PRIVACY POLICY

01. SCOPE

This Privacy Policy (“Policy”)describes how TWG AI, LLC, its subsidiaries and affiliates (collectively, “TWG.AI,”“we,” or “us”) treats personal information that we collect offline and through our websites, mobile applications, and other online platforms where this Policy is located (collectively, our “Platform”). This Policy does not apply to our collection of employment-related information.

02. NOTICE AT COLLECTION

We collect information from you and about you. Here are some examples of the information we may collect, how we may use it, how we may disclose it and whether we share it for cross-contextual advertising purposes (“sharing”) or sell it. Below this NoticeAt Collection, you will find more detailed descriptions of how we may collect, use and disclose personal information.

Contact Information. This may include your name, mailing or billing address, email address, phone number, signature, physical characteristics or description.
- How We May Collect It : Directly from you; passively or from third parties.
- How We May Use It: To run and improve our business, including ourPlatform; to communicate with you; to understand your interests; to determine your eligibility; for marketing purposes; to combine information; for security purposes; as otherwise permitted by law or as we may notify you; as requested or directed by you.
- How We May Disclose It: Internally; on ourPlatform; with our service providers; with our business partners; with any successors to all or part of our business; to comply with the law or to protect ourselves; for other reasons we may describe to you; as requested or directed by you.
- We do not “share” or “sell” this information.
Commercial information. This may include information that could identify you and relates to the services in which you are interested or have considered. We may also collect personal information about your consuming history or tendencies.
- How We May Collect It: Directly from you; passively or from third parties.
- How We May Use It: To run and improve our business, including ourPlatform; to communicate with you; to understand your interests; to determine your eligibility; for marketing purposes; to combine information; for security purposes; as otherwise permitted by law or as we may notify you; as requested or directed by you.
- How We May Disclose It: Internally; on ourPlatform; with our service providers; with our business partners; with any successors to all or part of our business; to comply with the law or to protect ourselves; for other reasons we may describe to you; as requested or directed by you.
- We do not “share” or “sell” this information.
Internet or other similar network activity. This may include unique personal identifier, online identifier,IP address, device identifier, browsing history, search history, and information regarding interaction with an Internet website, application, or advertisement. This may also include information about the browser you are using or what site you came from and what site you visit when you leave us.
- How We May Collect It: Directly from you; passively or from third parties.
- How We May Use It: To run and improve our business, including our Platform; to communicate with you; to understand your interests; to determine your eligibility; for marketing purposes; to combine information; for security purposes; as otherwise permitted by law or as we may notify you; as requested or directed by you.
- How We May Disclose It: Internally; on our Platform; with our service providers; with our business partners; with any successors to all or part of our business; to comply with the law or to protect ourselves; for other reasons we may describe to you; as requested or directed by you.
- We do not “share” or “sell” this information.
Professional information. This may include your current or past job history, title, employer, salary information or professional contact information.
- How We May Collect It: Directly from you; passively or from third parties.
- How We May Use It: To run and improve our business, including our Platform; to communicate with you; to understand your interests; to determine your eligibility; for marketing purposes; to combine information; for security purposes; as otherwise permitted by law or as we may notify you; as requested or directed by you.
- How We May Disclose It: Internally; on ourPlatform; with our service providers; with our business partners; with any successors to all or part of our business; to comply with the law or to protect ourselves; for other reasons we may describe to you; as requested or directed by you.
- We do not “share” or “sell” this information.
Education information. This may include information about institutions you have attended, your grades and degrees awarded.
- How We May Collect It: Directly from you; passively or from third parties.
- How We May Use It: To run and improve our business, including our Platform; to communicate with you; to understand your interests; to determine your eligibility; for marketing purposes; to combine information; for security purposes; as otherwise permitted by law or as we may notify you; as requested or directed by you.
- How We May Disclose It: Internally; on our Platform; with our service providers; with our business partners; with any successors to all or part of our business; to comply with the law or to protect ourselves; for other reasons we may describe to you; as requested or directed by you.
- We do not “share” or “sell” this information.
Other information you submit or post. We may collect information when you submit such information directly to us. For example, we may collect information included in messages through the “Contact Us” page on our Platform. We may also collect information submitted into our artificial intelligence products or services, or similar features on our Platform.
- How We May Collect It: Directly from you.
- How We May Use It: To run and improve our business, including our Platform; to communicate with you; to understand your interests; to determine your eligibility; for marketing purposes; to combine information; for security purposes; as otherwise permitted by law or as we may notify you; as requested or directed by you.
- How We May Disclose It: Internally; on ourPlatform; with our service providers; with our business partners; with any successors to all or part of our business; to comply with the law or to protect our selves; for other reasons we may describe to you; as requested or directed by you.
- We do not “share” or “sell” this information.
Inferences drawn from other personal information. This may include a profile relating to your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitude.
- How We May Collect It: Directly from you; passively or from third parties.
- How We May Use It: To run and improve our business, including our Platform; to communicate with you; to understand your interests; to determine your eligibility; for marketing purposes; to combine information; for security purposes; as otherwise permitted by law or as we may notify you; as requested or directed by you.
- How We May Disclose It: Internally; on ourPlatform; with our service providers; with our business partners; with any successors to all or part of our business; to comply with the law or to protect ourselves; for other reasons we may describe to you; as requested or directed by you.
- We do not “share” or “sell” this information.

