Legal

Terms of Service

Last updated: 16 August 2026 · Effective: 16 August 2026

1. Acceptance of these Terms
2. Definitions
3. Who we are, and how to reach us
4. The Site and its content: no professional advice
5. Consultation requests: no engagement is formed
6. Your submissions, uploads, and feedback
7. Intellectual property and reservation of rights
8. Code samples
9. Automated access, scraping, and AI training
10. Acceptable use
11. Suspension and termination
12. Third-party links and services
13. Disclaimers
14. Limitation of liability
15. Indemnification
16. Dispute resolution and binding arbitration
17. Governing law and venue
18. Time limit for bringing claims
19. Copyright complaints
20. Electronic communications
21. Export controls and sanctions
22. Force majeure
23. Changes to these Terms
24. General provisions
25. Contact

1. Acceptance of these Terms

These Terms of Service (the “Terms”) form a binding agreement between you and Philip Sarajlic, sole proprietor, doing business as QuantHorizon (“we”, “us”, “our”, or the “Owner”), and govern your access to and use of the website at philipsarajlic.com and every page, feature, form, and file made available through it.

By accessing, browsing, or otherwise using the Site, or by submitting any form on it, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms in full, you must not access or use the Site.

You represent that you are at least 18 years old and have the legal capacity to enter into a binding contract. If you use the Site on behalf of a company, organization, or other legal entity, you represent that you are authorized to bind that entity, and “you” refers to both you and that entity.

2. Definitions

• “Content” means all material made available on or through the Site, including articles, text, analysis, commentary, graphics, diagrams, infographics, data visualizations, images, layouts, code samples, and the selection, arrangement, and presentation of any of it.
• “Services” means the Site, the Content, and any inquiry, contact, consultation-request, file-upload, or scheduling feature offered through the Site.
• “Submission” means anything you send, upload, transmit, or otherwise make available to us through the Site or in connection with it, including form entries, messages, attachments, files, data, documents, code, and Feedback.
• “Feedback” means any suggestion, idea, proposal, recommendation, comment, question, or other input you give us about the Site, the Content, our methods, or our services.
• “Engagement Agreement” means a separate written agreement, signed by us, that sets out the scope, deliverables, fees, and terms of professional services.

3. Who we are, and how to reach us

The Site is operated by Philip Sarajlic, a sole proprietor established in Philadelphia, Pennsylvania, United States, trading under the registered fictitious name QuantHorizon. Notices and questions under these Terms may be sent to info@philipsarajlic.com. Section 24.9 sets out how formal notice is given and when it takes effect.

4. The Site and its content: no professional advice

The Site presents professional background about the Owner together with a technical publication on machine-learning engineering and applied data science. It is made available for general information and educational purposes only.

4.1 No advice. The Content does not constitute professional, technical, engineering, medical, clinical, diagnostic, legal, financial, investment, tax, regulatory, or employment advice, and it must not be relied upon as a substitute for advice from a qualified professional retained to consider your particular circumstances. Several articles on the Site discuss machine-learning methods applied to clinical, biomedical, or financial datasets for illustrative and educational purposes. None of that material is medical or financial advice, none of it is validated for clinical or investment use, and it must not be used to inform any diagnosis, treatment, trading, or investment decision.

4.2 No relationship formed. Reading the Content, subscribing to updates, contacting us, or submitting a form does not create any consultant-client, advisory, fiduciary, agency, partnership, joint-venture, or employment relationship between you and the Owner. No duty of care arises from your use of the Site.

4.3 No reliance. Any decision you take on the basis of the Content is taken entirely at your own risk and on your own judgment. You are responsible for independently verifying any method, figure, benchmark, result, or code before relying on it.

4.4 Accuracy and currency. The Content reflects our views and understanding at the time of writing. Machine learning is a fast-moving field, and material may become outdated, superseded, or incorrect. We are under no obligation to update, correct, or maintain any Content, and we may change, move, or remove any part of the Site at any time without notice.

4.5 AI-assisted content. Some Content may be researched, drafted, edited, illustrated, or reviewed with the assistance of artificial-intelligence tools. All Content is subject to human review before publication. Even so, AI-assisted material can contain errors, omissions, fabricated references, or results that do not reproduce. The disclaimers in Section 13 and the limitation of liability in Section 14 apply in full to such Content, and you must verify it independently before relying on it.

