Terms & Conditions

Terms & Conditions

Please read these terms of use carefully. Your use of the Services confirms your unconditional acceptance of the following terms of use. If you do not accept these terms of use, do not use the Services.

EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, BY USING THE SERVICES, YOU AND PROVIDER AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH PROVIDER, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 19. The terms of sale in Section 8 apply to any purchases you make through the Services. If you do not agree to these Terms, do not use our Services.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Products or Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Products or Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.

1 Eligibility and Use Restrictions

(a) Age. You must be at least 16 years old to use or register for our Services. Users under 18 years of age (or the age of legal majority where the user lives) may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. The parent or legal guardian of a user under the age of 18 (or the age of legal majority) is fully responsible for the acts or omissions of such user in relation to our Services.

(b) Use and Sharing. You may only use our Services for personal, family or household purposes. This means that you may not order Products from the Services for resale. Account registration is or may be limited to United States residents only, and online purchases for the Services are limited to orders shipping within the United States.

2 Privacy

Your use of the Services is subject to our Privacy Policy, which is expressly incorporated into these Terms by reference. Please review our Privacy Policy for information about how we collect, use, share and otherwise process information about you.

3 Mobile Communications

Provider offers mobile messaging and telephone communication programs (programs that facilitate communications such as short messaging service, multimedia messaging service, artificial voice messages, prerecorded voice messages, and/or autodialed communications (collectively, “Program(s)”)), through which it sends periodic automated communications with news and offers. Such communications will be made in accordance with our Mobile Alerts Policy. The Mobile Alerts Policy applies to your participation in any Program(s), as well as telephonic communications generally. You acknowledge that telephone communications to or from us may be monitored and recorded and you consent to such monitoring and recording. Review the Mobile Alerts Policy here; they are considered Supplemental Terms and expressly incorporated into these Terms by this reference.

4 Accounts

You may create an account with stratuswears.com through the Services, and you acknowledge that it may be necessary to create an account to receive certain Services. If you create an account with us, you must: (a) provide accurate and truthful information; (b) not share or permit others to use your individual account credentials; (c) promptly update any information contained in your account if it changes; (d) use a strong password for your account that is unique to our Services and not used by you in any other website or online service; and (e) maintain the security of your account, as applicable, and (f) promptly notify us if you discover or suspect that someone has accessed your account without your permission or there has been any other breach of security. You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity. If any information you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Supplemental Terms, or any applicable law, then we may suspend or terminate your account. We reserve the right to reject, require that you change, or reclaim email identifiers or other usernames (in each case, as applicable), including on behalf of businesses or individuals that hold legal title, including the respective trademark rights, in the foregoing. We also reserve a more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits, in our sole discretion, for any reason, and without advance notice or liability.

5 User Content

(a) Our Services may allow you and other users to create, post, store, and share content, including reviews, testimonials, communications, messages, text, illustrations, files, images, graphics, photos, videos, comments, feedback, surveys, responses, sounds, music, information, content, data, questions, suggestions and other materials (collectively, “User Content”). By submitting your User Content or by applying any required hashtags or other tags, you agree to these Terms. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. If you choose to make any of your information publicly available through the Services, you do so at your own risk.

(b) License to Provider. Except for the license you grant below, as between you and Provider, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content and you remain ultimately responsible for it. You grant Provider and its subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you or any third party. You hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory. If you do not fully consent to authorize use of User Content as outlined here, do not provide such User Content.

(c) Service Usage Rules. You may not create, post, store, or share any User Content for which you do not have all the rights necessary to grant us the license described above, and you represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. You may not create, post, store, or share any User Content that:

▪ Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, misleading, or fraudulent;

▪ Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any local, state, national, or international law;

▪ May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

▪ Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;

▪ Impersonates, or misrepresents your affiliation with, any person or entity;

▪ Contains any unsolicited promotions, political campaigning, advertising, or solicitations;

▪ Contains any private or personal information of a third party without such third party’s consent;

▪ Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or content;

▪ Contains links to external sites, including links to phishing or malware sites; or

▪ In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Provider or others to any harm or liability of any type.

