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    Terms of Service

    These terms of service (these “Terms”) describe your rights and responsibilities when accessing or using our website at www.momdunk.com (the “Site”), the companion application (the “App”), or any and all related software, documentation, and online services (collectively, the “Service”) provided by Jumpstart Advisors LLC (“Mom Dunk,” “we,” “our,” or “us”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or similar), you confirm that you have read, understood, and agree to be bound by these Terms. We reserve the right to modify these Terms, and will notify you of any changes by posting an updated version of these Terms on our Site. These Terms apply to all visitors and users of the Service (“Users,” “you,” or “your”). If you do not agree to the Terms, you may not use the Service.PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 9.2 (THE “ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 9.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.

    1. The Service
    We provide a tool designed to help you manage your email and schedule.

    1.1 Eligibility
    You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”).

    1.2 Limited License
    Subject to these Terms, you are granted a non-exclusive, limited, non-transferable, and freely revocable license to use the Service, only for your personal, noncommercial use, and strictly as permitted by the features of the Service. We may terminate that license at any time, for any reason, or no reason. We reserve all rights not expressly granted by these Terms to the Service and the Our Content.

    1.3 User Accounts
    Your account on the Service (“User Account”) gives you access to certain functionality that we may establish and maintain as part of the Service, in our sole discretion. We may maintain different types of User Accounts for different types of Users. By connecting to the Service via a third-party service, you give us permission to access and use your information from that service as permitted by that service. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for, and expressly disclaim responsibility for any losses caused by any unauthorized use of your User Account. By providing us your email address, you consent to our using that email address to send you information about the Service, including any notices required by Applicable Law.

    1.4 Service Rules
    You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including by any automated or non-automated “scraping;” (b) using any automated system, including “robots,” “spiders,” or “offline readers,” to access the Service in a manner that sends more request messages to the servers running the Service than a human can reasonably produce in the same period of time by using a conventional on-line web browser or application; (c) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service; (d) taking any action that imposes, or may impose (as determined by us, in our sole discretion), an unreasonable or disproportionately large load on our infrastructure; (e) uploading invalid data, viruses, worms, or other software agents through the Service; (f) using the Service for any commercial solicitation purposes; (g) impersonating another person, conducting fraud, or hiding or attempting to hide your identity; (h) interfering with the proper working of the Service; or (i) bypassing the measures we may use to prevent or restrict access to the Service; (j) modifying, disassembling, decompiling, or reverse engineering any part of the Service, except to the extent that such restriction is expressly prohibited by Applicable Law; (k) renting, leasing, loaning, reselling, sublicensing, distributing, or otherwise transferring any part of the Service to any third party; (l) making any unauthorized copies of any part of the Service; (n) removing, circumventing, disabling, damaging, or otherwise interfering with features of part of the Service; or (o) deleting the copyright or other proprietary rights notices on any App.

    1.5 Changes to the Service
    We may, with or without prior notice, change the Service; stop providing the Service or features of the Service to you; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to your User Account and/or the Service with or without notice and without liability, for any reason, including if, in our sole determination, you violate any provision of these Terms, or for no reason. Upon their termination for any reason or no reason, you continue to be bound by these Terms.

    1.6 Service Location
    The Service is controlled and operated from facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable United States and local laws and regulations, including export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

    2. Third-party Code
    Any third-party code that may be incorporated into the Service is covered by the applicable open source or third-party license, if any, authorizing use of such code. We or our third-party partners retain all right, title, and interest in and to those parts of the Service.

    3. User Content
    The Service may allow Users to provide or otherwise make available content such as emails, comments, questions, and other content or information (“User Content”). We claim no ownership rights over your User Content, and, as between you and us, it remains yours. However, you understand that certain parts of the Service may allow us to view, edit, share, and/or otherwise interact with your User Content. By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, transferable, perpetual, irrevocable, non-exclusive, and worldwide license, with the right to grant and authorize sublicenses, to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Service and our business, including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and any and all other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.In connection with your User Content, you affirm, represent, and warrant the following: you have obtained and are solely responsible for obtaining all consents as may be required by Applicable Law to grant us access to User Content relating to third parties; your User Content and our use of that content as contemplated by these Terms will not violate any Applicable Law or infringe any rights of any third party, including, but not limited to, any Intellectual Property Rights and privacy rights; and we may exercise the rights to your User Content granted under these Terms without liability for payment.We take no responsibility and assume no liability for any User Content that you submit, provide, or otherwise make available on or through the Service. You will be solely responsible for your User Content and the consequences of submitting it, providing it, or otherwise making it available on or through the Service. 

    4. Our Proprietary Rights
    4.1 Our Content
    Except for your User Content, the Service and all materials therein or transferred through the Service, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (collectively, “Our Content”), and all Intellectual Property Rights related to Our Content, are our exclusive property. Except as explicitly provided in these Terms, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any of Our Content. Use of Our Content for any purpose not expressly permitted by these Terms is strictly prohibited.