4.6 Third-party datasets and material. Some Content refers to, analyzes, or reproduces extracts from publicly available datasets and third-party material, each of which remains subject to its own license and terms. We make no representation that any such dataset is accurate, complete, lawfully obtainable in your jurisdiction, or licensed for your intended use. You are responsible for obtaining any license you require.

5. Consultation requests: no engagement is formed

5.1 Invitation only. The consultation quote-request form and any description of services on the Site are an invitation to make an inquiry. They are not an offer capable of acceptance, and they do not commit us to provide any service, quote, meeting, or response.

5.2 No binding agreement until signed. Submitting a request, receiving an acknowledgment, receiving a quote, or holding an introductory conversation does not create a binding agreement or a client relationship. No professional services are agreed, and no fee is payable, until you and we have signed an Engagement Agreement. In the event of any conflict between these Terms and an Engagement Agreement, the Engagement Agreement governs the services it covers.

5.3 Quotes. Any quote, estimate, indicative price, or proposed timeline we provide is non-binding, is given for planning purposes, and may be withdrawn or revised at any time before an Engagement Agreement is signed. Availability, response times, and scheduling are indicative and are not guaranteed.

5.4 Right to decline. We may decline, ignore, defer, or discontinue any request, for any reason or none, without explanation and without liability. We may also decline where doing so would create a conflict of interest, breach a confidentiality obligation, or exceed our capacity.

5.5 Delivery is not guaranteed. Form submissions and email travel over networks we do not control and may be delayed, mis-delivered, filtered as spam, or lost. We do not guarantee that any Submission will reach us, be read, or be answered, and we accept no liability for a Submission that does not arrive or is not acted upon. Do not use the Site for anything urgent or time-critical.

6. Your submissions, uploads, and feedback

6.1 Your warranties. By making a Submission you represent and warrant that all of the following are true.

• (a) The information in it is accurate and not misleading.
• (b) You own it, or you have every right, license, consent, and permission needed to provide it to us and to grant the license in Section 6.4.
• (c) It does not infringe or misappropriate any copyright, trade-mark, patent, trade-secret, privacy, publicity, or other right of any person.
• (d) It does not breach any contract, confidentiality obligation, or duty you owe to any third party.
• (e) It contains no malware, exploit, or harmful code.
• (f) Providing it to us breaks no applicable law, regulation, or export control.

6.2 No confidentiality. Unless and until we have entered into a signed non-disclosure agreement or an Engagement Agreement containing confidentiality terms, we assume no duty of confidentiality of any kind in respect of any Submission, and no confidential or fiduciary relationship arises from your sending it or from our receiving, reading, storing, or responding to it. Marking a Submission “confidential”, “privileged”, “proprietary”, or similar, whether in the file, the message, or an email footer, does not create such a duty and has no effect on these Terms.

6.3 What you must not send. You must not, and you agree that you will not, submit or upload any of the following through the Site.

• trade secrets, or any information that is confidential to you or to any third party
• protected health information or any data subject to HIPAA, or clinical, patient, or genetic data relating to identifiable individuals
• payment-card data, bank-account credentials, or any data subject to PCI DSS
• government-issued identifiers, including Social Security numbers, passport numbers, and driving-license numbers
• education records subject to FERPA, or consumer financial information subject to the Gramm-Leach-Bliley Act
• biometric identifiers, precise geolocation, or other categories treated as sensitive personal information under applicable privacy law
• personal data relating to any third party, unless you have a lawful basis and all necessary consents to disclose it to us, and you have removed or masked every identifier that is not strictly necessary
• material subject to export control, sanctions restrictions, or classification
• any material you are not free to disclose.

You are solely responsible for anonymizing, redacting, aggregating, or otherwise de-identifying any dataset or document before you upload it. If you send us material in breach of this Section 6.3, we may delete it without notice, and Section 15 (Indemnification) applies to any claim arising from it.

6.4 License you grant us. You retain ownership of your Submissions. You grant us a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to host, store, copy, transmit, display, analyze, and create internal derivative works of your Submission, solely for the purposes of receiving and reviewing your inquiry, assessing and scoping possible services, responding to you, maintaining our business records, securing and operating the Site, and complying with law. This license lasts as long as we retain the Submission under our retention schedule, and it survives to the extent required for records, legal defense, and legal compliance.