(d) Enforcement. Provider has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling an action in your name and on your behalf (at our cost and expense, to which you hereby consent and irrevocably appoint us as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest). Enforcement of this Section 5 is solely at Provider’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. This Section 5 does not create any right or private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these Terms or that objectionable material will be promptly removed after it has been posted.

(e) Exclusive Right to Manage Our Service. We do not undertake to review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit, or monitor User Content, we may:

▪ Delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including without limitation for any violations of applicable law or these Terms;

▪ Terminate or suspend your access to all or part of the Services, temporarily or permanently, if your User Content is reasonably likely, in our sole determination, to violate applicable law or these Terms;

▪ Take any action with respect to your User Content that is necessary or appropriate, in Provider’s sole discretion, to ensure compliance with applicable law and these Terms, or to protect Provider’s rights, or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and

▪ As permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content on or through the Services.

6 Your Responsibilities

You are responsible for your use of the Services and any use made using your account. By using the Services, you agree that you will not use our Services if you are not eligible to use our Services in accordance with Section 1 and will not use our Services other than for their intended purpose. Further, you will not, in connection with our Services:

▪ Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;

▪ Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

▪ Use or attempt to use another user’s account or information without authorization from that user and Provider;

▪ Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;

▪ Sell or resell our Services or order Products for the purpose of reselling them;

▪ Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;

▪ Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;

▪ Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;

▪ Decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of our Services;

▪ Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services;

▪ Use our Services for any commercial purpose or for the benefit of any third party in any manner not otherwise permitted by these Terms;

▪ Access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our providers;

▪ Bypass or ignore instructions contained in our robots.txt file; or

▪ Attempt to circumvent any content-filtering techniques or security measures we employ on the Services, or attempt to access areas or features of the Services that you are not authorized to access;

▪ Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

▪ Develop or use any applications that interact with our Services without our prior written consent;

▪ Provide false, inaccurate, or misleading information in connection with your use of our Services;

▪ Encourage or enable any other individual to do any of the foregoing.

Provider is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements, and to maintain the safety, security, and integrity of our Services. We may disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities and third parties in investigating alleged illegal activity.

7 Ownership

Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the Provider logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Provider Content”) are the proprietary property of Provider or our affiliates, licensors, or users, as applicable, and are protected by U.S. and international copyright and other intellectual property laws. The Provider logo and any Provider product or service names, logos, or slogans that may appear on the Services are trademarks of Provider or our affiliates and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Unless otherwise stated, you may not use any Provider Content without our express written permission.

You may only use the Services for your own personal, non-commercial use. You may not use any Provider Content in connection with any product or service that is not offered by Provider in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Provider or our affiliates. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

8 Purchases; Terms of Sale

(a) Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Provider and you will not take place unless and until you have received your order confirmation email. If you wish to cancel an order, you may request a cancellation by contacting us, however, we may not be able to cancel the order if it has already been shipped.

(b) Prices and Payment Terms.

▪ All prices posted on the Services are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after the time of the increase.

▪ We do not honor inaccurate or erroneous prices. If we discover an error in the price of any Products you have ordered, we will inform you of the error and provide you with the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as canceled.

▪ You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchases.

▪ You represent and warrant that you have the legal right to use any payment method(s) in connection with any purchase.

(c) Return Policy. Please refer to our Return Policy on the Site for details concerning our return policy, which is incorporated herein by reference.

(d) Shipping. Risk of loss and title for Products purchased from Provider pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

(e) Order Limits. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, on a case-by-case basis. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We will attempt to notify you if we reduce the quantity of or cancel an order you placed.

(f) Accuracy of Information. We attempt to ensure that information on the Services is complete, accurate, and current. Despite our efforts, the information on the Services may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on the Services. For example, Products included on the Services may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Services. We may make changes in information about price and availability without notice.

(g) Taxes. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Services. By placing an order, you represent that the Products ordered will be used only in a lawful manner.

