through the platform, including any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions.
Who Can Use Parallel
You may use Parallel only if you can legally form a binding contract with Parallel and only in compliance with this Agreement and all applicable laws. When creating your Parallel account, you must provide us with accurate and complete information. You can’t use Parallel if U.S. sanctions prohibit it. Any use or access by anyone under the age of 13 is not allowed. If located in the EEA, you may only use Parallel if you are over the age at which you can provide consent to data processing under the laws of your country. Using Parallel may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and this Agreement will apply to any updates.
Posting Content
Parallel allows you to post content, including photos, comments, links, and other materials. Anything you post or otherwise make available on Parallel is called "User Content." You retain all rights and are solely responsible for the User Content you post to Parallel.
a) How Your Content is Used
You grant Parallel and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Parallel solely for the purposes of operating, developing, providing, and using Parallel. Nothing in these Terms restricts Parallel's other legal rights to User Content, for example, under other licenses. We reserve the right to remove or modify User Content or change how it’s used for any reason. This includes User Content that violates this Agreement, our Privacy Policy, Community Guidelines, or any other policies.
b) How Long Your Content is Retained
Following the deactivation of your account, or if you remove any User Content from Parallel, we may keep it for a reasonable period of time for backup, archival, or audit purposes.
c) Feedback from Users
We value hearing from our users and are always interested in learning how we can improve Parallel. If you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation. By accepting your submission, Parallel doesn’t waive any rights to use similar or related feedback previously known to Parallel, developed by its employees, or obtained from sources other than you.
Account Information from Third-Party Sites
With the Service, Users may direct Parallel to interact with existing accounts they own and that are maintained online by third-party companies with which they have accounts (“Third Party Accounts”), such as Facebook or their accounts on the websites of specific merchants. Parallel makes no effort to review the Third Party Accounts for any purpose, including but not limited to accuracy, legality or non-infringement. Parallel is not responsible for the products and services offered by or on third-party sites. If your permission settings allow it, Parallel may import information from your Third Party Accounts to help better offer the Services to you. Parallel does not control the policies and practices of any third-party site or service, including any third-party accounts you connect to the services.
Parallel cannot always foresee technical or other difficulties resulting in failure to obtain data, data loss, personalization settings, or other service interruptions. Parallel cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store user data, communications or personalization settings. When you access third-party websites via our Service, you accept that there are risks in doing so and that Parallel is not responsible for such risks. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or service you visit or utilize.
Parallel has no control over and assumes no responsibility for the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party you interact with through the Services. In addition, Parallel will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
If there is a dispute between participants of our Service or between users and any third party, you agree that Parallel is not obligated to become involved. To the maximum extent permitted by applicable law, in the event that you have a dispute with one or more other users, you release Parallel, its officers, employees, contractors, directors, board members, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password, which, together with your login ID (email address or username), allows you to access the Service. That login information, along with any other contact information and personal information you provide, forms your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address. Notices will be provided in HTML (or, if your system does not support HTML, in plain text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third-party goods and services that may interest you. If you do not want us to use your information this way, click “Unsubscribe“ in any e-mail communications we send you. If you become aware of unauthorized use of your Registration Information, you agree to notify Parallel immediately.
Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non-commercial purposes. Subject to your compliance with this Agreement, Parallel hereby grants to you a personal, worldwide, non-assignable, non-sublicensable, non-transferable, and non-exclusive license to (i) use the software and content provided to you as part of the Services (for personal, non-commercial purposes); and (ii) download a copy of our software for such use. This software can pertain to a website, app, extension, and any mobile, laptop or desktop experience on all formats or devices.
Accurate records enable Parallel to provide the Service to you. You must keep your Registration Information current and correct for the Service to function effectively. If you don’t do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted occasionally due to third-party failures outside of our control (such as unavailability of general internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by Parallel. While we will make reasonable efforts to make the Service available to you, we do not promise that it will always be available.
You agree that Parallel may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our Privacy Policy). As further detailed in our privacy policy, Parallel collects information about the websites you visit to create a better user experience for you and other Parallel users. Examples of this type of information include information about the products your browser visits. In the future (and always subject to our privacy policy), we may offer personalization options in our products that utilize knowledge about what products you are interested in to present relevant content and product offers as we explore ways to use data to build more powerful product experiences that we believe will increase your chance of a superior online shopping experience, whether, in terms of style inspiration and fit and sizing relevance or any other quality, we may provide ways to opt out of this data collection. However, it may result in degraded product capabilities if such data is required to provide the product experience.
You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that infringes or violates the intellectual property rights or any other rights of anyone else (including Parallel); violates any law or regulation or this Agreement; is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; jeopardizes the security of your Parallel account or anyone else’s (such as allowing someone else to log in to the Services as you); attempts, in any manner, to obtain the password, account, or other security information from any other User; violates the security of any computer network, or cracks any passwords or security encryption codes; runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Service; “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); copies or stores any significant portion of the Content; Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or circumvents, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the Service.