    4.2 Usage Data
    We may collect, maintain, process, and use, or you may provide to us, diagnostic, technical, usage, and related information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). You agree that all Usage Data is owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you assign to us, all rights, title, and interest in and to the same. Accordingly, we may use the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to develop and improve the Service; (c) to monitor your usage of the Service; (d) for research and analytics and for our other business purposes; and (e) to share analytics and other derived Usage Data with third parties, solely in deidentified or aggregated form. The Service may contain technological measures designed to prevent unauthorized or illegal use of the Service. You acknowledge and agree that we may use these and other lawful measures to verify your compliance with these Terms and to enforce our rights, including all Intellectual Property Rights, in and to the Service.

    4.3 Feedback
    To the extent you provide any suggestions, recommendations, or other feedback relating to the Service (collectively, “Feedback”), such Feedback is non-confidential, and you hereby grant, and you represent and warrant that you have all rights necessary to grant, us a non-exclusive, perpetual, irrevocable, transferable, royalty-free, and worldwide license, with the right to grant and authorize sublicenses, to implement, use, modify, and otherwise exploit, in any way without restriction, the Feedback, without any fees, attribution, or other obligations to you.

    5. Paid Services
    5.1 Billing Policies
    Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms applicable to you and available at www.momdunk.com (as we may update them from time to time, the “Pricing and Payment Terms”). Our Pricing and Payment Terms are incorporated by reference in these Terms. We may add new services for additional fees and charges, and may add or amend fees and charges for existing services, at any time, in our sole discretion; provided however, that if we have offered a specific duration and Subscription Fee for your use of the Service, we agree that the Subscription Fee will remain in force for that duration. Under these Terms, “Subscription Fee” means the recurring amount you pay as consideration for a subscription to any particular portion of the Service (“Subscription”).

    5.2 Subscriptions
    a. Automatic Renewals. The Subscriptions are available on an automatically renewing subscription basis. For the most current information about the Subscription Fees, please review our Pricing and Payment Terms. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM IDENTIFIED AT THE TIME OF YOUR SUBSCRIPTION FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION TERM (EACH SUCH PERIOD, A “SUBSCRIPTION TERM”) UNLESS AND UNTIL YOU CANCEL THE APPLICABLE SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN SECTION 5.2(c). IF YOU ARE SIGNED UP TO A FREE TRIAL OF THE SERVICE, YOUR SUBSCRIPTION (AND THE FIRST SUBSCRIPTION TERM) WILL BEGIN UPON THE EXPIRATION OF SUCH FREE TRIAL.b. Automatic Billing and Policies. When you purchase a Subscription, you expressly acknowledge and agree that: (i) we and/or our third-party payment processors are authorized to charge you, at the beginning of each Subscription Term, the Subscription Fee for the applicable Subscription, any applicable taxes, and any other charges, including fees charged by third party payment processors, like Stripe, that we may engage, that you may incur in connection with your purchase and use of the Subscription, subject to adjustment in accordance with the terms and conditions of these Terms, for as long as your Subscription continues; and (ii) your Subscription is continuous until the earlier of (A) your cancellation of such Subscription (including any notice period specified in Section 5.2(c)) and (B) the suspension, discontinuation, or termination of your access to such Subscription or to the Service in accordance with these Terms. You acknowledge and agree that the amount billed may vary due to promotional offers, changes in the Subscription Fees in accordance with the Pricing and Payment Terms, and/or changes in applicable taxes, and you authorize us to charge your payment method for the changed amounts.c. Cancellation Procedures. To cancel any Subscription, you must notify us by 11:59 pm Pacific Time of the day before the start of the next Subscription Term by using the appropriate functionalities of the Service or by contacting us at support@momdunk.com. You will continue to have access to the Subscription through the end of the current Subscription Term.d. Cancellations; Refunds. You may cancel your User Account or any Subscription at your sole discretion. Purchases are non-refundable; we are not obligated to refund any payments, but may do so at its sole discretion. SUBJECT TO THE FOREGOING SENTENCE, YOU ACKNOWLEDGE AND AGREE THAT, IN THE EVENT THAT: (i) WE SUSPEND OR TERMINATE YOUR SUBSCRIPTION, YOUR USER ACCOUNT, OR THESE TERMS, OR (ii) YOU CANCEL YOUR SUBSCRIPTION, YOU WILL RECEIVE NO REFUND FOR SUCH SUSPENSION, TERMINATION, OR CANCELLATION, NOR FOR ANY UNUSED TIME ON YOUR SUBSCRIPTION, ANY PRE-PAYMENTS MADE IN CONNECTION WITH YOUR SUBSCRIPTION, ANY LICENSE OR SUBSCRIPTION FEES FOR ANY PORTION OF THE SERVICE, ANY CONTENT OR DATA ASSOCIATED WITH YOUR USER ACCOUNT, OR ANYTHING ELSE.

