LAST UPDATED: December 4th, 2019
Hyphenus, Inc. (the “Company”, “we”, or “us”) operates the coParenter mobile application and platform (the “Platform”), which helps separating, divorced and never married parents (“co-parents”) improve co-parenting communication, make and manage parenting agreements, and resolve disputes with the input from a trained third party (a “coParenter Mediator”). These Terms of Service (these “Terms”) are a legally binding contract between you and CoParenter regarding your use of the Platform. BY USING OR ACCESSING THE PLATFORM, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE PLATFORM.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 23.b, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 23.)
- NO ATTORNEY-CLIENT RELATIONSHIP. Communications on or through the Platform, including with any coParenter Mediator or your co-parent, may have legal consequences. Communication of information through the Platform or to a coParenter Mediator: (1) does not create or constitute an attorney-client relationship, (2) is not privileged, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You acknowledge that the Company (including the coParenter Mediators) does not give legal advice and is not responsible for any agreements or transactions on the Platform that may impact your legal rights or remedies. If you reach an agreement with your co-parent, the Company is not responsible for your failure to seek legal advice or to consider your legal remedies. The Company hereby informs you to seek legal advice. IT IS YOUR DUTY AND SOLE RESPONSIBILITY WHETHER REPRESENTED BY AN ATTORNEY OR NOT TO SEEK OUT AND UNDERSTAND ANY LEGAL REMEDIES, RESPONSIBILITIES OR INFORMATION ASSOCIATED WITH ANY COMMUNICATIONS YOU HAVE ON THE PLATFORM. IF YOU ARE REPRESENTED BY AN ATTORNEY, YOU ARE SOLELY RESPONSIBLE FOR CONTACTING, COMMUNICATING AND RECEIVING ANY ADVICE FROM YOUR ATTORNEY BEFORE ENTERING INTO AN AGREEMENT OR COMMUNICATION ON THE PLATFORM. IF YOU ARE REPRESENTED BY AN ATTORNEY, IT IS YOUR SOLE RESPONSIBILITY TO NOTIFY THAT ATTORNEY THAT YOU ARE WORKING ON PARENTING SCHEDULES, AGREEMENTS, AND COMMUNICATION WITH COPARENTER.
- coParenter Mediators. Our coParenter Mediators are professionals with a wide variety of backgrounds, who are intended to serve as neutral third parties who can assist with navigating disputes with your co-parent. Although some coParenter Mediators may have professional certifications in counseling and similar fields, use of the Platform and communication with the coParenter Mediator on the platform does not establish a therapist-client or doctor-patient relationship. The Company makes no representations or warranties regarding the background, licensure, competency or abilities of the coParenter Mediator.
- coParenter Mediation Sessions. The coParenter Mediation session is a unique experience that is not necessarily aligned with traditional models of mediation and is not intended to be as it is a fast paced text exchange between users and coParenter Mediators for the purpose of helping parties reach agreements. If you enable a “coParenter Mediation Session”, you and your co-parent(s) will be connected with a coParenter Mediator in a three-party (or more, if you have more than one co-parent) live chat (a “Mediation Session”). In order to facilitate optimal resolution of disputes, it is important that you and your co-parent are able to communicate freely with the coParenter Mediator and with each other during the Mediation Session. You understand that if you and your coParent are unresponsive for over 24 hours during a Mediation Session, the coParenter Mediator may close the session due to inactivity.Accordingly, by enabling a Mediation Session, YOU HEREBY EXPRESSLY AGREE THAT ALL COMMUNICATIONS DURING THE COPARENTER MEDIATION SESSION WILL BE CONFIDENTIAL AND THAT YOU WILL NOT PROVIDE SCREENSHOTS, PHOTOS, COPIES, OR THE CONTENT OF ANY COMMUNICATIONS DURING A MEDIATION SESSION IN ANY FAMILY COURT PROCEEDING INVOLVING YOUR CO-PARENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, SOLELY WITH RESPECT TO THIS SECTION 4, YOUR CO-PARENT IS A THIRD PARTY BENEFICIARY OF THESE TERMS WITH FULL RIGHT AND AUTHORITY TO SEEK AN ORDER ENJOINING YOUR DISCLOSURE IN VIOLATION OF THIS SECTION 4. The Company may, but is under no obligation to, bring an action to enforce your compliance with this Section 4. For clarity, the foregoing confidentiality commitment extends only to Mediation Sessions involving you, at least one other co-parent, and a coParenter Mediator, and does not extend to any other communications on the Platform (including, without limitation, direct communications or messages between you and your co-parent, or 1:1 coaching sessions with a coParenter Mediator).
