Last Updated: September 22, 2020
1. User’s Acknowledgment and Acceptance of Terms.
1.1 Our Services. Concord Analytics LLC, a New York limited liability company (referred to as “Concord Analytics”, “Daily Shot”, “us”, “we”, “Company” or similar terms) provides the following services, products and content to our Users (as defined below): (i) our daily chart-based newsletters known as “The Daily Shot” and “The Daily Shot Brief” that are delivered via email and cover global macroeconomic and market trends (collectively, the “Newsletter”), (ii) our websites located at thedailyshot.com and DailyShotBrief.com which provide Newsletter content and other related financial data and information, (collectively, the “Site(s)”) and (iii) to the extent we make an App available, such App. The Newsletter, Sites and any App we may make available shall be referred to as the “Platform”.
1.2 Scope. Please know that the Platform is not intended for broad consumption. To get the most out of the Platform, Users must possess at least some understanding of economics and financial markets. While we make every effort to provide links to supplemental reading materials, a great deal of what we present/discuss may be difficult to follow for novice readers with limited prior knowledge of the topics, concepts, and the jargon/acronyms used. Sample Newsletters are available at the Site.
1.6 DISCLAIMER – USE AT YOUR OWN RISK. The PLATFORM AND SERVICES PROVIDE USERS WITH ACCESS TO NEWSLETTERS AND CONTENT COVERING ECONOMIC AND MARKET TRENDS. Daily Shot and its affiliates are not themselves financial, Investment OR BUSINESS advisors and do not themselves provide investment-related services, TRADING RECOMMENDATIONS, or other PROFESSIONAL BUSINESS SERVICES or advice. The Services and Content, INFORMATION AND DATA in the Services are PROVIDED for informational, EDUCATIONAL and convenience purposes only, and are not intended to provide, and should not be relied on for, investment, financial, business, tax or legal advice. We do not recommend or endorse any specific investment strategies or investment products OR SECURITIES that may be mentioned on, REFERENCED BY OR INCLUDED IN the Services. THE DATA AND INFORMATION ACCESSED BY USER VIA THE SERVICES SHOULD NOT BE CONSTRUED AS A RECOMMENDATION by daily shot or any of its affiliates TO BUY, SELL OR HOLD ANY INVESTMENT OR SECURITY OR MAKE ANY OTHER INVESTMENT DECISIONS YOU ARE solely responsible and liable for YOUR USE of THE SERVICES, INCLUDING FOR DETERMINING THE MANNER IN WHICH YOU ACCESS AND USE THE SERVICES AND THE EXTENT TO WHICH YOU UTILIZE THE SERVICES, including the extent to which you make investment or financial decisions based on information obtained via the services. IN PARTICULAR, WE ASSUME NO responsibility FOR THE CORRECTNESS OR APPROPRIATENESS OF ANY information or CONTENT YOU ACCESS VIA THE SERVICES. ALL SUCH INFORMATION AND CONTENT IS PROVIDED ON “AS IS” BASIS AND We recommend that you SEPARATELY verify and confirm any information AND RESULTS you obtain from THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE AND OUR AFFILIATES WILL NOT be held liable for damage or injury resulting from TRADING LOSSES, LOSS OF PROFITS, LOSSES ARISING FROM access or the impossibility of access or from the use or impossibility of use of SERVICES or from the fact that you have relied on information given on SERVICES. YOU BEAR SOLE responsibility FOR YOUR FINANCIAL AND INVESTMENT DECISIONS.
2. Definitions. The following terms shall have the following meanings for purposes of this Agreement. Capitalized terms not defined in this Section are defined elsewhere in the Agreement.
“Affiliates” means Daily Shot’s owners, officers, directors, affiliated companies, suppliers, partners, sponsors, Content Providers, and other agents and representatives, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Platform, the Content and any of our other Services.
“App” means any software applications or mobile device applications from time to time made available by Daily Shot, including any application that may be downloaded, installed or made otherwise accessible on a User’s computer or mobile device via the Site, web applications, the Apple App Store, the Google Play Store, or other similar platforms.
“Content,” means any content, articles, summaries, material, information, data, chart, tables, figures, media, post, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed or otherwise accessed by Users on or through the Platform or other Services.
“Content Providers” means any third parties that provide Content or Third Party Materials that may be included in, linked to or otherwise made available via the Content or other Services.
“Services” means (i) the Platform, (ii) all Content, (iii) any specific service or offering that may be provided by Daily Shot via the Platform , which may include Premium Features (as defined below), (iv) any support services that may be provided by Daily Shot in its sole discretion for facilitating, maintaining and monitoring your use of the foregoing, and (v) any other services or offerings that Daily Shot may provide from time to time related to or via the Platform.