6.5 Feedback. You grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, adapt, publish, distribute, and exploit any Feedback for any purpose, commercial or otherwise, without restriction, attribution, accounting, or compensation to you. Feedback is given voluntarily and is not confidential.

6.6 Independent development and residual knowledge. Nothing in these Terms restricts our right to develop, acquire, license, market, or provide products, services, methods, models, techniques, or content that are similar to, competitive with, or that overlap the subject matter of any Submission, provided we do so without breaching a signed non-disclosure agreement or Engagement Agreement. We may use, for any purpose, the general skills, knowledge, techniques, and experience retained in the unaided memory of our personnel as a result of reviewing a Submission. You acknowledge that we receive inquiries on comparable subject matter from many parties and that comparable ideas may be developed independently.

6.7 No obligation, no compensation. We have no obligation to review, use, retain, return, or keep any Submission, and no compensation of any kind is or will become payable in respect of any Submission or Feedback. We may moderate, edit, refuse, or delete any Submission at our discretion.

6.8 Keep your own copy. The Site is not a backup, archival, or storage service. Keep your own copy of anything you send. We are not liable for the loss, corruption, deletion, or non-receipt of any Submission.

7. Intellectual property and reservation of rights

7.1 Ownership. The Site and all Content are owned by the Owner or licensed to the Owner, and are protected by United States and international copyright, trade-mark, database, and other intellectual-property laws. The name “QuantHorizon”, the name “Philip Sarajlic” as used in connection with the Services, the Site’s logos, and its distinctive visual design are trade marks and trade dress of the Owner, whether or not registered. Nothing on the Site grants any license to use them, and you must not use them without our prior written permission.

7.2 Limited license to you. Subject to your compliance with these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Site and to view, read, and print Content for your own personal, internal, non-commercial reference. You may also share a link to a page, and quote a short extract, provided you attribute it clearly to Philip Sarajlic with a link to the source page and do not alter its meaning.

7.3 What the license excludes. Except as Section 7.2 or Section 8 expressly permits, and except as mandatory law allows, you must not do any of the following with any Content.

• Reproduce, republish, redistribute, syndicate, sell, license, rent, or lend it.
• Create derivative or adapted works from it.
• Incorporate it into any product, publication, dataset, corpus, course, training material, or model.
• Use it in any commercial context.
• Remove, obscure, or alter any copyright, authorship, or proprietary notice.
• Frame or inline-link the Site so as to present it as your own.
• Use it in a manner that implies our endorsement, sponsorship, or affiliation.

7.4 Reservation. All rights not expressly granted in these Terms are reserved by the Owner. No license is granted by implication, estoppel, exhaustion, or otherwise. The license in Section 7.2 is revocable at will and terminates automatically upon any breach of these Terms.

7.5 Permission requests. Requests to reproduce, translate, syndicate, or otherwise use Content beyond Section 7.2 may be sent to info@philipsarajlic.com. Permission is effective only if given by us in writing and is limited to the use expressly described.

8. Code samples

8.1 License. Where a code sample published on the Site is accompanied by an express license, that license governs it. Where no license is stated, we grant you a non-exclusive, worldwide, royalty-free license to use, copy, modify, and incorporate that code sample into your own work, for learning, evaluation, and internal development, subject to Sections 8.2 and 8.3. This license does not extend to the surrounding article text, figures, diagrams, or explanatory prose, which remain governed by Section 7.

8.2 No warranty for code. Code samples are illustrative teaching material. They are provided “AS IS”, without warranty of any kind, and have not been reviewed, hardened, or tested for security, correctness, performance, privacy, accessibility, license compatibility, or fitness for production use. They may depend on third-party libraries carrying their own licenses and vulnerabilities, which you must review yourself.

8.3 Your responsibility. You use code samples entirely at your own risk. You are responsible for reviewing, testing, securing, and validating any code before use, and for all consequences of running it, including data loss, cost, downtime, security incidents, incorrect model output, and regulatory exposure. Sections 13, 14, and 15 apply in full.

9. Automated access, scraping, and AI training

9.1 Express prohibition. Except with our prior written permission, you must not use any robot, spider, crawler, scraper, headless browser, agent, script, or other automated means to access, monitor, index, copy, extract, or harvest the Site or any Content, and you must not circumvent, disable, or interfere with any access restriction, rate limit, security feature, or exclusion signal (including robots.txt). Normal indexing by a general-purpose search engine that observes our exclusion signals is permitted.

