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4 changes: 2 additions & 2 deletions src/pages/company/service-agreement.mdx
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Expand Up @@ -101,13 +101,13 @@ This Agreement is subject to the additional terms and conditions specified on Ex

9.2 <ins>Cap on Liability</ins>. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL ANY PHASE TWO PARTIES’ TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM.

9.3 <ins>Exception</ins>. Some states or jurisdictions may not allow the exclusion or the limitation of liability. In such states or jurisdictions, the MIME Parties’ liability to you shall be limited to the full extent permitted by law.
9.3 <ins>Exception</ins>. Some states or jurisdictions may not allow the exclusion or the limitation of liability. In such states or jurisdictions, the Phase Two Parties’ liability to you shall be limited to the full extent permitted by law.

9.4 <ins>Independent Allocations of Risk</ins>. Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks of this Agreement between the parties. This allocation is reflected in the pricing offered by us to you and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this Agreement. The limitations in this section will apply notwithstanding the failure of essential purpose of any limited remedy in this Agreement.

**10. ARBITRATION AGREEMENT**

10.1 <ins>Mandatory Arbitration; Exceptions and Opt-Out</ins>. You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at [support@getmime.com](mailto:support@getmime.com) or by regular mail to 915 Broadway Street, Suite 112, Vancouver, Washington 98660 United States of America within thirty (30) days following the date you first accept this Agreement, or if you have not registered for an account, then within thirty (30) days following the date you first use our Service. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of Georgia and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
10.1 <ins>Mandatory Arbitration; Exceptions and Opt-Out</ins>. You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at [support@phasetwo.io](mailto:support@phasetwo.io) or by regular mail to 140 Lakeside Avenue, Suite A49, Seattle, Washington 98122 United States of America within thirty (30) days following the date you first accept this Agreement, or if you have not registered for an account, then within thirty (30) days following the date you first use our Service. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of Georgia and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

10.2 <ins>No Class Actions</ins>. Further, unless we otherwise agree in a writing signed by an authorized representative, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this agreement to arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in the Northern District of Georgia. All other claims will be arbitrated.

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2 changes: 1 addition & 1 deletion src/pages/company/sla.mdx
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Expand Up @@ -28,7 +28,7 @@ The following apply to Premium and Enterprise clusters.

In the unlikely event that Phase Two fails to meet the above-mentioned uptime commitment, Phase Two shall offer service credits as compensation to the customer.

Request for an SLA credit must be submitted in writing, within 30 days from the outage to which they refer, via email to support@phasetwo-io.
Request for an SLA credit must be submitted in writing, within 30 days from the outage to which they refer, via email to [support@phasetwo.io](mailto:support@phasetwo.io).

### Payment of Compensation

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