“User” or “you” or “your” (and similar terms) means any person that visits, views, uses or accesses any portion of the Platform or any of the other Services.
3.2 Payments; Premium and Paid Features. While we make our Daily Shot Brief newsletter and our corresponding Site located at DailyShotBrief.com available to Users at no cost, our expanded Daily Shot newsletter and our Site located at thedailyshot.com are provided to Users as a fee-based subscription service. See our Daily Shot subscription page for more information regarding our different Daily Shot subscription options, including applicable fees and different access rights granted based on your subscription level. In order to receive, access and use the fee-based portions of the Platform, you will need to pay all applicable subscription and access fees. Daily Shot may also from time to time elect to charge additional fees in connection with all or a portion of the other Services, or to offer all or a portion of the other Services on a subscription basis, or may otherwise elect to restrict portions of the Services or features and functionality within the Services. All such advanced, additional, paid and subscription-based Services (including the different subscription levels for the Daily Shot newsletter and our paid Site located at thedailyshot.com) are collectively referred to herein as “Premium Features” and payment to Daily Shot is required for Users to access and use such Premium Features.
We may from time to time offer certain Users the ability to access and use certain Services on a free or reduced-rate trial basis. Relevant Services, time periods and rates will vary depending on promotions occurring at the time. Please note that continued use of those Services after the trial period will generally require payment of applicable rates and fees. In particular, you may be required to provide a valid credit card when registering to access and use any Services on a free or reduced-rate trial basis. In such case, unless you cancel the Service during your trial period, your trial access will automatically convert to a paid subscription and we will charge your credit card for all rates and fees then applicable to the relevant Services following the trial period. You acknowledge and agree with the foregoing and permit us to charge your credit card in connection with all trial Services that have so converted to paid Services.
Additionally, full-time students with a valid student ID can apply for a discount to access and use certain paid Services. We reserve the right to check the validity of your student status with your educational institution. If we, in our sole discretion, deem a User’s educational credentials to be questionable, we reserve the right to deny that User’s application for a student discount.
3.3 Payment and Authorization. If you elect to purchase or subscribe for the Daily Shot newsletter and corresponding paid Site (thedailyshot.com) or any other Premium Features, a valid credit card will be required for paying accounts and Services will be billed in advance in accordance with the applicable pricing schedule. There will be no refunds or credits for partial months of paid Services. All fees will be exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based on Daily Shot’s income. You agree to pay for any taxes that might be applicable to your use of such paid Services. You agree to be billed monthly, annually or at such other installments as mutually agreed, and grant us the right to charge your credit card (or otherwise facilitate payment) with the payment information you provide us, including on a recurring basis. You will reimburse us for any fees that we may be charged related to declined payments, and you will keep us informed of all changes to your billing information.
3.4 Renewals; Cancelation. All paid subscriptions are final and non-refundable. Subscriptions can be canceled online at thedailyshot.com at any time before the end of the applicable payment term. We generally bill on an annual or monthly basis depending on your subscription as further shown on our Daily Shot subscription page. All subscriptions auto-renew unless explicitly canceled before the end of the term.
3.5 Limitations. Daily Shot reserves the sole right to either modify or discontinue all or a portion of the Services, including the Site, the Newsletter and any features therein, at any time with or without notice to User. Daily Shot shall not be liable to User or any third party should Daily Shot exercise such right. User understands and agrees that temporary interruptions of the Services may occur as normal events.
User further understands and agrees that Daily Shot has no control over third party networks or data or Content streams that User may access in the course of the use of the Services. Therefore, delays and disruption of network transmissions are completely beyond Daily Shot’s control, as are the accuracy and completeness of information, data and Content received via such third party networks or streams.
We do not warrant or make any representations concerning the accuracy, completeness, timelessness or reliability of the Content included in the Platform or any of our other Services, nor do we guarantee that any omissions or errors in any portion of our Platform or other Services will be corrected. Given the amount of Content we publish on a daily basis, typos and errors should be expected from time to time. Also, while the Platform contains elements of news and research, it is neither. This Platform is essentially a blog, and all the comments represent the author’s opinion. Images and comments in the Platform, including third-party images, may be considered biased or objectionable for some Users. Unlike the mass-media financial publications, we generally do not “sugarcoat” the materials presented. Additionally, charts included in the Platform are for illustration purposes and may not fully capture the extent and scope of economic and market movements and trends, and therefore could be interpreted as misleading.