9.2 Reservation against text and data mining and AI training. The Owner expressly reserves all rights in the Content against text and data mining, web scraping for dataset construction, and use in the development or improvement of artificial-intelligence or machine-learning systems. In particular, and as an independent contractual restriction binding on every user of the Site, you must not use, and must not permit any third party to use, any Content to train, pre-train, fine-tune, distil, align, evaluate, benchmark, ground, or otherwise develop or improve any machine-learning model, large language model, generative-AI system, or embedding, index, or retrieval corpus, and you must not incorporate any Content into any dataset compiled for those purposes. This reservation is made expressly and is additionally signaled through the exclusion directives we publish for automated agents. It applies to the whole of the Site, it binds you as a matter of contract independently of copyright, and it applies notwithstanding any general-purpose text-and-data-mining exception on which you might otherwise seek to rely.

9.3 Licensing. Any use described in Section 9.1 or 9.2 requires a separate written license from us and may be subject to a fee. Write to info@philipsarajlic.com to ask about one.

9.4 Enforcement. Accessing the Site is conditioned on acceptance of this Section. Access in breach of it is unauthorized, exceeds any authorization granted, and may be actionable in contract and under applicable computer-misuse, copyright, and unfair-competition law. We may block any address, network, agent, or user found to be in breach, without notice.

10. Acceptable use

You must use the Site lawfully and respectfully. You must not do any of the following.

• breach any applicable law, regulation, or third-party right
• attempt to gain unauthorized access to the Site, its server, its database, any account, or any connected system, or probe, scan, or test its vulnerability
• interfere with or disrupt the Site, impose an unreasonable load on it, or attempt to bypass caching, rate limiting, firewall, or anti-spam measures
• transmit malware, exploits, spam, chain messages, or unsolicited commercial or recruitment messages through any form on the Site
• submit false, deceptive, or impersonating information, or misrepresent your identity or affiliation
• use the Site or any Content to build, market, or operate a competing publication or service
• reverse engineer, decompile, or attempt to derive the source of any part of the Site except to the extent that restriction is unenforceable under applicable law
• collect or harvest personal information about any other person from the Site
• use the Site in any way that is harassing, defamatory, obscene, discriminatory, or otherwise objectionable.

11. Suspension and termination

We may, at any time and without notice or liability, suspend, restrict, block, or terminate your access to the Site or any part of it, in whole or in part, for any reason, including suspected breach of these Terms. We may also modify, suspend, or discontinue the Site or any feature at any time. Termination does not affect any right or liability that accrued before it, and the provisions listed in Section 24.10 survive it.

12. Third-party links and services

The Site links to and relies on third-party websites, platforms, datasets, repositories, libraries, and service providers that we do not own or control. Links are provided for convenience and do not imply endorsement, verification, or affiliation. We are not responsible for the availability, content, accuracy, security, licensing, or practices of any third party, and your dealings with any third party are solely between you and that third party. Your use of a third-party resource is governed by its own terms and privacy policy, which you should read.

13. Disclaimers

13.1 THE SITE, THE CONTENT, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

13.2 WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT ANY OF THE FOLLOWING.

• THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE.
• THAT DEFECTS WILL BE CORRECTED.
• THAT THE SITE OR ITS SERVER IS FREE OF VIRUSES OR HARMFUL COMPONENTS.
• THAT ANY CONTENT, FIGURE, BENCHMARK, DATASET, RESULT, OR CODE SAMPLE IS ACCURATE, COMPLETE, CURRENT, REPRODUCIBLE, OR FIT FOR ANY PURPOSE.
• THAT ANY SUBMISSION WILL BE RECEIVED, READ, OR ANSWERED.
• THAT ANY RESULT, OUTCOME, SAVING, PERFORMANCE, OR BENEFIT WILL BE ACHIEVED FROM THE CONTENT OR FROM ANY CONSULTATION.

13.3 YOU ASSUME ALL RISK ARISING FROM YOUR ACCESS TO AND USE OF THE SITE, THE CONTENT, AND ANY CODE SAMPLE, INCLUDING ANY DAMAGE TO YOUR SYSTEMS OR DATA AND ANY LOSS OF DATA.