Our Personal Information Retention Criteria: The California Consumer PrivacyAct, as amended by the California Privacy Rights Act (collectively, “CCPA”)requires that we disclose the criteria we use to determine how long we will retain each category of personal information we collect. Oftentimes, our records contain several of these categories of personal information combined together and therefore we consider, on a case-by-case basis, a number off actors to assess how long personal information is retained. These factors include what personal information is reasonably necessary to (i) provide our products and services or administer our relationship with an individual; (ii)protect our business, employees, organization and others; (iii) fulfill our legal and regulatory obligations; and (iv) investigate and address issues which may include safety concerns, potential security incidents or policy violations.

03. HOW WE MAY COLLECT YOUR PERSONAL INFORMATION

We may collect your personal information in different ways. Below, you will find additional detail sand examples regarding how we may collect your personal information.

Directly From You. For example:
- Register for an account.
- Purchase our products and services.
- Submit an inquiry or other information to us.
- Sign-up for one of our events.
- Request a product demonstration.
- Complete an online form.
- Contact our sales or support team.
- Interact with our social media pages.
- Otherwise engage with us.
Passively. For example, when you visit and navigate our Platform on any device. We may also collect information about users over time and across different websites and devices when you use the Platform. We may use tools such as analytics cookies, including cookies run by third parties, to collect this information.
From Third Parties. We may receive information about you from other sources. For example, this may include receiving information from:
- Our business partners, including analytics vendors and advertising networks .
- Social media sites, including Facebook, LinkedIn, TikTok, Twitter, YouTube, Pinterest, Snapchat and Instagram.
- Your contacts who provide your information to us because they think you may be interested in our products and services or they want to share a product or service with you.
- Companies that provide information to supplement what we already know about you, including data aggregators. Certain third parties may link your name and email address to other information they have collected. This might include online usage information.

04. HOW WE MAY USE YOUR PERSONAL INFORMATION

Here are more details and examples regarding how we may use your personal information:

To Run and Improve Our Business. We may use your information to make our Platform and our products and services better. This may also include using your information for business administration purposes, such as for accounting, record keeping, legal, backup and other administrative purposes.
To Communicate With You. This may include responding to your feedback or providing customer support. It may also include responding to your inquiries and questions. We may communicate with you about your account or our relationship. We may also contact you about this Policy or our Platform terms and conditions.
To Understand Your Interests. This may include understanding what products and services may be of interest to you. This may also include customizing your experience with us.
To Determine Your Eligibility. This may include evaluating your eligibility for our products and services.
For Marketing Purposes. We may provide you with information about our company and our business initiatives. This includes using your information to personalize your experience on our Platform and with our products. For more information about your choices related to these communications, see the Choices section below.
To CombineInformation. For example, we may combine information that we collect offline with information we collect through our Platform. We may also combine information we collect about you from the different devices you use to access our Platform.
For Security Purposes. This could include protecting our company and consumers who use our products and services. It may also include protecting our Platform.
As Otherwise Permitted By Law or As We May Notify You.
As Requested or Directed By You.

05. HOW WE MAY DISCLOSE YOUR PERSONAL INFORMATION

Here are more details and examples regarding how we may disclose your personal information:

Internally. We may disclose your information to our parent, subsidiary, and affiliate entities.
On Our Platform. For example, we may disclose your information on our Platform or on our social media sites.
With Our Service Providers. We may disclose your information with third parties who perform services on our behalf. For example, this may include companies that send emails on our behalf or help us run our Platform.
With Our Business Partners. For example, we may also disclose personal information with social media sites, advertisers, media buying agencies, advertising networks and advertising service providers for the purposes described in this Policy. We may also disclose personal information with companies that help us learn more about our customers.
With Any Successors to All or Part of Our Business. For example, if we merge with, are acquired by, or sell part of our business to another entity. This may include an asset sale, corporate reorganization or other change of control.
To Comply With the Law or To Protect Ourselves. For example, this could include responding to a court order or subpoena. It could also include sharing information if a government agency or investigatory body requests. We might disclose information when we are investigating a potential fraud.
For Other Reasons We May Describe to You.
As Requested or Directed By You.

06. YOUR PRIVACY RIGHTS

Based on your state or country of residence, you may have the rights listed below with respect to the personal information that we maintain about you. We may take steps to verify your identity, as permitted or required under applicable law, before we process your request. Verification may include asking you to provide information about yourself that we can match against information already in our possession.

Please note that we do not knowingly sell or share the personal information of consumers under 16 years.

