Terms of Use

Welcome! Please take a moment to scroll down and read these Terms of Use.

Last updated: January 30, 2025

Beyond Type 1 (“Beyond Type 1,” “we,” “us,” or “our”) welcomes you. We’re really excited that you have decided to access and use the websites owned or controlled by Beyond Type 1 including but limited to, https://beyondtype1.org and https://community.beyondtype1.org/ (collectively, the “Sites” and each, a “Site”), our mobile app which is accessible through tablets, smart phones and other devices (the “App”), and/or our online services (the “Services”), which are made available to you through our Sites and App, subject to the following terms and conditions (“Terms of Use”).

By browsing the public areas of the Sites, accessing and/or using the App and/or the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of the terms in the Agreement, then please do not use the Sites, the App, and/or the Services.

We reserve the right, at our sole discretion, to modify, discontinue, or terminate any of the Sites, the App, the Services or to modify this Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Sites and the App. By continuing to access and/or use the Sites, the App, and/or the Services after we have posted a modification on the Sites, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Sites, the App and the Services.

If you accept or agree to the Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

THE SECTION BELOW TITLED “MISCELLANEOUS” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.

1. NO MEDICAL ADVICE.

The Sites, the App, the Services, the Beyond Type 1 Content, and the Third Party Materials are provided for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something made available to you on the Sites, the App, the Services, the Beyond Type 1 Content, or the Third Party Materials. If you think you may have a medical emergency, call your doctor or 911 immediately. Beyond Type 1 does not recommend or endorse any specific tests, providers, products, procedures, opinions, or other information that may be mentioned on the Sites, the App, the Services, the Beyond Type 1 Content, and the Third Party Materials. Reliance on the Sites, the App, the Beyond Type 1 Content, and the Third Party Materials is solely at your own risk.

2. Use of Personal Data

Your use of the Sites, the App and/or the Services may involve the transmission to us of certain personally-identifiable information. Our policies with respect to the collection and use of such information are governed according to our Privacy Policy (located at https://beyondtype1.org/privacy-policy/,) which is hereby incorporated by reference in its entirety.

3. License to Use the App

Beyond Type 1 hereby grants you a limited, non-exclusive, non-transferable license to download and install a copy of the mobile App on a single mobile device that you own or control and to run such copy of the App solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple, Inc. (“Apple”) application store (“Apple App”), you will use the Apple App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the App Store Terms of Service. We reserve all rights in and to the App not expressly granted to you under these Terms of Use.

4. Donations

Any donations you make through the Website will be processed by our third party payment vendor (“Third Party Payment Processor”) and you acknowledge and agree that any information that you submit in connection with such donation will be submitted to such Third Party Payment Processor and will be subject to the privacy policy and terms of use of such Third Party Payment Processor.

5. Eligibility

The Sites, the App and the Services are available only for individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

6. Member Registration

In order to access and/or use certain Services, you will be required to register as a member on the Sites (“Member”). During the registration process, we will ask you to provide your name, birth date, residence city, state, country, and email address. You will also be asked to create an account, which includes your e-mail address as a sign-in name (“Sign-In Name”), and a password (“Password”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Member. You are responsible for the confidentiality and use of your Sign-In Name, and Password. You will promptly inform us of any need to deactivate a Password or Sign-In Name. We reserve the right to delete or change your Password, or Sign-In Name at any time and for any reason.

7. Fees

The Sites, the App and the Services are currently provided to you free of charge. However, we reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.

8. Third Party Materials

The Sites, the App and the Services contain materials, including but not limited to, certain healthcare information, food related information, health news, data, research, analysis and opinions that are provided by third party information providers (collectively, the “Third Party Materials”). Beyond Type 1 does not endorse, or edit any opinion or analysis expressed in any Third Party Materials and shall not be liable for any Third Party Materials. Beyond Type 1 does not guarantee the availability, accuracy, completeness, quality, reliability, or suitability of any Third Party Materials.