13.4 Some jurisdictions do not allow the exclusion of certain warranties. To the extent an exclusion above is prohibited, it does not apply to you, and any warranty that cannot be excluded is limited in duration to thirty (30) days from your first use of the Site, to the fullest extent permitted. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

14. Limitation of liability

14.1 EXCLUSION OF INDIRECT DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OWNER, OR ANY OF THE OWNER’S PERSONNEL, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, CONTRACT, OPPORTUNITY, GOODWILL, REPUTATION, ANTICIPATED SAVING, OR DATA, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE CONTENT, ANY CODE SAMPLE, ANY SUBMISSION, OR ANY CONSULTATION REQUEST, WHETHER THE CLAIM IS BROUGHT IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, AND WHETHER OR NOT WE WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 AGGREGATE CAP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE OWNER AND THE OWNER’S PERSONNEL, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE CONTENT, AND THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

14.3 Allocation of risk. You acknowledge that the Site and the Content are made available free of charge, that the limitations in this Section 14 and the disclaimers in Section 13 are a fundamental basis of the bargain between you and us, that we would not make the Site available on these terms without them, and that they allocate risk between us in a manner both parties consider reasonable.

14.4 Essential purpose. The limitations in this Section 14 apply even if a limited remedy is found to have failed of its essential purpose.

14.5 Statutory floor. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or the limitation of certain liabilities. To the extent a limitation in this Section 14 is prohibited by law applicable to you, it does not apply to you, and our liability is limited to the least amount permitted by that law. Nothing in this Section limits liability that cannot lawfully be limited.

14.6 Separate protection. This Section 14 operates separately from, and in addition to, Section 13, and remains in force whether or not any part of Section 13 is held unenforceable.

15. Indemnification

15.1 You agree to defend, indemnify, and hold harmless the Owner and the Owner’s personnel, contractors, agents, licensors, and successors from and against any and all claims, demands, actions, proceedings, investigations, losses, liabilities, damages, judgments, awards, penalties, fines, costs, and expenses, including reasonable legal fees and the costs of enforcement, arising out of or in connection with any of the following.

• (a) Your breach of these Terms.
• (b) Your Submissions, including any breach of the warranties in Section 6.1 or the restrictions in Section 6.3.
• (c) Your use or misuse of the Site, the Content, or any code sample.
• (d) Your violation of any law or of any right of a third party.
• (e) Any third party’s use of your account, device, or network to access the Site.

15.2 Conduct of claims. We will notify you of any claim for which we seek indemnity, though a failure or delay in notifying you relieves you of your obligations only to the extent you are materially prejudiced by it. We may, at our election and at your expense, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate fully with us. You must not settle any claim in a way that imposes any obligation, admission, payment, or restriction on us without our prior written consent.

15.3 This Section 15 survives termination and is in addition to, and does not limit, any other remedy available to us.

16. Dispute resolution and binding arbitration

16.1 Informal resolution first. Before starting an arbitration or any proceeding, the party raising a dispute must send the other a written Notice of Dispute describing the claim, the facts behind it, and the relief sought. Send ours to info@philipsarajlic.com with the subject line “Notice of Dispute”. The parties will then negotiate in good faith for sixty (60) days. This is a condition precedent to commencing arbitration, and any applicable limitation period is tolled during it. If the dispute is unresolved after 60 days, either party may begin arbitration.

16.2 Agreement to arbitrate. You and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Site, the Content, the Services, any Submission, or the relationship between us (including its formation, interpretation, breach, termination, validity, enforceability, and scope, and including claims that arose before these Terms took effect) shall be resolved exclusively by final and binding arbitration, rather than in court, except as Section 16.6 provides. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and evidences a transaction involving interstate commerce.

16.3 Rules, forum, and costs. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules where you are a consumer, or its Commercial Arbitration Rules where you are not, each as amended by these Terms and in effect when arbitration is commenced. The AAA rules are available at adr.org. One arbitrator will be appointed under those rules. The seat and, where a hearing is held in person, the location of the arbitration will be Philadelphia, Pennsylvania, though you may elect a telephone or video hearing, or a determination on documents alone, where the rules permit. Each party bears its own legal fees except where a statute or the arbitrator’s award provides otherwise. Filing, administration, and arbitrator fees are allocated under the applicable AAA rules. Where you are a consumer and demonstrate that those fees would be prohibitive compared with litigation, we will pay the portion the AAA determines is necessary to prevent the arbitration from being cost-prohibitive.