- Agreements; Interactions with Other Users. The Platform provides tools to help you resolve issues with your co-parent and allows you to document understandings and agreements between you and your co-parent (“Agreements”). If you submit a request to your co-parent and they accept that request, it becomes an Agreement. AGREEMENTS ARE NOT LEGALLY BINDING. YOU UNDERSTAND AND AGREE THAT AGREEMENTS AND COMMUNICATIONS YOU HAVE ON OR THROUGH THE PLATFORM ARE NOT PRIVILEGED AND MAY BE SHARED OR DISCLOSED BY YOUR CO-PARENT ON OR OFF THE PLATFORM, SUBJECT TO THE CONFIDENTIALITY COMMITMENTS SET FORTH IN SECTION 4. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH YOU CO-PARENT AND OTHER USERS OF THE PLATFORM. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM COMMUNICATIONS WITH OTHER USERS ON THE PLATFORM OR ANY AGREEMENTS REACHED THROUGH THE PLATFORM.
- Pilot Participants. In some cases, users may be part of a no-cost pilot or trial, in which the Company provides the Platform to a limited number of families or co-parents that are working through a separation, divorce, and or co-parenting relationship. If you are part of a no-cost pilot, you agree to complete user surveys sent to you at the start and end of the pilot, answering all of the questions truthfully and accurately. The Company may also ask you to participate in an optional phone survey.
- Prohibited Conduct. By using the Platform, you agree not to engage in any of the following activities on the Platform:
- do or say anything to injure or cause harm others;
- display material containing nudity or pornographic material of any kind;
- provide material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity;
- promote or provide instructional information about illegal activities, or promoting physical harm or injury against any group or individual;
- use messaging services to deliver promotional content such as marketing, coupons, advertisements, notifications regarding a job opportunity, and sweepstakes;
- defame any person or group;
- display material that exploits children under 18 years of age;
- violate the rights of another, including but not limited to the intellectual property rights of another, including using the Platform for acts of copyright, trademark, patent, trade secret, or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs;
- use the Platform to display harassing, abusive, threatening, harmful, vulgar, obscene, or tortuous material or invade other’s privacy;
- interfere with or disrupt the Platform, or servers or networks connected to the Platform, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Platform except to the extent that the activity is expressly permitted by applicable law;
- post advertisements or links to competing services, transmit any junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of email;
- encourage any illegal activity, including anything to do with illegal drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes; and
- Ownership; Proprietary Rights. The Company owns all right, title and interest in and to the Platform and all components thereof and materials embodied therein. Subject to your complete and ongoing compliance with these Terms. the Company hereby grants you a personal, limited right and license to access and use the Platform. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, sell, lease, sublicense, distribute, or publicly display the Platform or any content or materials on the Platform, or otherwise transfer the access granted under these Terms; (b) make modifications to the Platform; or (c) interfere with or circumvent any feature of the Platform, including any security or access control mechanism. If you are prohibited under applicable law from using the Platform, you may not use it. The Company reserves all rights in the Platform and all components thereof and materials embodied therein.
- Your Content. Certain features of the Platform may permit you to upload content to the Platform, including messages, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Platform. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Platform. By providing User Content to or via the Platform, you grant the Company a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, as necessary for us to provide the Platform and related services and for our internal business purposes. You are solely responsible for your User Content and the consequences of providing User Content via the Platform; the Company is not responsible or liable for User Content. By providing User Content via the Platform, you affirm, represent, and warrant that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize the Company and users of the Platform to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by the Company, the Platform, and these Terms; and (b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause the Company to violate any law or regulation.
- Feedback. We welcome any ideas, thoughts and feedback you may wish to provide regarding the Platform (“Feedback”). Please understand that it is solely your choice whether to provide any Feedback, and if you do so, you understand that such submission of Feedback is done on a non-confidential basis and you will not receive any payment or other benefits or compensation for your Feedback. You hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including improving the Platform and creating other products and services.
- Purchases on the Platform; Credits. We may offer the option to make in-app purchases, including for the purchase of credits you can redeem for coParenter Mediation sessions, as well as subscriptions which may be for varying duration. In some cases we may offer a free trial period. If you become a paid subscriber before the free trial period is done, any unused portion of the trial period will be forfeited. We reserve the right to revise our credit system from time to time or as needed. Payments will be processed through the Google Play or iTunes app store from which you originally downloaded the application. Please review the applicable payment terms and conditions directly from the app stores; you are solely responsible for your compliance with such terms.
- Safety Exceptions to Confidentiality. The Company reserves the right to report to law enforcement and other appropriate state agencies if the Company has a reasonable suspicion that a child is suffering from emotional abuse, physical abuse or neglect, or if a coParenter Mediator has a reasonable suspicion that an identifiable person is a danger to himself or herself or to another. Safety is of the utmost importance and violence or threats will not be tolerated. The Company however, has no legal obligation to monitor communications on the Platform. If you receive threats from your co-parent or any other user of the Platform, or if you suspect your child is being harmed, you should report this to the appropriate authorities immediately.
