These terms and conditions (“Terms” or “Terms of Service”) are between Plaza Offices LLC (“Plaza Offices”) located at 10161 Park Run Drive, Suite 150, Las Vegas, NV 89145, and you (“you” or “Client”), as an authorized user of the Services (as defined below) offered by Plaza Offices, and govern your use of the Services. You agree that the Services will be used only as provided in these Terms for legitimate business purposes.
The Services consist of the following:
- Virtual Office Subscriptions
- Dedicated Office Services
- Add-on services with recurring fees (e.g., live receptionist services, mailing address services, and business address services, and temporary meeting space rentals)
- A la carte services (e.g., temporary meeting space rentals)
These Terms contain a binding arbitration provision and class action and jury trial waiver. Please read the arbitration notice below carefully, as it governs the disputes between you and Plaza Offices. By agreeing to these Terms, you waive your right to participate in a class-action lawsuit or class-wide arbitration and your right to a jury trial.
2. TERM; AUTOMATIC EXTENSION; TERMINATION or SERVICE DOWNGRADE. The initial term (“Initial Term”) of all Virtual Office Subscriptions is one month. (Note that the initial term and any renewal terms for Dedicated Office Services may be set forth in a separate written agreement between you and Plaza Offices, and those terms may differ from the terms described in this Section 2.) You must provide at least 30 days’ prior written notice (as specified below) to downgrade, terminate or cancel any subscription or add-on services with recurring fees. The Initial Term will commence on the date stated on Client’s written agreement or, if contracted online, the date the Client processes Client’s order online. Unless properly terminated or downgraded, these Terms will automatically renew for all Virtual Office Subscriptions for renewal periods equal to one month (each, a “Renewal Term”) until terminated, as provided herein, by either Client or Plaza Offices. Client may terminate or downgrade Services upon expiration of the Initial Term or any Renewal Term by giving written notice of termination / downgrade at least one month prior to the end of the existing Term. After a written notice of termination / downgrade has been received, Services will terminate / downgrade on the last day of Client’s next full billing cycle. No prorated refunds shall apply, and Client is still liable for any and all overage charges if applicable during final term of agreement. Client’s written notice to terminate the Agreement must be in writing and must be sent by either (a) email addressed to [email protected], or (b) by certified mail, return receipt requested, sent to Plaza Offices LLC, attn.: Contract Terminations, 10161 Park Run Drive, Suite 150, Las Vegas, NV 89145. Plaza Offices’ written notice to terminate the Agreement shall be sent by either (a) email to Client’s email address on record with Plaza Offices, or (b) by first class mail to Client’s last known address on record with Plaza Offices. Upon termination of these Terms for whatever reason, it is the Client’s responsibility to notify all parties of Client’s change of phone number, business address, mailing address and/or communications services, as applicable. All Services will terminate, and Plaza Offices will have no obligation to provide any Services, upon termination of these Terms.
The standard fee during any extension period shall be equal to the then current standard fee for the Client’s services.
3. MODIFICATIONS TO THE SERVICE. Plaza Offices reserves the right to modify or discontinue all or part of the Services, temporarily or permanently, with or without notice to Client, and is not obligated to support or update the Services. Client acknowledges/agrees that Plaza Offices shall not be liable to Client or any third party in event that Plaza Offices exercises its right to modify/discontinue all/part of the Services.
4. MODIFICATION OF RATES AND FEES. Current rates for the Services are set forth below. Plaza Offices reserves the right, in its sole discretion, to change Client pricing upon thirty (30) days’ notice. (If you have a separate written agreement for Dedicated Office Services, your base fee may be subject to different terms specified in the written agreement, but add-on and a la carte services will be subject to this Section 4.) Notwithstanding the foregoing, if a Client utilizes greater than the number of Receptionist Minutes (defined below) included in Client’s monthly plan, Plaza Offices reserves the right to immediately charge the Client for such use at a rate of $2.99 (U.S.) per live minute for Clients subscribed to the 50-minute monthly plan. “Receptionist Minutes” are the billing units used to calculate your use of live receptionist services. All live receptionist calls are rounded up to the nearest 30-second mark and billed in 30-second increments (please refer to Section 5.d below for more information regarding live receptionist charges).
