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Terms & Conditions

Terms and conditions (“Terms”) are a set of legal terms defined by the owner of a website. They set forth the terms and conditions governing the activities of the website visitors on the said website and the relationship between the site visitors and the website owner.  Terms must be defined according to the specific needs and nature of each website. For example, a website offering products to customers in e-commerce transactions requires Terms that are different from the Terms of a website only providing information. Terms provide the website owner the ability to protect themselves from potential legal exposure.

("www.learningpassionguide.com","learningpassionguide" "we", "us" or "our") is the owner and operator of the website at www.learningpassionguide.com ("Site"). Please read these Terms of Service carefully. These Terms of Service set out the conditions under which you may use our services ("Services") offered through the Site. By responding “I AGREE”, you ("you", "user", "customer" or "end user") agree that you have read, understood, and are legally bound by these Terms of Service and are of legal majority in the jurisdiction(s) in which you reside. You represent and warrant that you are aged or older (at least 18 years of age in most jurisdictions). If you accept these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such legal entity to the terms and conditions set forth herein. If you do not have such authorization or do not agree to any of these terms, you are not permitted to use the Services. If you accept these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such legal entity to the terms and conditions set forth herein. If you do not have such authorization or do not agree to any of these terms, you are not permitted to use the Services. If you accept these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such legal entity to the terms and conditions set forth herein. If you do not have such authorization or do not agree to any of these terms, you are not permitted to use the Services.

It is your responsibility to periodically check these terms for updates. When such a change is made, we will update the "Last Updated" date at the end of this document.


The section entitled "Miscellaneous" below contains a binding arbitration agreement and class action waiver.
They affect your legal rights. Please read them.

Services
Through the site, we provide solutions to support organic app growth and analyze app marketplace intelligence. The Services are provided to you on a subscription basis ("Subscription"). The features and functionality of the Services available to you will be based on the Subscription package you choose. Technical support will be provided to you according to the Subscription package you choose. All technical support will be provided via email for all paid Subscriptions and by phone for Premium and Enterprise Subscriptions.

Subject to the terms and conditions of these Terms of Service, you are granted a non-exclusive, non-transferable license to access and use the Services. You will not (and will not allow any third party to): (i) share login information (one login can only be used by a single person); (ii) registration of accounts created for "bots" or other automated uses; (iii) reverse engineer, decompile, disassemble or otherwise attempt to distinguish the source code, underlying ideas, algorithms, file formats or interface protocols of the Services; (iv) copy, modify, adapt or translate the Services or use, resell, distribute or sublicense the Services in any way other than as permitted herein; (v) make the Services available on a "service bureau" basis or allow any third party other than your employees acting on your behalf to use the Services without our site's prior written consent; (vi) remove or modify any proprietary marks or restrictive descriptions placed on the Services; (vii) introduce any virus, worm, "black door", Trojan Horse or similar malicious code into the Services; or (viii) use the Services in violation of any applicable law or regulation. If you violate this section, we reserve the right, in our sole discretion, to immediately deny you access to the Services or any part of it without notice. Except for your employees acting on your behalf without the prior written consent of Mobile Action; (vi) remove or modify any proprietary marks or restrictive descriptions placed on the Services; (vii) introduce any virus, worm, "black door", Trojan Horse or similar malicious code into the Services; or (viii) use the Services in violation of any applicable law or regulation. If you violate this section, we reserve the right, in our sole discretion, to immediately deny you access to the Services or any part of it without notice. except your employees acting on your behalf without the prior written consent of our site; (vi) remove or modify any proprietary marks or restrictive descriptions placed on the Services; (vii) introduce any virus, worm, "black door", Trojan Horse or similar malicious code into the Services; or (viii) use the Services in violation of any applicable law or regulation. If you violate this section, we reserve the right, in our sole discretion, to immediately deny you access to the Services or any part of it without notice. (vi) remove or modify any proprietary marks or restrictive descriptions placed on the Services; (vii) introduce any virus, worm, "black door", Trojan Horse or similar malicious code into the Services; or (viii) use the Services in violation of any applicable law or regulation. If you violate this section, we reserve the right, in our sole discretion, to immediately deny you access to the Services or any part of it without notice. (vi) remove or modify any proprietary marks or restrictive descriptions placed on the Services; (vii) introduce any virus, worm, "black door", Trojan Horse or similar malicious code into the Services; or (viii) use the Services in violation of any applicable law or regulation. If you violate this section, we reserve the right, in our sole discretion, to immediately deny you access to the Services or any part of it without notice.