16.4 Arbitrator’s authority. The arbitrator has exclusive authority to resolve all issues of arbitrability, including any challenge to the formation, scope, interpretation, applicability, or enforceability of this Section 16, except that a court of competent jurisdiction has exclusive authority to decide any challenge to the Class Action Waiver in Section 16.5. The arbitrator may award any relief available in an individual action in court under applicable law, and only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The award is final and binding, and judgment on it may be entered in any court of competent jurisdiction. The arbitrator must issue a reasoned written award.

16.5 CLASS ACTION AND JURY WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON, MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, AND MAY NOT AWARD RELIEF TO ANYONE OTHER THAN THE INDIVIDUAL PARTY BEFORE THE ARBITRATOR. YOU AND WE FURTHER WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING PERMITTED TO BE BROUGHT IN COURT.

16.6 Exceptions. This Section 16 does not require arbitration of any of the following.

• (a) An individual claim brought in a small-claims court of competent jurisdiction, so long as it remains an individual claim in that court.
• (b) An application for a temporary restraining order, preliminary injunction, or other equitable relief to prevent or stop the actual or threatened infringement, misappropriation, or violation of intellectual-property rights, or a breach of Sections 6.3, 7, 9, or 10. Either party may bring such an application in the courts identified in Section 17.
• (c) Any claim that applicable law does not permit to be arbitrated.

Seeking relief under (b) is not a waiver of the right to arbitrate any other claim.

16.7 Severability within this Section. If the Class Action Waiver in Section 16.5 is held unenforceable as to a particular claim or a particular request for relief, then that claim or request shall be severed from the arbitration and brought exclusively in the courts identified in Section 17, while all other claims proceed in arbitration. Under no circumstances is any class, collective, consolidated, or representative proceeding permitted in arbitration. If any other part of this Section 16 is held unenforceable, that part is severed and the remainder continues in force.

16.8 Coordinated filings. If 25 or more Notices of Dispute raising materially similar claims are submitted by or with the assistance of the same person, firm, or coordinated group within a 90-day period, the parties agree that the claims will be resolved in sequential batches of no more than 25 arbitrations at a time, with the outcome of each batch informing the resolution of the next, and that all applicable limitation periods are tolled for claims awaiting their batch. This Section 16.8 is intended to make resolution efficient and is not a waiver of any party’s right to arbitrate.

16.9 Your right to opt out. You may opt out of this Section 16 by sending written notice to info@philipsarajlic.com with the subject line “Arbitration Opt-Out”, stating your name, the email address or other identifier you used with the Site, and a clear statement that you decline to be bound by this arbitration agreement. The notice must be sent within thirty (30) days of the date you first accept these Terms. Opting out affects nothing else in these Terms, and it will not adversely affect your relationship with us. If you opt out, Section 17 governs any dispute.

16.10 Changes to this Section. If we make a material change to this Section 16 after you first accept these Terms, you may reject the change by sending written notice to info@philipsarajlic.com within thirty (30) days of the change, in which case the version of this Section 16 in effect immediately before the change will continue to apply to you.

16.11 Survival. This Section 16 survives termination of these Terms and any termination of your access to the Site.

17. Governing law and venue

These Terms, and any dispute arising out of or relating to them, the Site, or the Services, are governed by the laws of the Commonwealth of Pennsylvania and the federal law of the United States, without regard to any conflict-of-laws rule that would apply the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any dispute not subject to arbitration under Section 16, and for any application to enforce, vacate, or confirm an arbitral award, you and we submit to the exclusive jurisdiction of the state and federal courts located in Philadelphia County, Pennsylvania, and waive any objection to venue in those courts or that they are an inconvenient forum.

If you are a consumer resident in a jurisdiction whose mandatory law gives you the right to bring proceedings in your place of residence, or entitles you to the protection of mandatory provisions of your local law, that right and that protection are unaffected by this Section 17. We make no representation that the Site or the Content is appropriate or available for use outside the United States. If you access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

18. Time limit for bringing claims

To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms, the Site, the Content, or the Services must be commenced, whether in arbitration or in court, within one (1) year after the claim arose. A claim not commenced within that period is permanently barred. Where applicable law does not permit a limitation period to be shortened, this Section does not apply to that claim.

19. Copyright complaints

We respect intellectual-property rights. If you believe material on the Site infringes your copyright, send a written notice to info@philipsarajlic.com with the subject line “Copyright Notice”. Please include all of the following.