|Dedicated Office Clients||Virtual Office Clients||Description|
|Dedicated Office Package:|
|Executive Suite Base Rate||Varies depending on the agreement|
|Virtual Office Packages:|
|Virtual Flex||n/a||$99/month||Use of Plaza Offices address, mail receipt, and access to meeting rooms at the hourly rate|
|Virtual Live||n/a||$239/month||Business Address package plus local telephone number, auto-receptionist, live receptionist services (50 minutes), access to reserve and use meeting space at the a la cart hourly advertised rate, and 2-day temporary office use included at no additional charge.|
|Virtual Plus||n/a||$349/month||Virtual Office Package plus an additional 3-day office use (5 days total), and access to our co-working space during business hours (8:30 – 5:00 Mon-Friday excluding holidays).|
|Other recurring fees:|
|1x/day mail forwarding||$51/month||$51/month|
|1x/mo mail forwarding||$12/month||$12/month|
|1x/week mail forwarding||$30/month||$30/month|
|2x/mo mail forwarding||$24/month||$24/month|
|Additional company||$85/month||$85/month||Mail services plus communications services. The additional company will receive a phone number with a separate set of live answering services or auto-receptionist. Call usage for live receptionists will be billed against the primary account.|
|Additional phone number||$10/month||$10/month|
|Alternate mail||$10/month||$10/month||Mail services for an additional company name. Proof of ownership of additional company names is required.|
|Auto voicemail transcription||$12.99/month/voicemail box||$12.99/mo/voicemail box|
|Covered parking||$50/month/parking spot||n/a|
|Email fax||$9.95/month||$9.95/month||Inbound faxes only. Plaza Offices sends an email notification when an inbound fax is received. No outbound faxes.|
|Liability Insurance||$40/month/office||n/a||Dedicated Office Clients only. This fee only applies if a Dedicated Office Client requires separate Liability Insurance.|
|Locked File Cabinet Drawer||$35/month||$35/month|
|Mail scan 1x/week||$35/month||$35/month|
|Phone directory listing||$8/month||$8/month|
|Unlimited long distance||$25/month/office suite||n/a|
|Voicemail to Email||Included||$6/month/voicemail box|
|Access Control Card||$25/ additional card||$25/ additional card||One access control card is complimentary. Each additional access control charge incurs the Access Control Card fee described in this schedule of fees.|
|Additional Keys||$10/ additional key||$10/ additional key||One key per office and one key per mailbox is complimentary. Each additional key incurs the key charge described in this schedule of fees.|
|Office Day-use||$30/hour||$30/hour||Day-use access to office space. Billed in 30-minute increments with a one-hour minimum.|
|Fax Send Self Service||$0.50/page||$0.50/page|
|Large Conference Room Day-use||$60/hour||$60/hour||Day-use access to the large conference room space. Billed in 30-minute increments with a one-hour minimum.|
|Lost Key Charge||$50||$50|
|Postage||Actual postage + 35%||Actual postage + 35%|
|Scanning Self Service||$0.05/page||$0.05/page|
|Copying Self Service||$0.10/page||$0.10/page|
|Small Conference Room Day-use||$40/hour||$40/hour||Day-use access to the small conference room space. Billed in 30-minute increments with a one-hour minimum.|
5. CHARGES. By electing to purchase any of the Services, you warrant that all information you submit to us is true, valid and accurate (including without limitation your credit card number and expiration date, bank account information, or other payment information), and you agree to pay all subscription and additional usage fees you incur, plus all applicable taxes.
a. Payments: Plaza Offices uses a monthly billing cycle. Payment of your account balance and other applicable charges is due monthly on the first day of each calendar month and must be made by the valid payment method designated by you. Recurring Services are billed in advance for services provided from the first to the last day of the calendar month; non-recurring Services are billed in arrears from the 28th day of the prior billing period to the 27th day of the current billing period. If you sign up for recurring Services in the middle of a calendar month, we will prorate your first month’s services based on a 30-day billing cycle so that your next monthly billing period will begin on the first of the following month. You must promptly notify Plaza Offices of changes to: (a) the account number or expiration date of your designated card or bank account information; (b) your billing address; or (c) cancellation, theft or loss of your designated card or bank account. Any payment received after the due date will be assessed a $50 late payment fee.
b. Late payment: If payment for your account is not received from the card issuer or its agents, you agree to pay all amounts due, including late payment fees and collection costs, upon demand. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that Plaza Offices is authorized to charge your designated payment method. You agree that Plaza Offices may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Plaza Offices may delay obtaining authorization from your card issuer or other financial institution until submission of the accumulated charge(s). Plaza Offices reserves the right at any time to withhold any services provided under these Terms (with or without notice) or to terminate the Agreement if fees are not paid by the end of the day they are due or the funds due from any retainers have not been cleared. Actual collection fees incurred by Plaza Offices, up to 50% of the account balance, will be added to the unpaid balance. You agree to pay Plaza Offices 1.5% interest per month on all amounts owing and overdue. Plaza Offices reserves the right to suspend or terminate your access and/or use of the Services without notice upon rejection of any charges or debits or if your card issuer or financial institution (or its agent or affiliate) seeks return of payments previously made to Plaza Offices when Plaza Offices believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Plaza Offices.