Notice. This means that you can request that we disclose what personal information we have collected about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we have disclosed personal information, and the specific pieces of personal information we have collected about the consumer.
Transfer. This means that you may request the transfer of your personal information to a third party.
Deletion. This means that you can request that we delete personal information about you which we have collected from you.
Correction. This means that you can request that we correct inaccurate personal information that we maintain about you.
Object. This means that you can object to the processing of your personal information where you feel it impacts your fundamental rights and freedoms.
Limit. This means that you may ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have submitted an objection request that we have not yet processed.
Opt-Out of Sale of Personal Information. If you would like to opt out of allowing us to “sell” your personal information, please follow the instructions below. As of the date of this policy, we do not, and for the past 12-months have not, “sold” personal information.
Opt-Out of Sharing of Personal Information. You may have the right to opt out of sharing of personal information with third parties for cross contextual marketing purposes. As of the date of this policy, however, we do not, and for the past12-months have not, “shared” personal information for cross-contextual marketing purposes.
Limit the Use or Disclosure of Sensitive Personal Information. Some laws classify certain personal information as sensitive personal information. If you are a California resident, you may have the right to request that we limit the use or disclosure of this sensitive personal information. In certain states, if you gave us consent to process this sensitive personal information, you may have the right to revoke this consent. If you submit a request, please note that this does not impact how we use or disclose your sensitive personal information prior to processing your request. We do not collect or process sensitive personal information as that term is defined under applicable law.
Right toNon-Discrimination. This means that we are prohibited from discriminating against you if you exercise your rights under applicable law.

If you wish to exercise your rights under this section, you can contact us at privacy@twg.ai. Please include your name, email address, and state of residence, and indicate you are making a “Privacy Rights” request. If we deny your rights request and you would like to appeal, you may contact us at privacy@twg.ai.

Agents. Agents that you have authorized to act on your behalf may also submit privacy requests as instructed above. The agent must also provide evidence that they have your written permission to submit a request on your behalf. If we are unable to verify the authenticity of a request, we may ask you for more information or may deny the request.

AdditionalInformation for California Residents. If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us an email at privacy@twg.ai. Indicate in your email or letter that you are a California resident making a “California Shine the Light”inquiry. Note that this section does not apply to personal information that we collect for or on behalf of our business customers in connection with our provision of our products and services to those customers. If you have questions about the privacy practices of our customers or wish to exercise your privacy rights with respect to the personal information that we collect on their behalf, please contact them directly.

Supervisory Authorities. Should you wish to report a complaint or if you feel that we have not addressed your concern in a satisfactory manner, you may contact the supervisory authority of your country. For a list of EU supervisory authorities, please refer here. If you live in the United Kingdom, you may contact the Information Commissioner’s Office here.

07. NOTICE OF FINANCIAL INCENTIVES

We may offer various financial incentives in relation to our products and services. For example, we may provide discounts, coupons and other benefits for customers who join our loyalty program or signup for a coupon. When you participate in a financial incentive, we collect personal information from you. You have the ability to opt out of the financial incentive, or our subsequent use of your personal information in connection with a financial incentive, at any time by contacting us at privacy@twg.ai. The value of your personal information is reasonably related to the value of the offer or discount presented to you. In some instances, or for some programs, we may provide you with additional terms or conditions relating to a financial incentive.

08. CHILDREN UNDER 18

The Platform where this Policy is located is meant for adults. We do not knowingly collect personally identifiable data from persons under the age of 18 and strive to comply with the provisions of COPPA (The Children’s Online PrivacyProtection Act). If you are a parent or legal guardian and think your child under 18 has provided us with information, please contact us at privacy@twg.ai.You can also write to us at the address listed at the end of this websitePolicy. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children’s privacy on-line here.

09. COOKIES AND ELECTRONIC COMMUNICATIONS

You have certain choices about how we collect, use and disclose your information in connection with our use of cookies and our provision of electronic communications. Certain choices you make are browser and device specific.

Cookies & Other Tracking Technologies:

Cookies: You can adjust your browser to control cookies to require your affirmative acceptance for new cookies, automatically reject cookies and/or delete or disable existing cookies. How you do so depends on the type of cookie and the browser that you are using. For more information on how to control browser cookies, click here. If information about your browser is not available through this page, please search your browser for instructions about how to opt-out of cookie collection.
Flash Cookies: You may need to take an additional action to manage flash cookies, which you can learn more about here. Why? Because flash cookies cannot be controlled through your browser settings.
Google Analytics: We may use Google Analytics on our Platform to help us understand how you use our Platform. You can learn about how to opt-out of Google Analytics here.
Email Tools: You can also change your email settings to block the automatic download of images in email messages, as such images may contain technologies that help us understand how you interact with the message.
Note that deleting or blocking cookies may impact your experience on our website, as some features may not be available. Certain options you select are browser and device specific.

Our Do Not Track Policy: Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to “do not track” signals. If you block cookies, certain features on our sites may not work. If you block or reject cookies, not all of the tracking described here will stop.

Marketing Communications:

You can opt out of receiving our marketing communications, which we may send by email or text message. Note that you will still receive transactional messages from us, including information about your account and responses to your inquiries.