If you violate or infringe any of the rules above, we will immediately suspend and terminate your right to use or access the Services.
Electronic Notifications
Parallel may occasionally provide automatic and voluntary account-related notifications, as further explained below and subject always to our privacy policy. Our point of view is to do everything we can to avoid annoying you, so wherever possible, we will minimize unnecessary notifications and provide configuration switches to limit unwanted communications. Voluntary account notifications may be turned on by default as part of the Service. You may then deactivate or reactivate them. Parallel may add new notifications occasionally or cease to provide certain notifications at any time upon its sole discretion.
Electronic notifications will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us. Changes to your email address will apply to all of your notifications. Because notifications are not encrypted, we will never include your passcode. However, notifications may include your Parallel login information and some information about your accounts. Anyone with access to your phone or email can view the content of these notifications. You may turn off specific notifications anytime in your account settings. However, we may still send you Service-related notices as needed to allow us to provide you with the Service.
Support
We may offer user support at our discretion. Parallel reserves the right to discontinue, cancel, or modify any technical support services at any time. For inquiries regarding products, please contact the relevant merchant directly. This includes questions related to all aspects of transactions between you and the merchants, such as information on a merchant’s refund policy, returns, order fulfillment, customer service, fraudulent transactions, or any required legal disclosures.
Links to Other Sites, Networks, Platforms, and Apps
The Services may include links to third-party sites, networks, platforms, or apps (“Linked Technologies”). Your decision to access these Linked Technologies is at your own risk. Parallel is not responsible for the activities of third parties. Please note that Parallel has no control over, and is not responsible for, the terms of service or privacy policies of any Linked Technologies. We encourage you to be mindful when leaving our Services and review the applicable agreements for all Linked Technologies. This Agreement applies solely to the use of our Services. Parallel makes no representations or warranties regarding Linked Technologies, including, but not limited to, their content, accuracy, opinions, functionality, or the services they provide. The inclusion of any Linked Technologies within our Services does not constitute an endorsement or approval by Parallel. If you choose to access any Linked Technologies, you do so at your own risk. At its sole discretion, Parallel may offer access to third-party applications that interface with its application programming interfaces ("Parallel APIs"). These third-party applications ("Third Party Apps") may use Parallel APIs, but they are not endorsed by Parallel.
Your use of Third Party Apps is voluntary and at your own risk. By using Third Party Apps, you may grant them access to your activities, including related metadata. Parallel makes no representations or warranties regarding your use of any Third Party Apps, governed by a separate agreement between you and the Third Party App provider. You agree that Parallel has no liability for any issues arising from using Third Party Apps, including but not limited to continued access to the Parallel APIs, technical issues, interactions with the Parallel APIs, and any damages or claims related to Third Party Apps. Parallel reserves the right to change, suspend, or discontinue any aspect of the Parallel APIs at any time, including the availability of any APIs.
Rewards
We value our creators who post content on Parallel. There are several ways to earn rewards on Parallel:
- Commissions - You earn a commission on every purchase made through your posts.
- Challenges - Enter your posts into our challenges to win rewards.
- Post Streaks - Keep your streak alive to get bonus rewards.
- Views - Join our Creator Fund to monetize the views on your posts.
Creators can access their account earnings in their profile. You can withdraw your earnings as soon as they are available. Parallel reserves the right to take up to 30 days to approve such a withdrawal after making a request. Parallel reserves the right to deny a payout request if there is a violation of this Agreement or any other terms and policies. Parallel reserves the right to change any term without prior notification to the Participant.
Here are some additional things to remember:
- Rewards are not transferable to other Parallel users.
- User Identity Verification is required on the withdrawal of any rewards.
- We will suspend a User's ability to earn rewards if they violate this Agreement.
- We may suspend or terminate any rewards program without notice for any reason.
Disputes
To the extent permissible under the applicable law, Parallel shall not be liable for any event of force majeure (including natural disasters, pandemics, activities subject to the instructions of government agencies, cyberattacks), any technical, hardware, software or inherent defects in telephone sets of any kind, and shall also be held harmless from any lost or unavailable network connections, faults, incompleteness, inaccuracies, or delays caused by you or any equipment or programming associated with or utilized or any human or non-human error that may occur in the processing of rewards including the inability to withdraw or any withdrawal errors resulted.
Rights you Grant Us
By submitting information, data, passwords, usernames, other log-in information, materials and other content to Parallel through the Service, then (except for User Content, to which the specific rules below apply) you hereby give Parallel permission to use that content solely for the purpose of providing the Service. Parallel may use and store the content but only provide the Service to you. By submitting this content to Parallel, you represent that you are entitled to submit it to Parallel for use for this purpose without any obligation by Parallel to pay any fees or other limitations.