record
You can browse the Site as a visitor without giving us any information. If you want to use the Services, you will need to create an account and register as a user. During the registration process you will need to provide your name, company name, email address and other information requested during the registration process. You will also need to create a username and password for your account. You represent and warrant that all registration information you submit is true and accurate and that you will maintain the accuracy of this information. You are solely responsible for the privacy of your user account, as well as for its use and misuse. You will promptly notify us of the need to disable a username or password. We reserve the right to delete or change your username and/or password at any time and for any reason.

You acknowledge and agree that your use of the Services will require our site to send You e-mail messages from the e-mail address you provided during registration. You agree that our site may send You communications, by e-mail or otherwise, in the English language, including but not limited to notices and invoices (or other billing-related materials).

You agree that learningpassionguide may send you marketing communications regarding the Services.

We reserve the right to refuse, suspend or terminate your registration for any reason and at our sole discretion.


Subscription Trial Period
According to the updates of our site, the trial period may not always be in question, learningpassionguide reserves this right; Your initial Subscription to the Services is provided as a trial Subscription which will last for a period of seven (7) days ("Trial Period"). Upon expiry of the Trial Period, the Subscription will automatically commence subject to payment of the applicable Subscription fees set forth below. If the trial period subscription will not be on our website. subscription starts immediately after payment. You may cancel your subscription at any time during the Trial Period by emailing us at contact@learningpasssionguide.com; The cancellation will take effect within twenty-four (24) hours.

learningpassionguide reserves the right, at its sole discretion, to terminate the free trial period, reduce/change its scope, usage, or discontinue the Free/paid Trial offer altogether at any time. learningpassionguide assumes no liability to You or any third party for such termination, reduction/change or discontinuation. learningpassionguide may terminate, reduce, suspend, change scope/content or terminate the Free/paid Trial period.

Fees; Automatic Renewals
A valid credit card is required for paying accounts and a credit card verification is required for free trial accounts, but will not be charged immediately after trial ends.
If a free trial is not specified on the website, the subscription will start with direct payment.

You agree to pay all applicable Subscription fees notified to you at registration. Any fee paid to learningpassionguide is non-refundable. We may use a third party service provider ("Third Party Service Provider") to process payment of such fees. You warrant and represent to this Third Party Service Provider that you are the valid owner or authorized user of the credit card you have issued to fulfill your payment and that all information is correct. We reserve the right to change any of the fees we charge or to create new or additional fees at any time with notice to you.

All fees are in USD, excluding any taxes, duties, or charges imposed by the tax authorities, and you are responsible for payment of all such taxes, duties, or charges excluding VAT only when a valid number is provided.

learningpassionguide will invoice You based on delivery during the billing period which must be paid within a net 15 (fifteen) days from the invoice date. Interest is charged on late payments at the rate of one percent (1%) per month or the highest rate permitted by law, whichever is lower. No interest is charged on late payments.

If you fail to pay on time or otherwise breach these Terms of Service or any warranty set forth herein, you will be liable for all costs (including attorneys' fees and costs) incurred by MobileAction in collecting these amounts.

Pay Per Use: If billing is on a pay per use basis (for example, billing on an App and/or Keyword and/or Ad Spend basis), the amount due is the agreed pricing scheme for each month. The amount due will be calculated based on the day of the month in which your Use of the Services is the maximum total.

Late payment: If you default on a payment due, MobileAction may, without affecting its other rights, delay the performance of its obligation until the completion of that payment and request an appropriate extension of the performance period.

It is important to note that when you sign up to use the Services, your Subscription will automatically renew until you cancel it.
If you have purchased a package that requires a purchase for 6 months or 12 months and a payment process every month, the package may have to expire. The learningpassionguide determines the right to choose. You can cancel at any time by notifying us in writing no later than fifteen (15) days before the next renewal date. and the cancellation will take effect the following month, subject to the terms and conditions set forth in the Section entitled “Termination Effect”. ” Again, if you do not cancel, your Subscription will automatically renew under the same Subscription.