SMS Messages:

If you sign up to receive text message updates, or contact us by text message, we may send youSMS messages. Note that message and data rates may apply. The frequency of messages may vary and depend on your engagement or inquiry. You may reply“HELP” if you need assistance of “STOP” to stop receiving SMS messages. If you opt out, we may send you a confirmation SMS message to acknowledge your request. We do not sell or share phone numbers to third parties for their own marketing purposes.

10. SECURITY

The Internet is not 100% secure. We cannot promise that your use of our Platform will be completely safe. We encourage you to use caution when using the Internet. We use reasonable means to safeguard personal information under our control. A username and a password may be needed to access certain areas of our Platform.It is your responsibility to protect your username and password.

11. STORAGE OF INFORMATION

Information we maintain may be stored in or outside of the United States. If you live outside of the United States, you understand and agree that we may transfer your personal information to the United States. This Platform is subject to the laws of the United States, which may not provide the same level of protections as those in your own country. Personal information processed and stored in another country, including the United States, may be subject to disclosure or access requests by the governments, courts or law enforcement or regulatory agencies in that country according to its laws. By using our Platform or by providing us with personal information, you consent to any such transfer of information outside of your country.

We will retain personal information based on several factors, including is reasonably necessary to (i) provide our products and services or administer our relationship with a consumer; (ii) protect our business, employees, organization, and others; (iii) fulfill our legal and regulatory obligations; and (iv) investigate and address issues which may include safety concerns, potential security incidents or policy violations.

12. LINKS

Our Platform may contain links to other third-party sites that are not governed by this Policy.If you click on a link to a third-party site, you will be taken to a site we do not control. We are not responsible for these third-party sites or their privacy practices. We suggest that you read the privacy policies of those sites carefully.

13. HOW TO CONTACT US

If you have any questions, comments or concerns with respect to our privacy practices or thisPolicy, or wish to update your information, please feel free to contact us at privacy@twg.ai.

14. CHANGES IN POLICY

From time to time, we may change our Policy. We will notify you of any material changes to our Policy as required by law. We will also post an updated copy on our Platform. Please check our Platform periodically for updates.

Terms of Use

Your use of the websites, mobile sites and mobile applications on which these terms reside (collectively, the “Site”), and the features at this Site are subject to these Terms of Use (the “Terms”), which we may update from time to time. Please read these Terms carefully before using this Site. The Site is owned or controlled by TWG AI, LLC (“Company”). This Site is intended for and applicable only for users age 18 or older. If you are under 18 years of age, you may not use this Site.

INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER: THESE TERMS CONTAIN AN INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. BY AGREEING TOTHE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, CAREFULLY CONSIDERED,AND UNDERSTAND ALL OF THE PROVISIONS OF THE INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, AND THAT YOU EXPRESSLY AGREE TO BE BOUND THEREBY.

Please read these Terms carefully because they govern your access to and use of the Site and set forth legally binding terms applicable to your use of our features made available through the Site. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SITE.

Except as otherwise provided herein, Company may amend these Terms from time to time. Company will provide 30 days-notice of any amendment by commercially reasonable means, including email. It is your duty to keep the email address you provide to Company current, and to promptly notify Company of any changes to your email address, so that you may receive any notices Company sends to you regarding amendments to these Terms.

You may opt out of any amendment by contacting privacy@twg.ai before the effective date of the amendment. Company reserves the right to terminate its relationship with you if you refuse to accept any amendment. Your continued use of this Site after the effective date of an amendment constitutes your agreement to those changes. Unless you expressly agree to an amendment, the amendment shall not be retroactive to conduct that occurred prior to the effective date of the amendment.

Company may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Company will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

01. Your Account

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site or any features at all. If the Site requires you to create an account or otherwise submit information, you agree that you will provide accurate and complete information for your user account; that you will not impersonate a third party in your communications with Company; that you will only submit information about yourself; and that you will otherwise comply with these Terms, including the Posting Policy section of these Terms. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You may not authorize any other person or entity to use your account or to access restricted or protected content or features available at the Company Site.Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.

You are solely responsible for the activity that occurs on your account, including all transactions and other activities undertaken with your device and any stored payment card, whether authorized or unauthorized. You must keep your user account, username, and password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Company shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Site.

You understand that you have no ownership rights in your account or other access to the Site or features therein. Company may terminate your access to the Site, cancel your account and/or delete all information associated with your account, including any materials you may have submitted to Company, at any time, and without notice, for any reason, including if Company deems that you have violated these Terms, the law, or for any other reason. Company assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.