3.6 Equipment and Requirements. User acknowledges that certain portions or features of the Services may not be fully accessible or functional without: (i) a working computer or mobile device; a working Internet connection; (iii) a user account and/or an access/activation code or payment for Premium Features or any other Services that require payment; and (iv) other system elements, specifications, technology and/or equipment that may be specified by Daily Shot from time to time. It is User’s responsibility to ensure that User has all required system elements. User understands and agrees that temporary interruptions of the Services may occur as normal events. Daily Shot may use third party providers to store, manage, and authenticate accounts and content, and to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. We are not responsible for possible issues caused by third party faults or discontinued services. Daily Shot does not guarantee or warrant that any Content that you save, store or access through the Services will not be subject to inadvertent damage, corruption, or loss.
3.7 Maintenance. Without limiting any of the other terms and conditions of this Agreement, User acknowledges that Daily Shot may perform maintenance on the Services from time to time (when and as needed as determined by Daily Shot in its sole discretion), which may result in service interruptions, delays, or errors. Daily Shot will not be liable for any such interruptions, delays, errors or bugs.
3.9 Publication & Delivery. We strive to circulate the Newsletter at least 240 days a year. The Newsletter will typically not be published on weekends, around US bank holidays, and on days when the New York Stock Exchange is closed. Subscribers should expect pauses in Services around Christmas/New Year’s holidays, Easter holidays, late August, and around Thanksgiving holiday. Service pauses will typically be announced in the Newsletter and on the Site. However, Newsletter distribution may be subject to arbitrary interruptions beyond our control, including but not limited to the author’s illness. We also make no guarantees regarding daily delivery times for the Newsletter. Given the tremendous amount of time it takes to produce the Newsletter and depending on global events, the Newsletter may be circulated any time between midnight and 6 AM EST. The purpose of the Newsletter is not to provide timely investment/trading advice, and Users should not expect the letter to arrive before the opening of specific markets (such as the London Stock Exchange or Euronext).
3.10 Inbox Access Responsibility. The Newsletter is unlike many other newsletters and daily email summaries. The large volume of images and URL links (to a wide variety of websites) included in the Newsletter makes it a target for spam filters and zealous network administrators. Since the length of the Newsletter and the external links change every day, spam filters can appear to block the Newsletter at random. It can be particularly challenging to get the Newsletter through the network security of some corporations (especially in Europe). Moreover, in some situations, email service providers such as Optimum and Comcast block the Newsletter from getting to their clients’ inboxes. In many instances, solutions or workarounds are available to overcome these challenges (see Technical Issues Q&A), but ultimately it is the responsibility of the User to make sure that the Newsletter reaches their inbox.
3.11 Conflicts. Our editors, principals, employees, or contractors may or may not have a financial interest in any of the securities or financial instruments discussed in the Platform or otherwise referenced by the Services.
4. Electronic Contracting and User Notices.
All questions, comments, claims or other notices to Daily Shot shall be in writing and shall be made either via email or conventional mail to the addresses set forth below, or using any contact functions made available via the Platform.
136 Windwood Dr.
Dingmans Ferry, PA 18328
Email: [email protected]
5. User Requirements & Restrictions.
5.1 Accuracy; Security. User agrees to: (i) provide true, accurate, current and complete information about User as prompted by Daily Shot’s forms and in any other related document or agreement; (ii) to maintain and update User’s information to keep it true, accurate, current, and complete. User acknowledges that, if any information provided by User is untrue, inaccurate, not current, or incomplete, Daily Shot reserves the right to terminate User’s use of the Services and withdraw any offer or agreement. You agree to keep your account information, including your username and password, secure and not to share it with any third party. You are solely responsible for maintaining the security of your account and confidentiality of your access credentials.
5.2 Restrictions. While using Services, you agree that you will not:
(i) violate any laws, third party rights or our policies;
(ii) use our Services or submit any of our forms if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our Services;
(iii) manipulate the Platform, the other Services, email responses or interfere with any other users use of the Services;
(iv) provide false, inaccurate, misleading, defamatory, or libelous information or content;
(v) spoof or create any emails, content, correspondence or other information from us, including fake or fraudulent acceptances or offers;
(vi) create any competitive service or feature (or otherwise establish a competitive business) based on, in whole or in part, any content on the Platform, or any of our other Services or business ideas,
(vii) distribute viruses or any other technologies that may harm us, or the interests or property of our other Users;
(viii) copy, publish, display, reproduce, create derivative content from, modify, sell or distribute rights or Content from the Platform or otherwise commercialize any of our Services or any Content provided with the Services;
(ix) harvest or otherwise collect information about our Users, including email addresses, without their consent;
(x) use the Services to gain unauthorized access to Daily Shot’s network(s) or server(s);
(xi) interfere with any User’s use and enjoyment of the Platform or other Services;
(xii) violate the intellectual property rights, including but not limited to, copyrights, trademark rights, trade secrets or patents of any person or entity.
