Governing Law & Jurisdiction
Last Updated: November 2024
1. Governing Law
These Terms of Service, Privacy Policy, and all agreements related to your use of FamilyNest (collectively, the "Agreements") shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles. Any substantive or procedural rules that may apply in another jurisdiction shall not supersede the applicable laws of California, except to the extent that mandatory provisions of local law cannot be excluded by agreement.
2. Jurisdiction and Venue
Any dispute, claim, or controversy arising out of or relating to the Agreements, the use of FamilyNest's platform, or your account shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California. Both you and FamilyNest expressly consent to personal jurisdiction and venue in such courts. Nothing in this section shall prevent FamilyNest from bringing proceedings against you in any other court of competent jurisdiction to enforce an arbitral award, seek injunctive or other equitable relief, or protect intellectual property rights.
3. Dispute Resolution
Before initiating any legal action, the parties agree to attempt to resolve the dispute through good-faith negotiations. If the dispute cannot be resolved within thirty (30) days of written notice, it shall be finally settled through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California, and shall be conducted by a single arbitrator. Judgement on the award may be entered in any court having jurisdiction.
4. Class Action & Jury Trial Waiver
By using FamilyNest's services, you agree that any dispute resolution shall be conducted on an individual basis only. You explicitly waive any right to participate in a class action, consolidated action, or representative proceeding. Additionally, you waive any right to a jury trial in connection with any dispute. This waiver applies to individual disputes, class proceedings, and representative actions. If any part of this waiver is found unenforceable, the remainder shall remain in effect.
5. Severability
If any provision of this Governing Law section or any part of the Agreements is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining provisions. The remainder of the Agreements shall continue in full force and effect and shall not be affected by the severed provision, unless such severance fundamentally alters the nature of the Agreement.
6. Amendments to Governing Law
FamilyNest reserves the right to modify this Governing Law section or any part of the Agreements at any time. Material changes will be communicated via email and/or a prominent notice on our website. Continued use of the platform following such changes constitutes acceptance of the updated terms. We encourage you to review this page periodically for updates.
7. Contact Information
If you have questions regarding this Governing Law section, dispute resolution procedures, or need to serve legal notice, please contact our legal department through the channels below:
Note: This page is part of FamilyNest's comprehensive legal documentation. For complete terms, please refer to our Terms of Service and Privacy Policy. International users should note that local consumer protection laws may provide additional rights that cannot be waived by this agreement.