02. Use of the Site Account

While using the Site, you agree not to engage in (or allow any third party to engage in) any of the following prohibited activities:

you will not use any electronic communicationfeature of the Site for any purpose that is unlawful, tortious, abusive,intrusive on another's privacy, harassing, libelous, defamatory, embarrassing,obscene, threatening, or hateful;
you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
you will not collect or store personal data about other users;
you will not use the Site for any commercial purpose not expressly approved by Company in writing;
you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication;
you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
use, display, mirror or frame the Site, any individual element within the Site, orCompany’s name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
create a database by systematically downloading and storing user content or Company Content from the Site;
forward any data generated through the Site without the prior written consent of Company;
access the Site by any means other than through the interface provided by Company and as otherwise expressly authorized under these Terms of Service;
access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of our providers or any other third party (including another user) to protect the Site;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any user content transmitted through the Site;
attempt to access or search the Site or scrape or download user content, Company Content, or other data or content from the Site, or otherwise transmit content to, or create new links, reposts, or referrals in the Site through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software or search agents provided by Company;
send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
use any meta tags or other hidden text or metadata utilizing the Site or company’s trademark, logo, or URL without Company’s express written consent;
copy, modify, create derivative works from, decipher, decompile, disassemble, reverse engineer, reverse assemble, or otherwise attempt to discover any source code for any of the software of the Site or any Company Content, or attempt to do any of the foregoing;
interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing theSite;
reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Site (including your account) or your access to or use of theSite;
disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects the ability of other users to engage in real-time exchanges;
stalk or otherwise harass another person or entity;
impersonate or misrepresent your affiliation with any person or entity;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.

03. Personal Information

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection, use and sharing practices.

04. Company Content Information

Content on this Site that is provided by Company or its licensors, including data, graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Company Content”) is the property of Company and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any Company Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company's or its licensor's property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any CompanyContent or third party content that appears on this Site.

05. PostingPolicy

From time to time on certain areas of our Site you may be able tosubmit photos, written posts and certain other materials (“Your Data”). By using these features, you agree that you will not:

post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Company;
post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential;
impersonate any person or organization, including the personnel of Company, or misrepresent an affiliation with another person or organization;
post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site.
provide false or misleading user content (whether intentionally, negligently, or otherwise);

You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Site or features therein. Company may cancel your account and delete all Your Data associated with your account at any time, and without notice, if Company deems that you have violated these Terms, the law, or for any other reason. Company assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.

By providing, displaying, publishing, or otherwise posting any Your Data on or through the Site, you hereby grant to Company a perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), transferable, worldwide, fully-paid, royalty free license, in all fields of use, under any and all rights (including all patent, trade secret, copyright and other intellectual property rights) in and with respect to Your Data or any portion thereof, including all rights to make, have made, import, use, offer for sale, sell, copy, modify, create derivative works, publicly perform, publicly display, distribute and otherwise commercially exploit Your Data or any portion thereof.This license includes the right to host, index, cache, distribute, and tag anyYour Data. You continue to retain all ownership rights in your Your Data, and you continue to have the right to use your Your Data in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

06. Third Party Websites

This Site may hyperlink to sites not maintained by or related toCompany. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Company, and Company makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from this Site is subject to the terms of that site’s privacy policy, and Company has no control over how your information is collected, used, or otherwise handled.

07. Additional Terms

You understand that certain offers, products, services, programs and features that may be available on the Site may be subject to additional specific terms and conditions (“Additional Terms”).This may include loyalty programs, contests, sweepstakes, or other promotions. In the event of any conflict between these Terms and any such specific terms and conditions, the AdditionalTerms will control.

08. Transactions and Product Availability

Through the Site, you may be able to order and/or pay for Company products or services. To be able to order and pay for such products or services, you must supply certain information relevant to your transaction, including your creditor debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, your billing address, and your shipping address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company and/or the any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

Companymay permit you, through the Site, to order products or services (collectively“Products or Services”). All descriptions, images, features, specifications,products, and prices of Products or Services are subject to change at any timewithout notice. The inclusion of any Products or Services on the Site does notimply or warrant that these Products or Services will be available. Company reserves the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product or Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from a king or completing any or all transactions; and (iv) refuse to provide you with any Product or Service. You agree to pay all charges incurred by you, on your behalf, or by your account through the Site, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.

ANY PRODUCTS OR SERVICES DESCRIBED ON THE SITE ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOTAN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TOMAKE A SOLICITATION.

You understand and agree that you are charged at the time you place your order for Products or Services. You further understand and agree that the transaction for the purchase of Products orServices is final and complete at the time you are charged. Once an order is placed, changes cannot be made to the order. After you have submitted your order on the Site or you have otherwise directed Company to begin preparation of your order by means designated by Company and communicated to you in Company’s sole discretion, you may not cancel your order. Company may restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address.

Despite Company’s best efforts, occasional pricing and other errors may occur on the Site. Access to the Site does not constitute the right to purchase products featured. Company is not responsible for typographical, pricing or other errors. Company reserves the right to revise pricing and other errors and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. If your credit card has already been charged for the purchase and your order is cancelled, Company will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Company reserves the right to limit quantities of products purchased.

09. Indemnification

You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including this Posting Policy, or any violations thereof by your dependents or which arises from the use of Your Data you submitted, posted, or otherwise provided to Company or this Site.