c. Setup fees and recurring charges: Your set up fees (if applicable) and recurring service fees are payable in advance and are non-refundable. You agree that Plaza Offices may submit charges for your monthly service fee each month, without further authorization from you, unless you provide prior notice that you have terminated this authorization or wish to change your designated payment method. Such notice will not affect charges submitted before Plaza Offices reasonably could act on your notice. (Note: Plaza Offices takes no responsibility for contacting you prior to charging your designated payment method for your recurring service fees.) If you have any question regarding any charges that have been applied to your account, you must contact Plaza Offices’ Customer Service Department within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Plaza Offices in accordance with these Terms.
d. Live reception services and phone number porting: Live receptionist usage is billed in thirty (30) second increments. Usage fees will be billed in arrears and charged to your payment method on file. Administrative services will be charged based on an hourly fee and billed in 1-minute increments. You agree that Plaza Offices may submit these charges to your payment method on file, without further notification or authorization from you. In the event your account is terminated, Plaza Offices has the authority to charge your payment method on file for any additional usage fees you may have accrued while still an active subscriber. You may port your current toll-free or local number to us, with your current providers permission, for a one-time $50.00 port fee. Plaza Offices owns all numbers used on the Services and toll free or local numbers may not be moved away from Plaza Offices without written permission of Plaza Offices. Live receptionist services are provided 8:30am – 5:00pm Monday through Friday, except for the following holidays: Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Black Friday, Christmas Day, and New Year’s Day. Office and answering hours may be limited on the following days: Thanksgiving Eve, Christmas Eve, and New Year’s Eve.
e. Voicemail transcription services: All voicemail transcription services are offered at a fixed monthly fee for unlimited usage. Plaza Offices reserves the right to deny the advertised rate when the usage is unusually high. In this case Plaza Offices may offer the transcription services at a higher rate. Plaza Offices makes no warranty and will not be responsible for the accuracy of voicemail transcriptions.
f. Office day-use: Plaza Offices offers 2-day and 5-day temporary office use services (“Day Use Services”) in its Virtual Office and Virtual Office Plus packages. For purposes of Day Use Services, each “day” consists of one contiguous 8-hour occupancy period (“Occupancy Period”). If you vacate your reserved office space for more than one (1) hour during your reserved Occupancy Period, Plaza Offices reserves the right to remove any property left in the office space and allow other clients to use the space. In the event your office space is deemed abandoned (as described above), Plaza Offices has no obligation to provide a refund for any unused time.
g. Mail receiving and storage services: Plaza Offices will receive packages less than 5ft x 5ft x 5ft and less than 100 lbs. We have no obligation to receive packages more than 5 ft. sq. or that weigh more than 100 lbs. Mail storage is limited to 5 business days; mail stored beyond this initial 5-day period will incur a daily charge of $5 per day until the package is retrieved.
7. INTELLECTUAL PROPERTY RIGHTS. Client acknowledges that content, including but not limited to policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the Services (“Plaza Offices Content”), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and Client is only permitted to use the Plaza Offices Content as expressly authorized by Plaza Offices. These Terms do not transfer any right, title, or interest in the Services, Site or the Plaza Offices Content to Client, and Client may not copy, reproduce, distribute, or create derivative works from the Plaza Offices Content without express authorization by Plaza Offices. Client agrees not to use or divulge to others any information designated by Plaza Offices as proprietary or confidential. Any unauthorized use of any Plaza Offices Content contained on the Site or through the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE SERVICES OR THE SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM PLAZA OFFICES. YOU ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY PLAZA OFFICES COTNENT OR ANY MATERIAL FOUND ON THE SITE FOR ANY PUBLIC, PERSONAL OR COMMERCIAL PURPOSES.
a. Your Content: If you provide data, content, information, or materials to us (“Your Content”), it is your responsibility to ensure that you have all necessary rights and licenses to share Your Content with us. You represent and warrant that Your Content is accurate, truthful, and lawful; does not violate applicable laws or infringe, violate, or misappropriate the rights of any third party; and that its use by Plaza Offices as necessary to deliver the Services to you does not infringe, violate, or misappropriate the rights of any third party. You grant Plaza Offices a worldwide, revocable, royalty-free, right and license to use, reproduce, distribute, modify, post, display, perform and transmit Your Content to provide the Services to you.