Disputes: You agree to report any invoice dispute to learningpassionguide via email within thirty (30) days from the date of receipt of the invoice ("Invoice Dispute Period"). Billing disputes will be emailed to contact@learningpassionguide.com and will include detailed reason(s) for the dispute. To the fullest extent permitted by law, you waive all claims for the Services and fees unless requested or asserted during the Billing Dispute Period. For the avoidance of doubt, you agree that if you do not dispute an invoice within the Invoice Appeal Period, the invoice will be deemed complete and paid "as is". ” If you have contracted a third party to process invoices on Your behalf, you will use commercially reasonable efforts to provide learningpassionguide with the necessary information and/or authorization to facilitate timely payment to that third party. You further agree that your obligation to make timely payments and/or notify MobileAction of billing disputes in a timely manner will not be excused or excused by the actions of such third parties.


Use of Personal Data
Your use of the Site and/or the Services may include the transmission of certain personally identifiable information to us. Our policies regarding the collection and use of such personally identifiable information are governed by our Privacy Policy (included below), which is fully incorporated herein by reference.

learningpassionguide Intellectual Property
Any content we provide or make available within or through the Services, including any estimates and reports available through the Services and any third-party User Submissions ("Content"), is our intellectual property and copyrighted work or intellectual property of third-party authors. .

You may not use any of our trademarks (including our brands and logos) or links to our Sites in any way without our express permission.

You authorize learningpassionguide to potentially list your company, User Content or intellectual property (including but not limited to your logos or trademarks) for promotional purposes.

You agree not to copy, reproduce, sell, transmit, modify, publish, distribute, display, prepare derivative works from, reverse engineer, disassemble, decompile, or exploit any portion of the Services, learningpassionguide Content.

As between learningpassionguide and you, learningpassionguide shall (i) own all rights, titles and interests in the Services, including, without limitation, all source code, object code, operating instructions, and interfaces developed for or related to the same service; (ii) all changes, enhancements, revisions, modifications, copies, partial copies, translations, compilations, improvements and derivative works of the foregoing and all intellectual property rights thereunder; and (iii) other materials on the Site and/or the Services provided by or on behalf of learningpassionguide, and all intellectual property rights therein (collectively “learningpassionguide Intellectual Property”).
learningpassionguide website and applications is a website of Bayraktar Karagöz company.


Copyright and Related Complaints
If you believe the site contains any content that infringes your copyright, please contact our Copyright Agent with the following information detailed below:

Electronic or physical signature of the person authorized to act on behalf of the copyright owner; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site; Your address, telephone number and e-mail address; A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement under penalty of perjury that the above information in your notice is correct and that you are the copyright owner or have the authority to act on behalf of the copyright owner.

To contact our DMCA (Digital Millennium Copyright Act) Representative via regular mail, please write to: Copyright Agent learningpassionguide,
User information
learningpassionguide's (i) data you store in your user account ("User Stored Data"); and (ii) on a third party service that you facilitate access through the learningpassionguide's application programming interface (API) or other means (“Third Party Stored Data”), all subject to that third party's terms of service governing that data, if applicable. . User Stored Data and Third Party Stored Data are collectively referred to herein as "User Data". You retain all copyrights and other intellectual property rights to your User Data. However, it is hereby irrevocable, non-exclusive, worldwide, royalty-free, sublicensable,

During the use of the Services, we may provide or collect on your behalf data, information or material ("User Data") from your third party accounts on third party sites ("Developer Accounts"). Third Party Sites”), iTunes, Apple Store, Google Play, Amazon App Store, ad network accounts and other developer accounts to which the Services allow you to connect and store such User Data.

COMMUNITY GUIDES
By accessing and/or using the Services, you agree to:

You will not use the Services for any illegal purpose; You will not "follow" or otherwise harass any other user of the Services or any person; Impersonate any person or entity or misrepresent or otherwise misrepresent your affiliation with any person or entity; and the proper operation of the Services, by using any virus, device, information collection or transfer mechanism, software or routine, or by accessing or attempting to access any data or files related thereto, or attempt to interrupt. Services by hacking, password or data mining, or otherwise.