9. Intellectual Property

We retain all right, title and interest in and to the Sites, the App, the Services, all software and other technology relating to any of the foregoing, all any content or materials made available through any of the foregoing, together with all intellectual property rights embodied therein (the “Beyond Type 1 Content”). The Beyond Type 1 Content may be owned by us or our licensors, and is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other intellectual property rights or laws. You have no rights in or to the Beyond Type 1 Content, and you will not use the Beyond Type 1 Content except as permitted under this Agreement and the functionality of the Sites, App and/or the Services. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary or legal notices contained in the original Beyond Type 1 Content. You may not sell, transfer, assign, license, sublicense, or modify the Beyond Type 1 Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Beyond Type 1 Content in any way for any public or commercial purpose. The use or posting of the Beyond Type 1 Content outside the Sites, App and Services or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access the Sites, the App, and the Services automatically terminates and you must immediately destroy any copies you have made of the Sites, the App and the Services.

The trademarks, service marks, and logos of Beyond Type 1 (the “Beyond Type 1 Trademarks”) used and displayed on the Sites, the App and the Services are registered and unregistered trademarks or service marks of Beyond Type 1. Other company, product, and service names located on the Sites, the App and the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Beyond Type 1 Trademarks, the “Trademarks”). Nothing on the Sites, App and the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Beyond Type 1 Trademarks inures to our benefit.

Elements of the Sites, the App and the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Beyond Type 1 Content may be retransmitted without our express, written consent for each and every instance.

10. User Generated Content

You may post and/or create content through the Sites, the App and/or the Services and you may also transmit content to us via email (hereinafter, “User Generated Content”). We cannot and do not review it all–we are merely acting as a passive conduit for distribution of the User Generated Content. That said, our administrators or volunteers may monitor the User Generated Content submitted on some or all of our Sites, App and Services. We reserve the right, in our sole discretion, to remove User Generated Content that does not adhere to our Community Guidelines, or that is offensive or otherwise unacceptable to us in our sole discretion. You expressly acknowledge and agree that once you submit User Generated Content for inclusion into the Sites, App and/or the Services, there is no confidentiality or privacy with respect to such User Generated Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT BEYOND TYPE 1, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER GENERATED CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SITES, THE APP AND/OR THE SERVICES.

As between us and you, you retain all copyrights and other intellectual property rights in and to your User Generated Content. You do, however, hereby grant Beyond Type 1 and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your User Generated Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised, including but not limited to, posting your User Generated Content on our social media channels.

If you submit User Generated Content to us, each such submission constitutes a representation and warranty to Beyond Type 1 that such User Generated Content is your original creation (or that you otherwise have the right to provide the User Generated Content), that you have the rights necessary to grant the license to the User Generated Content under the prior paragraph, and that it and its use by us and our content partners as permitted by these terms, does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

11. Accessing and Downloading the App from Apple App Store

The following terms apply to any Apple App. These terms are in addition to all other terms contained in these Terms of Use:

You acknowledge and agree that (i) these Terms of Use are concluded between you and Beyond Type 1 only, and not Apple, and (ii) Beyond Type 1, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between Beyond Type 1 and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Beyond Type 1.
You acknowledge that, as between Beyond Type 1 and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between Beyond Type 1 and Apple, Beyond Type 1, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms of Use, you must comply with all applicable third party terms of agreement when using the App.

12. Accessing and Downloading the App from Google Play Store

The following terms apply to the App when you download the App from the Google Play Store. These terms are in addition to all other terms contained in these Terms of Use:

You acknowledge that these Terms of Use are between you and SolaReef only, and not with Google, Inc. (“Google”).
Your use of the App must comply with Google’s then-current Google Play Terms of Service.
Google is only a provider of Google Play where you obtained the App.
Beyond Type 1, and not Google, is solely responsible for the App.
Google has no obligation or liability to you with respect to App or these Terms of Use.
You acknowledge and agree that Google is a third-party beneficiary to these Terms of Use as it relates to App.