8. TRADEMARKS. “Plaza Offices Trademarks” means all names, marks, brands, logos, designs, trade dress and other designations Plaza Offices uses in connection with the Service or any other service. You may not use the Plaza Offices Trademarks without our prior written consent. Client acknowledges Plaza Offices’ rights in Plaza Offices Trademarks and agrees that any and all use of Plaza Offices Trademarks by Client shall inure to the sole benefit of Plaza Offices.
9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. PLAZA OFFICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FORA PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. PLAZA OFFICES MAKES NO WARRANTY THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS-FREE NOR DOES PLAZA OFFICES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITE OR SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. No advice or information, whether oral or written, obtained by you from us through our Services will create any warranty, representation, or guarantee not expressly stated in this agreement. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES UNDER CERTAIN CIRCUMSTANCES; CONSEQUENTLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
10. LIMITATION OF LIABILITY. As a condition of use of the Service, and in consideration of the Services provided by Plaza Offices, Client agrees that neither Plaza Offices, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Plaza Offices (the “Plaza Offices Affiliates”), will be liable to Client or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Services, Site or Plaza Offices Content; including but not limited to any of the following: Reliance, Termination, Infringement, Force Majeure. The limitations set forth in this section apply to acts, omissions, negligence, and gross negligence of Plaza Offices and/or Plaza Offices Affiliates, which, but for this provision, would give rise to course of action in contract, or any other legal doctrine. Plaza Offices shall not be liable for any direct, indirect, incidental, punitive, special, multiple, or consequential damages resulting from the use or inability to use the Services or for cost of procurement or substitute goods and services or resulting from any products or services purchased or obtained through the site including loss of profits, use, data or intangible property, even if Plaza Offices has been advised of the possibility of such damages. The entire liability of Plaza Offices and your exclusive remedy with respect to the use of the Site and Services is limited to the lesser of (1) the amount actually paid by you for the Services during the three (3) months preceding the date of your claim; or (2) US $500.00. You hereby release Plaza Offices and Plaza Offices Affiliates from any all obligations, liabilities and claims in excess of this limitation.
11. NO RESALE OF THE SITE. Client agrees not to reproduce, duplicate, copy, sell resell, exploit or make any commercial use of or access to the Services, without the express written consent of Plaza Offices.
12. LAWFUL USE. Client agrees that use of the site is subject to all applicable national, state, and local laws and regulations, and that Client is solely responsible for the contents of its communications through the Services.
13. INDEMNIFICATION. Client will defend, indemnify and hold harmless Plaza Offices and Plaza Offices Affiliates, and their respective successors and permitted assigns, from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys’ fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by Client arising out of or in connection with these Terms or use of the Services; (b) intentional or negligent violations by Client of any applicable laws or governmental regulation; (c) contractual relations between the Client and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright. Client acknowledges that Plaza Offices has no control over the content of information transmitted by Client or Client’s customers and that Plaza Offices does not examine the use to which Client or Client’s customers put the Services or the nature of the information Client or Client’s customers send or receive. Client hereby indemnifies and holds harmless Plaza Offices and Plaza Offices Affiliates from any and all loss, cost, damage, expense, or liability relating to or arising out of the transmission, reception, and/or content of information of whatever nature transmitted or received by Client or Client’s customers.
14. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. To access some of the Services, you must create an account and password (“Account Credentials”). You cannot share, transfer, or assign your Account Credentials, and any attempted transfer or assignment is void. You are solely responsible for maintaining the accuracy, truthfulness, completeness, and confidentiality of, and you agree to accept responsibility for all activities that occur under, your Account Credentials. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you agree to immediately notify us. You may be liable for any losses we or others incur as a result of unauthorized use of your Account Credentials. We may, in our sole discretion, for any or no reason, and without penalty or notice, deny, suspend, or terminate your account, or discontinue providing access to all or any part of the Services. If we terminate your account or your right to use the Services, you agree that we will not be liable to you or any third party for any such termination. Access to and use of password protected and/or secure areas of the Site or the Services is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site or Services may be subject to prosecution.