Unwanted Information
By sending us unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information"), you agree to be bound by the following terms and conditions. If you do not agree to these terms and conditions, you must not provide us with Unsolicited Information. All Unsolicited Information will be treated as NON-CONFIDENTIAL and NON-PROPERTY. We or any of our affiliates may use such communications or materials for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and further publication. Further, we and our affiliates are free to use any ideas, concepts, information or techniques contained in any communication or material you send to us for any purpose, including but not limited to developing, manufacturing and marketing products. By submitting any Unsolicited Information to us, you may use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, perpetual, royalty-free, and irrevocable You grant a right and a license. , transfer and sell this Unsolicited Information and use your name and other identifying information in connection with such Unsolicited Information. or techniques contained in any communication or material you send to us for any purpose, including but not limited to developing, manufacturing and marketing products. By submitting any Unsolicited Information to us, you may use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, perpetual, royalty-free, and irrevocable You grant a right and a license. , transfer and sell this Unsolicited Information and use your name and other identifying information in connection with such Unsolicited Information. or techniques contained in any communication or material you send to us for any purpose, including but not limited to developing, manufacturing and marketing products. By submitting any Unsolicited Information to us, you may use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, perpetual, royalty-free, and irrevocable You grant a right and a license. , transfer and sell this Unsolicited Information and use your name and other identifying information in connection with such Unsolicited Information. including but not limited to products development, production and marketing. By submitting any Unsolicited Information to us, you may use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, perpetual, royalty-free, and irrevocable You grant a right and a license. , transfer and sell this Unsolicited Information and use your name and other identifying information in connection with such Unsolicited Information. including but not limited to products development, production and marketing. By submitting any Unsolicited Information to us, you may use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, perpetual, royalty-free, and irrevocable You grant a right and a license. , transfer and sell this Unsolicited Information and use your name and other identifying information in connection with such Unsolicited Information.

security
Each party will protect and keep the other party's Confidential Information (as defined below) confidential with less care (but in no case less than reasonably) than protecting its own highly confidential and proprietary information. It will not use Confidential Information for any purpose unless necessary to perform its obligations under this Agreement or otherwise permitted under this Agreement. The receiving party may disclose, distribute or disseminate the other party's Confidential Information to any of its officers, directors, members, directors, partners, employees. or intermediaries, provided the recipient party reasonably believes they need to know and are subject to confidentiality obligations that are at least as restrictive as those contained herein. Except as expressly provided herein, the receiving party will not disclose, distribute or disseminate the other party's Confidential Information to any third party without the other party's prior written consent. If the receiving party is or may be legally required to disclose any of the other party's Confidential Information (by statement, questioning, request for documentation, subpoena, civil investigation request, or other process or otherwise), the receiving party may require the other party to do so. so that the other party may seek a protective order or other appropriate remedy and/or waive compliance with the terms of this Section. For the purposes of these Terms of Service, learningpassionguide's Confidential Information; Services, Properties and Services means the learningpassionguide intellectual property, including Reporting Metrics, non-public product plans, marketing plans, components and all code, tools and technology used in connection therewith. other information and materials related thereto, and your Confidential Information means your User Data.


learningpassionguide DISCLAIMER AND LIMITATION OF LIABILITY
THE SITE, THE SERVICES AND ALL CONTENT, FUNCTION, AND MATERIALS ARE PROVIDED "AS IS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITHOUT WARRANTY OF ANY KIND. TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAY USE THIRD PARTY VENDORS AND SERVICE PARTNERS TO PROVIDE NECESSARY HARDWARE, SOFTWARE, NETWORKS, STORAGE AND RELATED TECHNOLOGY TO PROVIDE THE SERVICES TO YOU. NO learningpassionguide, SUBSIDIARIES, SUBSIDIARIES OR ITS AUTHORITIES, MANAGERS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “MOBILE ACTION PARTIES”) AVAILABLE TO YOU THROUGH THE SITE, ANY GOVERNMENTS, ANY GOVERNMENTS, AND ANY GOVERNMENTS, GOVERNMENTS, AND ANY GOVERNMENTS, AT ANY GOVERNMENT, GOVERNMENT, AND ANY GOVERNMENT AT THE SITE. IT DOESN'T GUARANTEE THAT IT WILL HAPPEN. FIXED. IN NO EVENT SHALL learningpassionguide BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INfect YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS OR USE OF ANY OF THE ABOVE. YOUR SOLE AND SUFFICIENT REMEDY FOR DISSATISFIED WITH THE SERVICES IS TO STOP USING THE SERVICES. THE SERVICES AND ALL CONTENT, FUNCTION AND MATERIALS AVAILABLE TO YOU THROUGH THE SITE WILL BE TIMELY, SAFE, UNINTERRUPTED OR ERROR-FREE OR DEFECTS WILL BE CORRECTED. IN NO EVENT SHALL learningpassionguide BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INfect YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS OR USE OF ANY OF THE ABOVE. YOUR SOLE AND SUFFICIENT REMEDY FOR DISSATISFIED WITH THE SERVICES IS TO STOP USING THE SERVICES. THE SERVICES AND ALL CONTENT, FUNCTION AND MATERIALS AVAILABLE TO YOU THROUGH THE SITE WILL BE TIMELY, SAFE, UNINTERRUPTED OR ERROR-FREE OR DEFECTS WILL BE CORRECTED. IN NO EVENT SHALL MOBILE ACTION BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INfect YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS OR USE OF THE ABOVE. YOUR SOLE AND SUFFICIENT REMEDY FOR DISSATISFIED WITH THE SERVICES IS TO STOP USING THE SERVICES. OR DEFECTS WILL BE CORRECTED. IN NO EVENT SHALL learningpassionguide BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INfect YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS OR USE OF THE ABOVE. YOUR SOLE AND SUFFICIENT REMEDY FOR DISSATISFIED WITH THE SERVICES IS TO STOP USING THE SERVICES. OR DEFECTS WILL BE CORRECTED. IN NO EVENT SHALL MOBILE ACTION BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INfect YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS OR USE OF THE ABOVE. YOUR SOLE AND SUFFICIENT REMEDY FOR DISSATISFIED WITH THE SERVICES IS TO STOP USING THE SERVICES.