Parallel's Intellectual Property Rights
The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including HTML-based computer programs) and other material are protected under copyright, trademark and other laws. The contents of the Service belong and are licensed to Parallel. Parallel grants you the right to view and use the Service subject to this Agreement. Any distribution, reprint or electronic reproduction of any content from the Service other than as expressly permitted in this Agreement and without our prior written consent is prohibited.
Access and Interference
You agree not to do anything that makes it harder for other users to enjoy our Service. We cannot list every instance here, so we trust that you will use the Service and interact with the Parallel community in a trustful and respectful manner at all times or face deactivation on the platform.
Rules for Posting Content
As part of the Service, Parallel allows Users to post content on various publicly available locations in the Service (“User Content”). You agree to follow the following rules:
You are responsible for all User Content you submit to the Service. By submitting User Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access and use your User Content through the Service and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Service and under this Agreement. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential, proprietary information, and trademarks or service marks used in an infringing fashion. You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Parallel reserves the right to modify (edit), request changes, and deny any User Content at its sole and complete discretion. Parallel may also deactivate a user at its sole and complete discretion.
Reasons for requesting changes to a post may include but are not limited to the following:
- No person is present in the photo.
- Limited or obstructed view of the outfit.
- Only have one person in the photo.
- Items not tagged correctly.
- The entire outfit is not tagged.
- Incorrect item purchase URL provided.
- Multiple outfits are included in the photo.
- Incorrect brand tagged.
- Low photo resolution.
- Additional reasons may arise.
Reasons for denying a post may include but are not limited to the following:
- Violation of our Terms of Use, Community Guidelines, Privacy Policy, or other policies.
- This is a duplicate post.
- Not an outfit.
- Impersonation is not tolerated.
- No person is present in the photo.
- Limited or obstructed view of the outfit.
- Multiple people in the photo.
- Item(s) tagged incorrectly.
- Entire outfit is not tagged.
- Purchase URL missing.
- Purchase URL Incorrect.
- Incorrect brand tagged.
- Low photo resolution.
- Additional reasons may arise.
Reasons for deactivating a user may include but are not limited to the following:
- Suspicious activity.
- Violation of our Terms of Use, Community Guidelines, Privacy Policy, or other policies.
- Harassment.
- Guns/weapons/nudity/fake referrals.
- Additional reasons may arise.
Affiliate Program
- Eligibility for Commission Payments
Creators who participate in our affiliate or referral program ("Affiliates") may be eligible to receive commission payments for qualifying purchases made through links or other methods provided by the Affiliate. To be eligible for commission payments, Affiliates must adhere to all terms and conditions outlined in our Affiliate Agreement and these Terms of Use. - Qualifying Purchases
A "Qualifying Purchase" is defined as a purchase made by a user through the Affiliate’s unique referral link or other approved methods that meet all the conditions specified in the Affiliate Agreement. Purchases that are refunded, cancelled, or disputed do not qualify for commissions. - Commission Rates and Payment Terms
The commission rate for Qualifying Purchases, as well as the schedule for commission payments, will be outlined in the Affiliate Agreement. We reserve the right to change the commission rate or payment terms at any time. Commission payments will be made in accordance with the terms specified in the Affiliate Agreement and are subject to applicable taxes and deductions. - Tracking and Reporting
We will track Qualifying Purchases through the use of cookies, unique referral links, or other tracking mechanisms. It is the responsibility of the Affiliate to ensure that tracking is properly implemented and that any necessary disclosures are made to Buyers regarding the use of cookies and other tracking technologies.
Body Measurements
Our custom-built proprietary AI body measurement technology helps you find the right size. Complete your body scan in the Parallel app to unlock access to the size recommendation tool and filter posts to see outfits on people with a similar body type.
To ensure the accuracy and integrity of the system, users must:
- Properly submit two photos of yourself (and no one else) per the guidelines.
- Accurately input their height.
Should a user impersonate someone else in these images or input an inaccurate height, Parallel may request changes. Impersonation or false representation of information can lead to account deactivation.
Disclaimer of Representations and Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. PARALLEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
PARALLEL MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. PARALLEL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.
Notification Disclaimers
You understand and agree that any notifications provided to you through the Service may be delayed or prevented by various factors. Parallel does its best to give notifications promptly with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that Parallel shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification, for any errors in the content of a notification, or any actions taken or not taken by you or any third party in reliance on a notification.
Limitations of Parallel’s Liability
PARALLEL SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF PARALLEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, PARALLEL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED CANADIAN DOLLARS).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF PARALLEL SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
Your Indemnification of Parallel
You shall defend, indemnify and hold harmless Parallel and its officers, directors, shareholders, and employees from and against all claims and expenses, including but not limited to attorneys fees and other legal expenses, in whole or in part arising out of or attributable to your use of the Service or any breach of this Agreement by you or your violation of any law or the rights of a third-party when using the Service.