Without limiting the foregoing and subject to Section 5.7, you agree that you shall not redistribute or transmit the Platform (including any Content included within the Platform) to any third party, including your co-workers or others within your business organization. You also agree to never share the “View in Browser” URL address associated with any portion of the Platform. This description of prohibited conduct is not intended to be exhaustive, and Daily Shot has sole discretion to determine what constitutes prohibited conduct for Users. Users who violate system or network security may incur criminal or civil liability.
5.4 Remote Monitoring. Daily Shot shall have the right and ability to monitor use of the Services remotely and/or electronically to verify User’s compliance with the terms of this Agreement.
5.5 Telemetry and Remote Collection. User acknowledges and agrees that certain portions of the Platform or other Services may transmit to Daily Shot (and Daily Shot may collect and use) certain data and information related to the Platform or the Services, including as related to its operation and use.
5.6 Remote Disablement. In the event that User does not pay any fees due for the Services (to the extent applicable), when due or User is otherwise in material breach of the terms of this Agreement (for instance, a breach of Section 5.2), User acknowledges and agrees that Daily Shot may remotely disable or terminate access to and use of the Platform or other Services. In such event, all previously paid fees shall be non-refundable and forfeited.
5.7 Social Media Reposting. Notwithstanding Section 5.2, Users may post and share charts from the Platform on Twitter so long as Users provide credit to @SoberLook or @TheDailyShot in each post. When posting our charts on other social media platforms such as LinkedIn, Users are required in each instance to credit heDailyShot.com.
5.8 Not for Printing. The Newsletter is designed to be viewed on a computer or mobile device and is not suitable for printing. A typical Daily Shot printout will not be properly formatted, will be difficult to read, and can take up 70-100 printed pages. The Newsletter will also not render well in PDF.
8. Third Party Sites, Materials and Information. The Platform and other portions of the Services may link Users to other sites on the Internet or otherwise include or reference third-party articles, websites, social media accounts/posts, and documents (“Third Party Materials”).
For instance, the Newsletter includes third-party charts, tables, quotes and other similar Content. We typically provide the source(s) of all Third Party Materials included in the Newsletter, but cannot guarantee the accuracy of the attribution, especially for charts and other materials sourced on Twitter. The sources of charts produced using the FRED (St. Louis Fed) website can be found here: https://fred.stlouisfed.org/. If no source for a third-party chart, table or quote is provided, the reader should assume that the source is the Bloomberg Terminal/Bloomberg Professional Services.
Additionally, Third Party Materials linked to or included or referenced in the Platform or Services may contain information or material that some people may find inappropriate or offensive. These Third Party Materials (and the Content Providers responsible therefor) are not under Daily Shot’s control, and User acknowledges that Daily Shot is not responsible for the accuracy, completeness, validity, timelessness, availability, copyright compliance, legality, decency, or any other aspect of such Third Party Materials, nor is Daily Shot responsible for errors or omissions in any references to Third Party Materials. The inclusion of Third Party Materials, including any reference or link thereto, is provided merely as a convenience and does not imply endorsement of, or association with, the Platform or the Services of any kind, either express or implied. You access and use all such Third Party Materials entirely at your own risk and subject to such third parties’ terms and conditions. We expressly disclaim any responsibility and accept no liability with respect to any Third Party Materials included in the Platform or other Services or for the Content Providers responsible therefor. Additionally, please note that from time to time, the URL links provided in the Platform may not be viable, or materials may not be accessible for some or all subscribers. Many third-party sources require paid subscriptions to access their websites (such as the Wall Street Journal or the Financial Times).
9. Intellectual Property Information.
9.2 Feedback. By submitting feedback and suggestions to Daily Shot, you agree to grant and hereby do grant a non-exclusive, perpetual, irrevocable, worldwide and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to Daily Shot to use to improve Daily Shot products or services. You acknowledge that submission of feedback and suggestions is voluntary and Daily Shot may consider or is developing technology that is the same or similar to your feedback or suggestions.
10. Disclaimer of Warranties.
THE PLATFORM AND THE SERVICES, AND ALL CONTENT ON, AND SERVICES PROVIDED THROUGH, THE PLATFORM /OR THE OTHER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DAILY SHOT MAKES NO WARRANTY THAT (A) THE PLATFORM, THE CONTENT AND SERVICES WILL MEET USER’S REQUIREMENTS, (B) THE PLATFORM, THE CONTENT AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE CONTENT, THE SERVICES OR RESULTS OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY USER FROM THE PLATFORM, OR THE SERVICES FROM DAILY SHOT OR DAILY SHOT’S AFFILIATES WILL MEET USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE PLATFORM, THE CONTENT AND/OR RESULTS OF THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. THE USE OF THE PLATFORM, THE CONTENT, THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE PLATFORM OR THE SERVICES ARE DONE AT USER’S OWN DISCRETION AND RISK AND WITH USER’S AGREEMENT THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO USER’S COMPUTER SYSTEM(S) OR NETWORK(S) OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
11. Limitation of Liability.
IN NO EVENT SHALL DAILY SHOT BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, TRADING LOSSES OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT DAILY SHOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM, , THE SERVICES, OR ANY CONTENT, OR WEB SITE REFERENCED OR LINKED TO FROM THE PLATFORM. FURTHER, DAILY SHOT SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE PLATFORM OR SERVICES, OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. DAILY SHOT AND ITS AFFILIATES MAXIMUM LIABILITY UNDER THIS AGREEMENT AND FOR ANY CLAIMS RELATED TO A USER’S USE OR ACCESS TO THE PLATFORM OR ANY OF THE OTHER SERVICES SHALL BE $100. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER IN THOSE PARTICULAR JURISDICTIONS. WITHOUT LIMITING THE ABOVE, DAILY SHOT SHALL NOT BE LIABLE FOR AND HEREBY EXPRESS DISCLAIMS ANY RESPONSIBILITY FOR ANY CLAIMS OR ACTIONS BY THIRD PARTIES WITH RESPECT TO INFRINGEMENT CLAIMS AND DAILY SHOT SHALL NOT INDEMNIFY OR DEFEND USER FOR ANY CLAIMS RECEIVED FROM THIRD PARTIES WITH RESPECT TO ANY INFRINGEMENT OR INTELLECTUAL PROPERTY MATTERS RELATED TO USER’S USE OF THE PLATFORM, CONTENT OR OTHER SERVICES.
13. International Use.
Although the Platform and/or other Services may be accessible worldwide, Daily Shot makes no representation that (i) use of, or Content on, the Platform or any other Services are appropriate or available for use in locations outside the United States, and (ii) use of the Platform, or any other Services, or Content on the Platform or made available via the Services, are compliant with foreign law. Users who choose to access the Platform or other Services from other locations do so on User’s own initiative and are responsible for compliance with local laws and requirements. Any offer for any product, service, and/or information made in connection with the Platform, or with any of the other Services is void where prohibited.
14. Law; Venue.
15.1 Agreement to Arbitrate. This Section is referred to as the “Arbitration Agreement.” User agrees that any and all disputes or claims that have arisen or may arise between User and Daily Shot, whether arising out of or relating to this Agreement or in connection with Users use of the Platform or other Services, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that User may assert individual claims in small claims court, if User’s claims qualify. User agrees that, by agreeing to this Agreement, User and Daily Shot are each waiving the right to a trial by jury or to participate in a class action. User’s rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Notwithstanding the foregoing, this Arbitration Agreement shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Arbitration Agreement.
15.2 Prohibition of Class and Representative Actions and Non-Individualized Relief. User and Daily Shot agree that each may bring claims against the other only on an individual basis and not as plaintiff or class member in any purported class or representative action or proceeding. Unless both User and Daily Shot agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
15.3 Pre-Arbitration Dispute Resolution. Daily Shot is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to the participant’s satisfaction by emailing Daily Shot’s support team at [email protected] If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Daily Shot should be sent to Daily Shot at 136 Windwood Dr., Dingmans Ferry, PA 18328, USA Attn: Lev Borodovsky (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Daily Shot and User do not resolve the claim within sixty (60) calendar days after the Notice is received, User or Daily Shot may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Daily Shot or User shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which User or Daily Shot is entitled.
v15.4 Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Commercial Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Daily Shot and User agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If User’s claim is for $10,000 or less, Daily Shot agrees that User may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If User’s claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
15.5 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
15.6 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
15.7 Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause 16.2 above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of clause 16.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
16. Entire Agreement.
17.2 Force Majeure. In addition to any excuse provided by applicable law or under this Agreement, Daily Shot shall be excused from liability for non-delivery or delay in delivery of products and services available through the Platform arising from any event beyond Daily Shot’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, pandemic, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Daily Shot’s reasonable control, whether or not similar to those which are enumerated above.