IN NO EVENT, IN NO EVENT, CIRCUMSTANCES, SHALL YOU BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE OR SAVINGS. . IN NO EVENT, THE CUMULATIVE LIABILITY OF THE LEARNINGPASSION GUIDE PARTIES FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE IS A TOTAL PAYMENT TO THE BUSINESS FEE THAT YOU PAY IMMEDIATELY WITHIN ONE (1) MONTH AHEAD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, INDIRECT, INCIDENTAL, OR OTHER DAMAGES, TO THE EXTENT PERMITTED BY APPLICABLE LAW OR REGULATION.
PERSONS USING IN THE SECTION OF SUBLIMINAL TECHNOLOGIES ACKNOWLEDGE THAT THEY HAVE NO HEALTH PROBLEMS AND IF IT OCCUR IN THE FUTURE, OUR SITE DOES NOT ACCEPT ANY RESPONSIBILITY.

The validity, nature and performance of this Agreement and the legal relations between the parties to this Agreement will be governed and construed in accordance with the laws of the State of California and Turkey, excluding the laws applicable to choice of law.


External Sites
The Site and Services may contain links to third party websites ("External Sites"), but learningpassionguide does not endorse and is not responsible for the content of such External Sites. For more information, please see the External Sites terms of use and privacy policies.

learningpassionguide is not responsible for any loss or damage related to the purchase or use of goods, services, resources, content or other transactions made in connection with any third party website.


compensation
You agree to defend, indemnify and hold harmless the learningpasssionguide Parties from any and all claims, actions or claims and related costs, damages and liabilities (including but not limited to reasonable attorneys' fees) arising out of or arising out of: (i) violation of these Terms of Service to do; (ii) your access to, use or misuse of the Site or Services; (iii) any User Data provided through your account; and (iv) your violation of any third party rights, including but not limited to any intellectual property or privacy rights.

Compliance with Applicable Laws
We make no claims as to whether the Site, Services, or User Data will be available for download, display, or use outside of the United States and the Republic of Turkey. If you access the Site, Services or User Data from outside the United States and Turkey, it is at your own risk. You are solely responsible for ensuring compliance with the laws in your jurisdiction, whether in the United States or abroad.

You are responsible for all activities that occur under any Authorized User Account and will comply with all applicable local, state, federal and foreign laws, agreements and regulations relating to your access to and use of the Software, including laws regarding data privacy. and the transmission of technical or personal data. You will not use the Software for any illegal purpose and you will not export the Software directly or indirectly without such license or approval to any country where the United States of America and Turkey requires any export license or other government approval.


Term and Termination
(a term. These Terms of Service will be effective from the moment you click "I Agree" and from your purchase, and will continue until terminated by either party ("Term") as set forth herein.

