Update Sendinblue Terms of Service

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Author: OTA-Bot

Sendinblue/Terms of Service.md

@@ -792,7 +792,7 @@ WITHOUT LIMITING THE FOREGOING PROVISIONS OR THE PROVISIONS OF OUR PRIVACY NOTIC
 
 YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
 
-Any claim or dispute brought by you arising from or relating to these Terms, or to the relationships that result from these Terms, including disputes about the validity, scope, or enforceability of this arbitration provision (collectively, “Covered Disputes”) may, at Brevo (ex Sendinblue)’s option and in its sole discretion, be settled exclusively by binding, individual arbitration, rather than in court, and to be held in King County, Washington, or another location mutually agreeable to the parties. The arbitration will be conducted by the American Arbitration Association under its rules and procedures. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Prior to initiating any arbitration, you will give Brevo (ex Sendinblue) at least 60 days’ advanced written notice of your intent to file for arbitration.  You must provide such notice by email to [\[email protected\]](https://www.sendinblue.com/cdn-cgi/l/email-protection). During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, and any award of the arbitrator(s) will be final and binding on each of the parties. Judgment upon the award rendered by an arbitrator may be entered in any court of competent jurisdiction. The arbitrator will apply applicable law and the provisions of these Terms, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. You are not entitled to arbitrate any Covered Dispute as a class, representative, or private attorney action, and the arbitrator(s) will have no authority to proceed on a class, representative, or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative, or private attorney general arbitration). These Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of Washington. Brevo reserves all rights to pursue any and all claims and remedies, whether in a court of law or other tribunal, and in no way shall the foregoing be interpreted to limit Brevo (ex Sendinblue)’s rights in this regard. 
+Any claim or dispute brought by you arising from or relating to these Terms, or to the relationships that result from these Terms, including disputes about the validity, scope, or enforceability of this arbitration provision (collectively, “Covered Disputes”) may, at Brevo (ex Sendinblue)’s option and in its sole discretion, be settled exclusively by binding, individual arbitration, rather than in court, and to be held in King County, Washington, or another location mutually agreeable to the parties. The arbitration will be conducted by the American Arbitration Association under its rules and procedures. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Prior to initiating any arbitration, you will give Brevo (ex Sendinblue) at least 60 days’ advanced written notice of your intent to file for arbitration.  You must provide such notice by email to [\[email protected\]](https://www.sendinblue.com/cdn-cgi/l/email-protection) During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, and any award of the arbitrator(s) will be final and binding on each of the parties. Judgment upon the award rendered by an arbitrator may be entered in any court of competent jurisdiction. The arbitrator will apply applicable law and the provisions of these Terms, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. You are not entitled to arbitrate any Covered Dispute as a class, representative, or private attorney action, and the arbitrator(s) will have no authority to proceed on a class, representative, or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative, or private attorney general arbitration). These Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of Washington. Brevo reserves all rights to pursue any and all claims and remedies, whether in a court of law or other tribunal, and in no way shall the foregoing be interpreted to limit Brevo (ex Sendinblue)’s rights in this regard. 
 
 **General.** No joint venture, partnership, employment, or agency relationship exists between you and Brevo (ex Sendinblue) as a result of these Terms or your use of the Services. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect. You hereby consent to Brevo (ex Sendinblue) publicizing the existence (but not the terms) of the relationship contemplated hereunder as a part of Brevo (ex Sendinblue)’s promotional and marketing activities from time to time. These Terms, along with the agreements incorporated by reference herein, constitute the entire agreement between Brevo (ex Sendinblue) and you with respect to your access to and use of the Services and your Brevo (ex Sendinblue) account, and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Brevo (ex Sendinblue) and you with respect thereto and, with respect to your use of the Services, supersedes the terms of any other party’s terms and conditions. These Terms may be executed by the parties hereto in separate counterparts, as applicable to the Services, each of which when so executed and delivered shall be an original for all purposes, but all such counterparts shall together constitute but one and the same instrument. The failure of Brevo (ex Sendinblue) to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.