Ending your Relationship with Parallel (and vice versa)
This Agreement will continue to apply until terminated by either you or Parallel as set out below. If you want to terminate this Agreement, you may do so immediately at any time by deleting your account for the Service. Please use the directions below to delete your account, but only if you have created it once. Otherwise, uninstall Parallel and stop visiting our website. Under your account settings, find the “Delete Your Account” button and click it. You will be prompted to ensure you meant to do this. Upon agreeing to do so, your account will be closed, your ability to log in will be deactivated, and any data in our records will be retained subject to our privacy policy. Parallel may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if safe to do so) to the e-mail address provided by you as part of your Registration Information.
Modifications
Parallel may modify this Agreement from time to time to reflect (i) technological developments, (ii) changes to the Service, and (iii) changes to law and regulation. Any and all changes to this Agreement will be posted on the website and app. In addition, the Agreement will always indicate the date it was last revised. These changes will not be retrospective (i.e. they will only apply from the date notified or any later date stated in the notification). If you disagree with the changes, you can exercise your right to stop using the Service and terminate this Agreement (as above). You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
ARBITRATION
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN THE PROVINCE OF MANITOBA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.
BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND PARALLEL ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
You also agree not to participate in claims brought in a private attorney general or representative capacity or consolidated claims involving another person’s account if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (180) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.
Governing Law and Forum for Disputes
This Agreement and your relationship with Parallel under this Agreement shall be governed by the laws of Manitoba in Canada without regard to its conflict or choice of laws provisions. Any dispute with Parallel or its officers, directors, employees, agents or affiliates arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Parallel may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Parallel can offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Parallel, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Copyright Disputes and User Content
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), which relates to online service providers like Parallel being asked to remove user-generated material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing and to terminate the accounts of repeat alleged infringers.
Consumer Rights Notices
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service receive 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 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Parallel does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Parallel has the benefit of under any applicable law), this will not be taken to be a formal waiver of Parallel’s rights and that those rights or remedies will still be available to Parallel.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Supplemental Terms for Users Accessing or Using Our Services in Canada, Australia or New Zealand
Canada
If you are accessing or using our Services in Canada, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in Canada:
Application of the Canadian Provincial Consumer Laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of Canadian provincial consumer laws, including any applicable statutory consumer guarantees and rights, contained in Canadian provincial law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law.
Governing Law for Consumers Residing in Quebec. If you reside in Quebec, the Agreement will be governed the laws of the Province of Quebec, without giving effect to any principles of conflicts of laws.
Commercial Electronic Messages: We will obtain your consent where required by law to send you Electronic Notifications, Push Messages or emails about our own and third-parties' goods and services that may be of interest to you.
Australia
If you are accessing or using our Services in Australia, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in Australia:
Application of the Australian Consumer Law. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), including any applicable statutory consumer guarantees, contained in the Australian Consumer Law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law, including the Australian Consumer Law, if applicable.
Indemnity. You will not be obliged to indemnify Parallel;Your Indemnification of Parallel; to the extent that any claims and expenses arise from the negligence or wilful misconduct of Parallel, its officers, directors, shareholders and employees.
Modification. Where Parallel modifies this Agreement, we will provide you with reasonable notice, where practicable, of such modification. Your Registration Information; you consent to receiving, and our use and disclosure of your personal information in order to send you, sponsored links from advertisers, third-party offers, Parallel offers, personalized links or other electronic notifications, which may be of interest to you.
Collection notice and consent. You acknowledge and agree that our Privacy Policy explains how, and the purposes for which we will collect, use, disclose and handle your personal information; how to access and seek correction of your personal information; how you can lodge a complaint regarding the handling of your personal information; and how we will handle any such complaint. If you do not provide us with relevant personal information, we may not be able to provide you with access to parts of the Services. You acknowledge that your personal information may be disclosed to our related entities and to third parties that help us deliver our Services (subject to and in accordance with our privacy policy), including parties located outside of Australia, such as in the United States and the European Union.
New Zealand
If you are accessing or using our Services in New Zealand, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in New Zealand:
Application of New Zealand consumer laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of mandatory provisions of New Zealand consumer law, such as the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law.
Modification. Where Parallel modifies this Agreement, we will provide you with reasonable notice, where practicable, of such modification.
Commercial Electronic Messages: We will obtain your consent where required by law to send you Electronic Notifications, Push Messages or emails about our own and/or third-parties; goods and services that may be of interest to you. We will comply with all applicable legal requirements in relation to the electronic messages we send you, and will ensure that any text messages you receive are not billed to you unless you have specifically consented to the associated fees and charges.
Last Updated: August 22, 2024