10. Representations, and Limitations of Liability

Company makes no representations about the reliability of the features of this Site, the Content, Your Data, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Except as otherwise in our Privacy Policy with respect to personal information, Company makes no representations regarding the amount of time that any Content or YourData will be preserved.

Company does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any Your Data. You shall not create or distribute information, including advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company.

THIS SITE IS PROVIDED ON AN “ASIS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TOTHIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. NO WARRANTIES ARE MADEBY THE COMPANY WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE THEREOF. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE (WHERE PERMITTED BY LAW), SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT,DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING A NEGLIGENT ACT, WILL COMPANY ORITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO THE EXTENT NOT PERMITTED BY APPLICABLE LAWS. FOR EXAMPLE, THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

11. Jurisdiction and Venue and Governing Law

Except as provided herein, and to the fullest extent permitted under applicable law, jurisdiction and venue of any matter or Dispute (defined below) not subject to arbitration shall reside exclusively in a state or federal court sitting in Delaware.

Except as provided herein, and to the fullest extent permitted under applicable law, these Terms are to be construed in accordance with and governed by the laws of the State of Delaware, without regard to its choice of law principles, except that, as applicable, the Federal Arbitration Act (“FAA”) shall govern the arbitration and Individual Arbitration Agreement without giving effect to any state law to the contrary.

Notwithstanding anything to the contrary herein, residents of a state with a law providing that agreements requiring resolution of claims or Disputes outside of that state are void, unlawful, or unenforceable, shall be entitled to pursue resolution of claims and Disputes within the state in which they reside, to the extent required under that state’s law. For such claims and Disputes brought in such other tate, to the extent allowed by that state’s law, all other terms of theIndividual Arbitration Agreement and Class Action Waiver shall apply to such claim or Dispute, including the mutual obligation to arbitrate and/or litigate claims and Disputes on an individual basis.

12. Miscellaneous

Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other.

The failure or delay of Company to comply with these Terms because of an act of God, war, fire, riot, terrorism, labor disputes difficulties, civild is order, earthquake, insurrection, adverse weather, curtailment of a source of supply or transportation facilities, disaster, disease, declared state of emergency, plague, quarantine or restriction, epidemic or pandemic, catastrophe, actions of federal, state, or local governmental authorities barring or restricting the Company’s business activities, or for any other event or circumstance beyond the reasonable control of Company, whether foreseeable or unforeseeable, that materially hinders Company’s timely performance shall not be deemed a breach of these Terms. Company shall exercise commercially reasonable efforts after the event to overcome its effects in order to resume performance.

If Company fails to act with respect to your breach or anyone else's breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches.

As used herein, the word “including” or any variation thereof means(unless the context of its usage otherwise requires) “including, without limitation” and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.

If any provision of the Terms, in its current form or as may be amended, is found to be invalid or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed, and the remaining terms and provisions shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible. This provision shall survive the expiration or cancellation of the Terms for any reason.

These Terms constitute a binding agreement between you and Company. These Terms constitute the entire agreement between you and Company regarding the use of the Site and your account.

Binding Individual Arbitration Agreement (the “Individual Arbitration Agreement”)

This Individual Arbitration Agreement will survive termination of the Terms.

Although the Terms are made and entered into between you and Company, Company’s affiliates, owners, members, managers, directors, and employees (the “RelatedParties”) are intended third-party beneficiaries of the Terms for purposes of the provisions of the Terms referring specifically to them, including theIndividual Arbitration Agreement. You, Company, and the Related Parties (each, together with, as applicable, each of the Related Parties, a “Party” and collectively, the “Parties”) acknowledge that nothing contained herein is intended to create any involvement by, responsibility of, or liability for, theRelated Parties with respect to any dealings between you on the one hand andCompany on the other hand, and the Parties further acknowledge that nothing contained herein shall be argued by any of them to constitute any waiver by theRelated Parties of any defense that Related Parties may otherwise have concerning whether they can properly be made a Party to any Dispute between the other Parties.

THIS PROVISION AFFECTS HOW CLAIMS YOU MAY HAVE AGAINST COMPANY OR THE RELATED PARTIES, OR CLAIMS COMPANY OR THE RELATED PARTIES MAY HAVE AGAINST YOU, WILL BE RESOLVED. YOU UNDERSTAND AND AGREE THAT THE INDIVIDUAL ARBITRATION AGREEMENT OPERATES AS A SEPARATE AND DISTINCT AGREEMENT THAT IS SEVERABLE FROM THE REMAINDER OF THE AGREEMENT AND IS ENFORCEABLE REGARDLESS OF THE ENFORCEABILITY OF ANY OTHER PROVISION OF THE AGREEMENT OR THE AGREEMENT AS A WHOLE. CONSIDERATION FOR THIS INDIVIDUAL ARBITRATION AGREEMENT INCLUDES THE PARTIES’ MUTUAL AGREEMENT TO ARBITRATE DISPUTES. THE PARTIES FURTHER UNDERSTAND AND AGREE THAT THE UNENFORCEABILITY OF THE AGREEMENT IN WHOLE OR INPART SHALL NOT SUPPORT A FINDING THAT THE INDIVIDUAL ARBITRATION AGREEMENT INTHIS CHAPTER IS UNENFORCEABLE.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO PROMOTE TO THE FULLEST EXTENT REASONABLY POSSIBLE A MUTUALLY AMICABLE RESOLUTION OF DISPUTES IN A TIMELY, EFFICIENT, AND COST-EFFECTIVE MANNER, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY OR ANY COURT.