15. TERMINATION & EFFECT. Plaza Offices may terminate or suspend access to the Services or the Site with or without cause at any time and effective immediately. Reasons for termination or suspension may include, but are not limited to, the following: inactivity of the Client; violation of any terms listed in these Terms; or failure to pay for Services. Plaza Offices shall not be liable to Client or any third party for termination of the Services or Site. Should you object to any provision of the Terms or any subsequent modifications thereto or become dissatisfied with the Services or Site in any way, your only recourse is to immediately: (a) terminate use of the Services and Site; and (b) notify Plaza Offices of termination. Upon termination of access to the Services and Site, Client’s right to use the Services and Site shall immediately cease. In the event of Client’s default, Client agrees to pay all costs, expenses and reasonable attorneys’ fees expended by Plaza Offices in enforcing these Terms or collecting any sums due hereunder both in and out of bankruptcy and before and after judgment.
16. SEVERABILITY. In the event that any provision of the Terms is, in whole or in part, determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of these Terms. Plaza Offices’ failure to act with respect to a breach by Client or others does not waive its right to act with respect to subsequent or similar breaches.
17. CONFIDENTIALITY. Client recognizes that Client may, in the course of obtaining or using the Services, come into possession of or learn confidential and proprietary business information of Plaza Offices (“Confidential Information”). Client agrees that while these Terms are in effect and thereafter: (a) Client shall protect Confidential Information from unauthorized disclosure or use with the same degree of care as Client uses to protect its own similar confidential information, but in no event less than a reasonable standard of care; (b) Client will use Confidential Information solely for the purposes of receiving the Services in accordance with these Terms; and (c) Client will not disclose Confidential Information to any third party without the express prior written consent of Plaza Offices. Upon termination, Client will promptly return to Plaza Offices any Confidential Information. If Plaza Offices transfers its business or any business segment that provides Services to Client, Plaza Offices is authorized to transfer all Client information to Plaza Offices’ successor.
18. OWNERSHIP. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by Plaza Offices and/or its licensors and service providers except where expressly stated otherwise. Client agrees that Client is not the owner of any phone number assigned to Client by Plaza Offices. Upon termination of account for any reason, such number may be re-assigned immediately to another customer. Plaza Offices may from time-to-time need to change the number assigned to you. Plaza Offices will not be liable for damages (consequential or special) arising out of such re-assignment or number change. Client hereby waives any claims with respect to such change. Client is not authorized to charge services to number assigned, any such charges will give Plaza Offices the right to immediately terminate your account without notice and bill such charges to Client.
19. RETURNS; REFUND POLICY. Plaza Offices does not accept returns or refunds on Services or paid service fees. All fees are non-cancellable and non-refundable.
20. DAMAGES WAIVER: Client hereby authorizes Plaza Offices to charge initial applicable reservation fees and any and all applicable variable fees including fees incurred for any potential damages.
21. RETURNED CHECKS POLICY: A $100 processing fee will be charged for each check (and/or electronic check, “echeck”) submitted by Client that is returned by the financial institution for any reason, including insufficient funds and closed account. This returned check fee shall be due and payable by credit card or other valid payment method without demand therefore and must be tendered together with the outstanding balance due and any late fees due. If a check (and/or electronic check, “echeck”) is returned, Plaza Offices reserves the right to require that all future payments by Client be tendered by credit card or other valid payment method.
22. BINDING ARBITRATION AND DISPUTE RESOLUTION: We hope that, if a dispute arises between you and Plaza Offices, we will be able to resolve the dispute informally. However, if that is not possible, except as provided below, you agree that any cause of action, claim, or dispute between you and Plaza Offices arising out of or related to these Terms or the Services (collectively, “Claim(s)”) will be resolved by binding, individual arbitration. You may bring a Claim only on your own behalf and cannot seek relief through class action or class arbitration. The American Arbitration Association will administer all arbitrations under its Commercial Arbitration rules. The arbitration will take place in Clark County, Nevada, and each party will bear half of the arbitration fees and costs. Notwithstanding the foregoing, the following Claims may be brought in court instead of arbitration: disputes related to intellectual property; violations of any of the Prohibited Uses described below; and any equitable relief (such as an injunction) necessary to protect either party’s rights or property pending the completion of arbitration. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. You must file a Claim within one (1) year after the Claim arose or it will be forever waived and barred.
23. MODIFICATION OF THESE TERMS: Plaza Offices reserves the right to revised and updated these Terms from time to time in our sole discretion. All changes to the Terms shall be effective immediately after they are posted on Plaza Offices’ website, www.plazaoffices.com. Client’s continued use of the Services after the posting of the amended Terms on the Plaza Offices website constitutes Client’s affirmative: (a) acknowledgment of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended.