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DISPUTES

1.2 NOTICE OF BINDING ARBITRATION; WAIVER OF CLASS ACTION. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 15.1 WHICH PROVIDES THAT YOU AND TRUFAN.IO WILL RESOLVE ALL DISPUTES THROUGH MANDATORY AND BINDING ARBITRATION, UNLESS YOU OPT OUT THROUGH THE MECHANISM PROVIDED IN THESE TERMS OR ARE IN A PROVINCE, STATE, OR COUNTRY IN WHICH THE COURTS OR APPLICABLE LAW WILL NOT PERMIT YOU TO CONSENT TO BINDING ARBITRATION. THIS MEANS THAT, IN THE EVENT OF A DISPUTE WITH TRUFAN.IO, YOU WILL NOT BE ABLE TO HAVE THAT DISPUTE RESOLVED BY A JUDGE OR A JURY UNLESS AN EXCEPTION APPLIES TO YOU. ADDITIONALLY, IN SECTION 15.2 OF THESE TERMS, YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AGAINST TRUFAN.IO. PLEASE CAREFULLY READ SECTIONS 15.1 AND 15.2.

15.1 Arbitration.  If the courts or applicable law in your province, state, or country will not permit you to consent to binding arbitration, then any legal suit, action, or proceeding arising out of or related to this Agreement will be instituted exclusively in the courts of the Province of British Columbia, Canada, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Otherwise, you agree that in the event of any dispute between you and Trufan.io arising out of or relating to these Terms or the relationship between any Trufan.io and you, that you and Trufan.io shall consult and negotiate with each other and, recognizing your mutual interests, attempt to reach a solution satisfactory to both you and Trufan.io. If you and Trufan.io do not reach settlement within a period of 60 days, then such dispute shall be referred to and finally resolved by mandatory and binding arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre. The appointing authority shall be the British Columbia International Commercial Arbitration Centre. The case shall be administered by the British Columbia International Commercial Arbitration Centre in accordance with its Rules. The place of arbitration shall be Vancouver, British Columbia, Canada. The number of arbitrators shall be set to one unless otherwise required by the Rules. The language of the arbitration will be English. The existence and content of the arbitration proceedings, including documents submitted by the parties, correspondence to and from the British Columbia International Commercial Arbitration Centre, correspondence to and from the arbitrator, and orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party (except for professional advisors) without the express written consent from the other party unless: (a) (i) the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein; or (b) such disclosure is required by applicable law or court order. Notwithstanding the foregoing, Trufan.io may seek injunctive or other equitable relief to protect its rights, and for any other purpose, in any court of competent jurisdiction.

You may opt out of the above arbitration clause. If you opt out, then neither you nor we will be able to require the other to participate in arbitration for the purposes of resolving any dispute, claim or controversy between you and Trufan.io arising out of or relating to these Terms or the relationship between any Trufan.io and you. To opt out, you must, within 30 days of accepting these Terms, deliver to Trufan.io a clear written statement indicating that you wish to opt out of the arbitration provisions in these Terms. The statement must contain: (a) your name; (b) your mailing address; (c) your telephone number; (d) your email address; and (e) your Account name (if any). The opt-out statement must be delivered to the following address:

| Term | Definition |

|-----------|----------------------------------------------------------------------------------------------|

| Limited | Arbitration is restricted in scope, applying only to certain types of disputes or claims. |

| Mandatory | Parties are required to resolve disputes through arbitration rather than court litigation. |

| Binding | The decision made by the arbitrator is final and enforceable, with limited grounds for appeal.|

| Pre-Arbitration | Parties must attempt to resolve disputes through informal negotiation or mediation before initiating arbitration. |

| Class Action Waiver | Parties agree not to participate in any class action lawsuits or class-wide arbitration related to disputes under this agreement. Each dispute must be resolved on an individual basis. |

Class Action Lawsuits in Consulting Agreements​

A class action lawsuit allows a group of individuals with similar claims to collectively bring a case against another party. In the context of a consulting web development firm and its client, a class action could arise if multiple clients allege similar issues—such as breach of contract, negligence, or failure to deliver agreed services.

However, many consulting agreements include a Class Action Waiver. This means both the firm and the client agree not to participate in any class action lawsuits or class-wide arbitration. Instead, disputes must be resolved individually. This waiver helps prevent large, collective claims that can be costly and complex, ensuring that each dispute is handled on its own merits between the specific parties involved.

LIQUIDATED DAMAGES​

You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting CL users' information, including personal or identifying information - $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of CL without that party's express written consent - $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of CL - $1,000 per violation; (D) posting or attempting to post Prohibited Content - $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of CL - the price per post applicable to that section of CL; (F) sending an unauthorized/unsolicited email to an email address obtained from CL

  • $25 per violation; (G) using CL user information to make/send an unauthorized/unsolicited text message, call, or communication to a CL user - $500 per text/call/communication; (H) creating a misleading or unlawful CL account or buying/selling a CL account - $4 per violation; (I) abusing or attempting to abuse CL's flagging or reporting processes

  • $1 per violation; (J) distributing any software to facilitate violations of the USE Section - $1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting CL content for any purpose without our express written consent - $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of CL in any 24-hour period - $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts - $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.