Except as otherwise provided herein, any controversy, claim or dispute between you, on the one hand, and Company and/or the Related Parties, on the other, arising out of or relating to the Terms, the Site, use of the Site, or the Privacy Policy, whether such claim is based on rights, privileges or interests recognized by or based upon statute, contract, tort, common law or otherwise (“Dispute”), shall be settled through binding arbitration as provided in this IndividualArbitration Agreement.

Except as provided herein, the arbitrator(s) shall have the exclusive power to determine and rule upon challenges to the arbitrator’s jurisdiction to preside over the Dispute, including any objections with respect to the existence, scope, or validity of this Individual Arbitration Agreement and/or to the arbitrability of any Dispute.

Expect as provided herein, and unless the laws of the state or province in which youre side expressly require otherwise, all Disputes shall be submitted for resolution to binding arbitration in New York in accordance with the rules of the Judicial Arbitration and Media Services (JAMS) and this IndividualArbitration Agreement, with the Individual Arbitration Agreement controlling in the event of any conflict. The JAMS rules and procedures are available at jamsadr.com.

Notwithstanding the rules of JAMS, the following will apply to all arbitrations:

The Governing Law provision of the Terms applies.
The Parties agree that time is of the essence.
The arbitration will be conducted in English (with appropriate translators as may be necessary).
The Federal Rules ofEvidence will apply in all cases.
The Parties will be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure.
The Parties will be allotted equal time to present their respective cases, including cross-examinations.
The decision of the arbitrator will be final and binding on the Parties and may, if necessary, be reduced to a judgment in a court of competent jurisdiction, except that a Party may choose to appeal certain arbitration awards as described below. Any motion or action to confirm, vacate, modify, or otherwise enter judgment on the award shall comply with the Jurisdiction and Venue and Governing Law provision of theTerms. Further, to the fullest extent allowed by law, any Party seeking to enforce an award of an arbitrator(s) shall submit the award under seal to maintain protections of confidential information, and the Parties hereby agree and consent to the filing of such a submission, motion, or order under seal.
The arbitrator(s) will have no authority to award punitive damages, except where an applicable law or statute expressly require otherwise.

In addition to the foregoing and notwithstanding the rules of JAMS, certain procedures will apply depending on the amount in controversy. For Disputes in which the amount in controversy is less than $1,000,000.00 (one million dollars), the following procedures will apply absent mutual written agreement of the Parties to the contrary:

The arbitration will occur within 180 days from the date on which the arbitrator is appointed and will last no more than five business days.
There will be one arbitrator selected from the panel provided by JAMS, using the JAMS rules for arbitrator selection.
The arbitrator shall institute discovery consistent with the goals of arbitration.Discovery and disclosure of information will be conducted under the rules provided by JAMS to achieve the usual goals of arbitration, including cost effective and efficient resolution of disputes between Parties, but in no event shall, the Parties be entitled to discovery rights greater than provided by theFederal Rules of Civil Procedure.

For Disputes in which the amount in controversy is equal to or exceeds$1,000,000.00, the following procedures will apply absent mutual written agreement of the Parties to the contrary:

There will be three arbitrators selected from the panel provided by JAMS, using the JAMS rules for arbitrator selection.
The Parties will been titled to, and limited by, all discovery rights permitted by the FederalRules of Civil Procedure.
The Parties will been titled to appeal any arbitration award to an Appeal Panel under the JAMSOptional Arbitration Appeal Procedures. The Parties agree to request oral argument for any appeal filed under the Optional Arbitration Appeal Procedures

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES (INCLUDING THE RELATED PARTIES) AGREE THAT EACH PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM IN THAT PARTY’S INDIVIDUAL CAPACITY ONLY AND NOT AS A CLAIMANT, PLAINTIFF, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE JAMS RULES, THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO HEAR THE PARTIES’ DISPUTES ON A CLASS,COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE BASIS, AND, ACCORDINGLY, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S DISPUTES AND MAY NOT OTHERWISE PRESIDE OVER ANY PROCEEDING ON A NON-INDIVIDUAL BASIS EXCEPT WITH THE WRITTEN CONSENT OF ALL PARTIES TO AN ARBITRATION PROCEEDING.

TO THE EXTENT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY (SUCH AS REPRESENTATIVE OR INJUNCTIVE RELIEF), THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THAT CLAIM OR REMEDY(AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND MUST BE STAYED PENDING ARBITRATION OF THE ARBITRABLE CLAIMS AND REMEDIES. THE PARTIES FURTHER AGREE THAT IF SUCH STAYIS LIFTED, UNLESS PROHIBITED BY APPLICABLE LAW, SUCH CLAIMS SHALL BE LITIGATED IN ACCORDANCE WITH THE GOVERNING LAW, JURISDICTION AND VENUE PROVISION HEREIN.