    5.3 Payment Information
    Taxes
    In connection with payments of Subscription Fees and/or any other monetary transaction interaction with the Service, you may be asked to provide customary billing information such as name, billing address, and credit card information to us or to the applicable third-party payment processor, like Stripe. All information that you provide in connection with a monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your payment method used in connection with a monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You hereby authorize the collection of such amounts by charging your designated payment method or credit or debit card, either directly by us, or indirectly via a third-party payment processor. We cannot control any fees that may be charged to you by your bank in connection with the collection of Subscription Fees or any other fees, and we disclaim all liability in this regard. If you are directed to a third-party payment processor, like Stripe you will be subject to terms and conditions governing the use of that third party’s service and to that third party’s personal information collection practices. Please review such terms and conditions and privacy notice before using such third party’s services. Without limiting the generality of the foregoing, you acknowledge and understand that, by using the Service, you agree to be bound by Stripe’s Services Agreement, and by the terms of service of any other third-party payment processor(s) that we may engage from time to time in our sole discretion. You acknowledge and understand that third-party payment processors may collect and retain third-party fees whenever you pay Subscription Fees. You will pay all applicable taxes, if any, relating to any monetary transaction interaction with the Service.

    5.4 Free Trials
    We may, at our sole option and in our sole discretion, offer free trials to parts of the Service, subject to the terms of the offer. If you are signed up to a free trial of the Service, we will automatically bill your payment method on the first day of your first Subscription Term after the free trial period expires, and, afterwards, on each recurring billing date, subject to these Terms. If you wish to avoid charges to your payment method, you must cancel your free trial by 11:59pm Pacific Time on the last day of your free trial period. If you cancel your free trial, cancellation may be effective immediately. You acknowledge and agree that any offers made available through the Service, including without limitation offers for Subscriptions, are subject to change at any time and from time to time.

    6. Release and Indemnity
    You hereby release us from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party in connection with the Service. In addition, you waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTY.”You agree to defend, indemnify, and hold harmless us and our licensors and our respective employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, attorneys’ fees) arising from: (a) your access to and use of the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including, without limitation, your breach of any of the representations and warranties herein contained; (c) your violation of any third-party right, including, without limitation, any right of privacy or Intellectual Property Right; (d) your violation of any Applicable Law; (e) User Content or any content that is submitted via your User Account, including, without limitation, misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any other party’s access to and/or use of the Service with your credentials. 

    7. No Warranty
    The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by Applicable Law, the Service, Our Content, and any other information available on or through the Service are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from us or through the Service will create any warranty not expressly stated in these Terms. Without limiting the generality of the foregoing, we and our licensors do not warrant that Our Content or any other information contained in the Service are accurate, comprehensive, reliable, useful, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted, or secure; that any defects or errors in the Service will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or for loss of data that results from such download or from your use of the Service. Federal law and some states, provinces, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by Applicable Law.

    8. Limitation of Liability
    To the maximum extent permitted by Applicable Law, in no event will we or our licensors, and respective employees, contractors, agents, officers, or directors, be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, or data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service, and/or Our Content or any other information contained in the Service. Under no circumstances will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service or your User Account or related information.This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by Applicable Law.

    9. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
    9.1 Governing Law
    These Terms will be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of California or the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in the Northern District of California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our Intellectual Property Rights or other proprietary rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that the Northern District of California is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable.

    9.2 Arbitration
    READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Service; or (d) any other aspect of your relationship or transactions with us, directly or indirectly, as a consumer (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your agreement to these Terms. If you are a new User, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at support@momdunk.com with your full, legal name and stating your intent to opt-out of this Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.For any Claim, you agree to first contact us at support@momdunk.com and to attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after ninety (90) days, we each agree to resolve such Claim exclusively through binding arbitration by the American Arbitration Association (“AAA”) before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in San Francisco County or Alameda County, California. You acknowledge and understand that, each of you and us will be responsible for paying any AAA filing and administrative and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, or (ii) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.Nothing in this Arbitration Agreement will be deemed as: preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its data security, Intellectual Property Rights, or other proprietary rights; or preventing you from asserting claims in small claims court, provided that your claims qualify, and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.

    9.3 Class Action/Jury Trial Waiver
    REGARDLESS OF THE TYPE OF USER YOU ARE, INCLUDING WHETHER YOU ARE A NATURAL PERSON OR AN ENTITY, ANY CLAIM MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND WE FURTHER AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. 

    10. California Residents
    The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

    11. General
    11.1 Assignment
    These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

    11.2 Notification Procedures and Changes to these Terms
    We may provide notifications, whether such notifications are required by Applicable Law or are for marketing or other business-related purposes, to you by email notice, or written or hard copy notice, or through posting of such notice on the Site(s), as determined by us, in our sole discretion. We reserve the right to determine the form and means of providing notifications to Users. 

    11.3 Entire Agreement/Severability
    These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, will constitute the entire agreement between you and us concerning the Service. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

    11.4 No Waiver
    No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.