(b) Termination. We may terminate these Terms of Service at any time, for any reason or for any reason, by giving you thirty (30) days' written notice, without penalty or liability. If you violate the terms and conditions of these Terms of Service, we may immediately terminate and/or suspend your registration or use of the Services.

(c) Effect of Termination. Upon termination of these Terms of Service or Subscription: (i) all rights and licenses granted herein will immediately terminate; (ii) you will immediately cease all use and access to the Services; (iii) you will have fifteen (15) days to receive your User Data; and (iv) you will promptly pay all fees up to the date of termination to www.learningpassionguide.com bank accounts, websites and the web. YOU AGREE THAT learningpassionguide WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR TERMINATION OF YOUR ACCESS TO THE SERVICES ACCORDING TO THESE TERMS OF SERVICE.

Various
If any part of these Terms of Service is invalid or unenforceable, that part will be construed as much as possible in accordance with applicable law to reflect the parties' original intentions and the remainder of these Terms. The Service Agreement is in full force and will remain in effect. This section, learningpasssionguide Intellectual Property, Indemnification, learningpasssionguide Disclaimer and Limitation of Liability and Effect of Termination, will survive the termination of these Terms of Service. You may not assign these Terms of Service. No waiver will be valid unless in writing. Neither the course of conduct nor business practice between the parties will act to alter any provision of these Terms of Service. These Terms of Service will be governed and construed in accordance with the laws of the State of California and Turkey. In the event of a dispute arising under or relating to this Agreement (each a "Dispute"), either party may choose to resolve the dispute ultimately and exclusively through binding arbitration governed by the Federal Arbitration Act ("FAA"). Any choice for arbitration at any time will be final and binding on the other party. IF ONE OF THE PARTIES OPTS TO ARBITRATION, ANY MINOR CLAIMS FROM THE PARTIES SHALL HAVE THE RIGHT TO ACT IN COURT OR JURY, THESE MINOR CLAIMS AND, WHEN PERMITTED BY THE COURT, THESE MINOR CLAIMS, IF PERMITTED BY THE COURT, ANY MINOR CLAIMS MAY BE ADVISED BY THE COURT. ARBITRATION IS DIFFERENT FROM A COURT AND RIGHTS OF DISCOVERY AND APPEAL IN ARBITRATION MAY ALSO BE LIMITED. All disputes will be resolved before an impartial arbitrator, whose decision will be final, jointly chosen by the parties, except for a limited right of appeal under the FAA. Arbitration will be initiated and conducted by JAMS in accordance with the Comprehensive Arbitration Rules and Procedures then in effect and in accordance with the Expedited Procedures contained in these rules or, where appropriate, in accordance with JAMS's Simplified Arbitration Rules and Procedures. All applicable JAMS rules and procedures are available on the JAMS website at www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator's decision may be rendered in any court of competent jurisdiction. This clause does not prevent parties from seeking workarounds to assist arbitration from a court of appropriate jurisdiction. Arbitration can be done in person, by submission of documents, over the phone or online. If done in person, arbitration will be held at your place of residence. The parties may file a lawsuit in court to compel arbitration, to enable the arbitration to proceed, or to affirm, amend, annul or adjudicate the award rendered by the arbitrator. The parties will cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relating to the Dispute immediately after arbitration has commenced. Nothing in this Agreement shall prevent Mobile Action from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.

You agree that any arbitration or prosecution will be limited to the Dispute between the learningpasssionguide and you individually. To the extent permitted by law, (i) no arbitration or prosecution may be combined with another; (ii) has no right or authority to arbitrate or resolve any Dispute on a class-action basis or to use class action procedures; and (iii) have no right or authority to bring any Dispute on behalf of the public or any other person in a nominal representative capacity. YOU CAN ONLY MAKE REQUESTS REGARDING THE learningpasssionguide AT YOUR INDIVIDUAL CAPACITY,

These Terms of Service contain the entire agreement of the parties with respect to its subject matter and supersede all existing agreements and all other oral, written or other communications between the parties with respect to its subject matter.

You acknowledge and agree that your "I Accept" email response constitutes your electronic signature, acceptance, and agreement under United States federal E-SIGN legislation, and that such electronic signature will meet the requirements of an original signature as if it were actually signed. in writing by you. You further agree that no certificate authority or other third-party verification is required for the enforceability of your signature. At our request, any electronically signed document must be re-executed by you in its original form.

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