13. Community Guidelines

By accessing and/or using the Sites, the App and/or the Services, you hereby agree that:

You will not use the Sites, the App and the Services for any unlawful purpose;
All information provided through your account must be truthful and accurate, and you have a duty to update any information previously provided in order to keep it truthful and accurate;
You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
You will not “stalk” or otherwise harass another user of the Sites, the App and the Services;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Sites, the App and/or the Services;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Sites, the App and/or the Services;
You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Sites, the App and/or the Services;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Sites, the App, and/or the Services directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
You will not interfere with or attempt to interrupt the proper operation of the Sites, the App and the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Sites, the App and the Services through hacking, password or data mining, or any other means.

14. Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the Sites, the App, and/or the Services, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Sites, the App, and/or the Services. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Sites, the App, and/or the Services for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

15. No Warranties; Limitation of Liability

NONE OF BEYOND TYPE 1 OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “BEYOND TYPE 1 PARTIES”) ENDORSE ANY BEYOND TYPE 1 CONTENT, USER GENERATED CONTENT OR THIRD PARTY MATERIALS PROVIDED THROUGH THE SITES, THE APP, AND THE SERVICES. NONE OF THE BEYOND TYPE 1 PARTIES HAS ANY RESPONSIBILITY OR LIABILITY FOR ANY RESULTS CAUSED BY USING THE SITES, THE APP, THE BEYOND TYPE 1 CONTENT, USER GENERATED CONTENT, THIRD PARTY MATERIALS AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS YOU MAY SUFFER. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING SENTENCE DOES NOT APPLY TO CONSUMERS LOCATED IN NEW JERSEY.

THE SITES, THE APP, THE SERVICES, THE BEYOND TYPE 1 CONTENT, USER GENERATED CONTENT AND THIRD PARTY MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER ANY BEYOND TYPE 1 PARTIES NOR BEYOND TYPE 1 PARTIES SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND THE BEYOND TYPE 1 PARTIES HEREBY DISCLAIM ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITES, THE APP AND/OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITES, THE APP AND/OR THE SERVICES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE SITES, THE APP AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, OR TECHNICAL LISTED ON THE SITES, THE APP AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITES, THE APP AND THE SERVICES AT ANY TIME WITHOUT NOTICE.

16. External Sites

The Sites, the App and the Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the Website administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

17. Indemnification

You will indemnify, defend, and hold Beyond Type 1 and its shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Beyond Type 1 Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any Beyond Type 1 Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this Agreement; (ii) your misuse of the Sites, App, Services, User Generated Content, Third Party Materials and/or the Beyond Type 1 Content; (iii) your User Generated Content; (iv) your negligence, gross negligence, willful misconduct, fraud, misrepresentation or violation of law; and/or (v) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise

18. Compliance with Applicable Laws

The Sites, the App and the Services are based in the United States. We make no claims concerning whether the Sites, the App, the Services and/or any Beyond Type 1 Content, Third Party Materials or User Generated Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Sites, the App, the Services, the Beyond Type 1 Content Third Party Materials or User Generated Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

19. Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and/or your access to all or any part of the Sites, the App and/or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Sites, the App and/or the Services at any time without prior notice or liability.

20. Copyright Complaints

Reporting Claims of Copyright Infringement

We respect the intellectual property rights of others and attempt to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

To contact our Copyright Agent by email, please write to [email protected], with COPYRIGHT NOTICE in the subject line.

If you believe that your work has been copied on the Sites, the App or the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Sites, the App or the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Counter-Notification Procedures

If you believe that material you posted on the Sites, the App or the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified above).

Pursuant to the Act, the Counter-Notice must include substantially the following: (i) your physical or electronic signature; (ii) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (iii) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (iv) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (v) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Sites, the App or the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Sites, the App or the Services with the complaint at issue.

The Act allows us to restore the removed content if the party filing the original notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the Act.

21. Binding Arbitration

In the event of a dispute arising under or relating to this Agreement (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

22. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

23. Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any such action by us.

24. Controlling Law; Exclusive Forum

The Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of California, for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement.

25. Miscellaneous

If the Agreement is terminated in accordance with the termination provision in Section 19 above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Unsolicited Information,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, the Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Questions or comments regarding the Sites, the App and/or the Services, including any reports of non-functioning links, should be submitted using our email address at [email protected].