- Attorney Fees and Costs. You expressly agree to pay any and all attorney’s fees and costs incurred by the Company or any of its officers, employees, agents or representatives, if you seek to compel any of them to testify, respond to discovery, authenticate communications or produce documentation.
- Digital Millennium Copyright Act. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). The Company will promptly terminate the accounts of users that are determined by the Company to be repeat infringers. If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact our Designated Agent at the following address:
ATTN: Legal Department (Copyright Notification)
12130 Millennium Dr. Suite 2-184 Los Angeles, CA 90094
Any notice alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must comply include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Platform;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Platform of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
17. Modification and Termination of the Platform. Company reserves the right to modify or discontinue, temporarily or permanently, the Platform at any time with or without notice to you. You agree that the Company shall not be liable for any modification or discontinuance of the Platform. The Company will make reasonable efforts to notify users of any discontinuance of the Platform and enable download of your information from the Platform.
18. Modification of these Terms. The Company reserves the right to modify these terms on a going-forward basis at any time upon notice. Please check these Terms periodically for changes. If a change to these Terms materially affects your rights under these Terms, we may require you to accept the new Terms prior to continuing to access or use the Platform. Continued use of the Platform will indicate acceptance of the new terms and conditions. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
19. Term; Termination. These Terms are effective beginning when you accept the Terms or first access or use the Platform, and ending when terminated as described in this Section. If you violate any provision of these Terms, your authorization to use the Platform automatically terminates. The Company may, in its sole discretion, terminate these Terms and/or your account on the Platform, or suspend or terminate your access to the Platform at any time for any reason or no reason. If your account is terminated, you acknowledge that the Company may immediately delete data and files in your account and bar any further access to such files or the Platform. Upon termination of these Terms, you must cease all use of the Platform and Sections 8, 9, 10, 20,21, 22, 23, and 25 will survive.
20. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Platform, and you will defend and indemnify the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
21. Disclaimer of Warranties. Although it is our goal to provide you with a reliable, quality system, we experience system failure from time to time. Accordingly, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE PLATFORM WILL MEET ANY USER’S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTY REGARDING ANY INFORMATION OBTAINED THROUGH THE PLATFORMS OR FROM COPARETING PROFESSIONALS ON THE PLATFORM, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY (INCLUDING FROM ANY COPARENTING PROFESSIONAL) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE LIMITATONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW; THE COMPANY DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT IT IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
22. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) RESULTING FROM THE USE OF OR THE INABILITY TO USE THE PLATFORM OR ANY CONTENT OR MATERIALS ON THE PLATFORM, INCLUDING ANY ADVICE OR INFORMATION RECEIVED FROM A COPARENTING PROFESSIONAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE PLATFORM IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
23. Dispute Resolution and Arbitration
a. Generally. In the interest of resolving disputes between you and the Company in the most expedient and cost effective manner, and except as described in Section 23.b, you and the Company agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. Exceptions. Despite the provisions of Section 23.a, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and the Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). The Company’s address for Notice is: Hyphenus, Inc.,12130 Millennium Dr. Suite 2-184 Los Angeles, CA 90094. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or the Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or the Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by the Company in settlement of the dispute prior to the award, the Company will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
e. Fees. If you commence arbitration in accordance with these Terms, the Company will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, USA, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
f. No Class Actions. YOU AND THE COMPANY 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 the Company 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.
g. Modifications to this Arbitration Provision. If the Company makes any future change to this arbitration provision, other than a change to the Company’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to the Company’s address for Notice of Arbitration, in which case your account with the Company will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
h. Enforceability. If Section 23.f is found to be unenforceable or if the entirety of this Section 23 is found to be unenforceable, then the entirety of this Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 25.b will govern any action arising out of or related to these Terms.
24. Third Party Agreements. You acknowledge and agree that these Terms are between you and the Company, not with any third party (including, but not limited to, Apple®, Google®, or any mobile carrier), and that the Company is solely responsible for the Platform. Your use of the Platform may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service. You are responsible for ensuring your use of the Platform is in compliance with all applicable third party terms. If you are using our mobile application on an iOS device, then you acknowledge that Apple is not responsible for the Platform or the content thereof and Apple has no obligation to furnish any maintenance and support services with respect to the Platform. If the Platform fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Platform. Apple is not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including: (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby 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.
b. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and the Company submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for resolution of any lawsuit or court proceeding permitted under these Terms.
d. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform.
e. No Support. We are under no obligation to provide support for the Platform. In instances where we may offer support, the support will be subject to published policies.
f. International Use. The Platform is intended for visitors located within the United States and Canada. We make no representation that the Platform is appropriate or available for use outside of the United States and Canada. Access to the Platform from countries or territories or by individuals where such access is illegal is prohibited.