• (a) Your physical or electronic signature.
• (b) Identification of the work you claim is infringed.
• (c) Identification of the material you claim is infringing and its location on the Site, in enough detail for us to find it.
• (d) Your contact details.
• (e) A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law.
• (f) A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

We will review complete notices and may remove or disable access to material we consider, in our sole discretion, to be infringing. Submitting a knowingly false notice may expose you to liability for damages under 17 U.S.C. § 512(f).

20. Electronic communications

By using the Site or sending us a Submission, you consent to receive communications from us electronically, including by email and by notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that they be in writing, and that electronic acceptance, including clicking a button or submitting a form, constitutes your signature for the purposes of the U.S. Electronic Signatures in Global and National Commerce Act and any equivalent law. You may withdraw this consent by ceasing to use the Site, which may mean we cannot respond to you.

21. Export controls and sanctions

You represent that you are not located in, ordinarily resident in, or organized under the laws of any country or territory subject to comprehensive United States sanctions, and that you are not listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals list. You must not access the Site, or use any Content or code sample, in breach of United States export-control or sanctions law, and you must not provide any Submission that is subject to export control.

22. Force majeure

We are not liable for any failure or delay in performing under these Terms caused by circumstances beyond our reasonable control, including act of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, strike, government action, change of law, power or telecommunications failure, internet or network outage, hosting or third-party service failure, cyber-attack, denial-of-service attack, or malware.

23. Changes to these Terms

We may revise these Terms at any time. Revised Terms take effect when posted on this page, and the “Last updated” date above will reflect the change. Where a change is material, we will take reasonable steps to signal it, such as a notice on the Site. Your continued access to or use of the Site after revised Terms take effect constitutes your acceptance of them. If you do not accept them, you must stop using the Site. Changes to Section 16 are subject to Section 16.10. The version of these Terms in force at the time a dispute arises governs that dispute. We keep prior versions and will provide one on request.

24. General provisions

24.1 Entire agreement. These Terms, together with the Privacy Policy and any Engagement Agreement, are the entire agreement between you and us regarding the Site and supersede all prior or contemporaneous understandings, communications, and proposals, whether oral or written.

24.2 No reliance. You acknowledge that you have not relied on any statement, representation, assurance, or warranty that is not expressly set out in these Terms. Nothing in this Section 24.2 limits any liability for fraud or fraudulent misrepresentation.

24.3 Severability and reformation. If any provision of these Terms is held invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent as closely as possible, or if it cannot be so modified, it shall be severed. The remaining provisions continue in full force. Section 16.7 governs severability within Section 16.

24.4 No waiver. No failure or delay by us in exercising any right under these Terms is a waiver of it, and no single or partial exercise prevents any further exercise. A waiver is effective only if given by us in writing, and applies only to the instance and purpose for which it is given.

24.5 Assignment. You may not assign, transfer, delegate, or novate these Terms or any right or obligation under them, whether by operation of law or otherwise, without our prior written consent, and any attempt to do so is void. We may assign, transfer, or novate these Terms freely, including to a company we form, to a successor in interest, or in connection with a merger, reorganization, or sale of assets, without notice or consent. These Terms bind and benefit the parties and their permitted successors and assigns.

24.6 No third-party beneficiaries. These Terms confer no right or remedy on any person other than you and us, except that the Owner’s personnel, contractors, agents, licensors, and suppliers may enforce Sections 13, 14, and 15 as third-party beneficiaries.

24.7 Relationship. Nothing in these Terms creates any partnership, joint venture, agency, franchise, fiduciary, or employment relationship between you and us.

24.8 Interpretation. Headings and the table of contents are for convenience only and do not affect interpretation. “Including” means “including without limitation”. The singular includes the plural and vice versa. These Terms shall not be construed against either party as drafter, and any rule of construction to the effect that ambiguities are resolved against the drafting party does not apply.

24.9 Notices. Notices to us must be sent to info@philipsarajlic.com and are effective on receipt. Notices to you may be given by email to any address you have provided or by posting on the Site, and are effective on the day sent or posted. You are responsible for keeping any address you give us current.

24.10 Survival. Sections 2, 4, 6, 7, 8.2, 8.3, 9, and 11 to 24 survive any termination or expiry of these Terms.

24.11 Language. These Terms are drafted in English. Any translation is provided for convenience only, and the English version governs in the event of any inconsistency.

25. Contact

Questions about these Terms may be sent to info@philipsarajlic.com. See also our Privacy Policy.