9 Third-Party Content and Links

The Services may contain links to third-party websites, services, and advertisements for third parties (collectively, “Third-Party Content”). Such Third-Party Content is not under the control of Provider and Provider is not responsible for any Third-Party Content. Provider provides access to these Third-Party Content only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Content. When you use Third-Party Content, you do so at your own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Content. Your interactions with third parties are solely between you and the third party. You agree that Provider will not be responsible for any loss or damage incurred as the result of any such interactions or the presence of such Third-Party Content on the Services.

10 Feedback

Any questions, comments, suggestions, ideas, original or creative materials, or other information you submit about Provider or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Provider. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11 Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Provider and its subsidiaries and affiliates, and its and their respective officers, directors, agents, partners, and employees (individually and collectively, the “Provider Parties”) from and against any loss, liability, claim, demand, damages, expenses, or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Provider Parties of any third-party Claims, cooperate with Provider Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Provider Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Provider or the other Provider Parties.

12 Disclaimers

(a) THE SERVICES, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OF ANY KIND.

(b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SERVICES, WILL BE ACCURATE, CURRENT, UNINTERRUPTED, ERROR-FREE, OMISSION-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROVIDER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

(c) CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH CASES, PROVIDER’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

13 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROVIDER OR THE PROVIDER PARTIES BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES; (B) ANY LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (C) ANY DAMAGES RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES, OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OR DAMAGE OF ANY CONTENT OR USER CONTENT UPLOADED, TRANSMITTED, OR STORED THROUGH THE SERVICES; OR (D) ANY DAMAGES RELATED TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. THESE LIMITATIONS APPLY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PROVIDER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO PROVIDER FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (II) ONE HUNDRED DOLLARS ($100.00 USD). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES.

14 Release

To the fullest extent permitted by applicable law, you release Provider and the other Provider Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under any statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

15 Governing Law and Venue

These Terms and your use of the Services will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in New York County, New York, and you and Provider hereby irrevocably consent to the personal jurisdiction and venue therein.

16 Termination

Notwithstanding any of these Terms, Provider reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services. Provider may terminate or suspend your account and your ability to use the Services, or any portion thereof, for any reason, including without limitation, for lack of use or if Provider believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons, your right to use the Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17 Severability

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

18 Entire Agreement

These Terms (together with our Privacy Policy, Mobile Alerts Policy, Return Policy, and any other Supplemental Terms) constitute the entire agreement between you and Provider relating to your access to and use of the Services and your purchase of Products through the Services. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and Provider, whether oral or written, regarding the subject matter of these Terms. No waiver of any provision of these Terms will be effective unless in writing and signed by us. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

19 Dispute Resolution; Arbitration; Class Action Waiver

(a) Informal Dispute Resolution. We want to address your concerns without resorting to a formal legal case. Before filing a claim against Provider, you agree to try to resolve the dispute informally by contacting us. We’ll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or Provider may bring a formal proceeding.

(b) Arbitration Agreement. Except where and to the extent prohibited by law, you and Provider agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services or Products (collectively, “Disputes”) will be resolved by binding arbitration on an individual basis, rather than in court, except that: (i) you may assert claims in small claims court if your claims qualify; and (ii) you or Provider may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by a single arbitrator. The arbitration will be conducted in the English language in New York, New York, unless we both agree to another location or language. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

(c) Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Provider agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section will be null and void.

(d) Opt-Out. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 19 by sending an email to us. In order to be effective, the opt-out notice must include your full name, address, account identifier (if applicable), and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 15.

(e) Changes to This Section. Provider will provide 30-days’ notice of any changes to this section. Changes will become effective on the 30th day. If you continue to use the Services after the 30th day, you agree that any unresolved Disputes arising under these Terms will be subject to the terms of the amended Dispute Resolution section.

20 Modifications to the Services

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and without notice. You agree that Provider will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

21 Contact Us

If you have any questions about these Terms, please contact us.