TheParties understand and agree that Company has valuable trade secrets and confidential information. The Parties agree to take all necessary steps to protect from public disclosure of such trade secrets and confidential information in any proceeding pursuant to thisIndividual Arbitration Agreement.

Except as provided below, no Party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter has been submitted and determined as provided here, and then only for the enforcement of such arbitration award. Notwithstanding this Individual Arbitration Agreement ,any Party may apply to a court of competent jurisdiction as necessary to enforce an arbitration award, or to seek a temporary restraining order or temporary or preliminary injunction to ensure that the relief sought in arbitration is not rendered ineffectual during the pendency of, or after the rendition of, a decision in any arbitration proceeding. Furthermore, notwithstanding anything to the contrary herein, to the extent a Party contests the jurisdiction of a state or federal court to preside over claims for a temporary restraining order or temporary or preliminary injunctive relief as described above, the court in which such claim is made shall have exclusive jurisdiction to determine whether it has jurisdiction to preside over and rule upon a Party’s request for the court to issue a temporary restraining order or temporary or preliminary in junction. The institution of any action shall not constitute a waiver of the right or obligation of any Party to submit any claim seeking relief other than that provided in this paragraph to arbitration.

Other than your initial filing fees up to a maximum of $250, Company shall reimburse you for all filing, administration, and arbitrator fees associated with the arbitration proceedings commenced pursuant to the provisions of these Terms of Service. Notwithstanding the for going sentence, to the fullest extent permitted under applicable law, you shall be responsible for all additional fees and costs incurred in the arbitration, including your attorney and expert witness fees and costs.

Bellwether Arbitration Procedures: Notwithstanding any provision of the JAMS Rules, these bellwether procedures shall be used when more than 10 arbitration cases pending at the same time present substantially similar or overlapping allegations off act or law. Notwithstanding anything to the contrary provided herein, a court of competent jurisdiction, and not JAMSor an arbitrator, shall resolve any dispute over whether these bell wether procedures apply to any group of claims.

The Parties recognize and agree that a large number of arbitration cases with similar allegations will impose excessive transaction costs regardless of the cases’ merit or lack of merit. TheParties also recognize and agree that it is logistically difficult or impossible to arbitrate simultaneously large numbers of substantially similar cases. The Parties therefore agree to use bellwether litigation procedures similar to those that courts use in mass-tort cases, based on the judiciary’s experience that, after one or a few cases are tried to verdict, most or all of the other cases settle or otherwise resolve themselves.

The Parties thus agree that, to the maximum extent permitted by law, no more than10 cases/arbitrations will be active at any one time. All remaining cases will be stayed, with the statute of limitations tolled. TheParties understand and agree that if these bellwether arbitration procedures apply, then adjudication of the Dispute may be delayed. Unless the Dispute resolves in advance, and notwithstanding anything to the contrary herein, the arbitrator(s) shall render their final and binding decision in any Dispute subject to these bellwether procedures within 180 days of the initial pre-hearing conference.

As soon as one of the original active cases is resolved (by decision, settlement, or otherwise), a stayed arbitration shall replace it on the list of 10 active cases/arbitrations. Except as provided below, cases shall be placed on or moved to the active list in the order in which demands for arbitration are first received. Until a case is on or is moved to the list of 10 active cases, the sum any Party paid to initiate a case shall be refunded, and no Party shall have any obligation to pay any JAMS or arbitrator fees.

If you claim exceptional hardship from any delay pursuant to this bellwether procedure, you may petition Company to waive the 10-case limit for that case. If Company does not agree, you may petition JAMS to place the arbitration on the list of 10 active cases, on the ground that delay will impose exceptional hardship. If JAMS finds exceptional hardship and grants the petition, JAMS shall (based on its determination of relative hardship)remove one other case from the list of 10 active cases/arbitrations and place it at the head of the list of stayed cases. Under no circumstances shall JAMS place more than 10 cases/arbitrations into active status. If more than 10hardship applications are granted, JAMS shall determine which 10cases/arbitrations shall proceed first, based on its determination of relative hardship.

If you do not want to be subject to this Individual Arbitration Agreement, you may opt out by notifying Company in writing of your desire to opt out within thirty(30) days of your execution of the Individual Arbitration Agreement. Acceptable forms of notice include sending an email to hello@twg.ai or by sending a letter dated and signed by the you to the following address:

100 Wilshire Blvd, Suite 1325,
SantaMonica, CA 90401

Either email or letter must clearly state your name and the intent to opt out of thisIndividual Arbitration Agreement. Company reserves the right to terminate your account if you choose to opt out of the Individual Arbitration Agreement.

Not withstanding anything to the contrary in the Terms of Service, any amendment by Company to this Individual Arbitration Agreement shall take effect only upon your express agreement to such amendment. You may indicate agreement to such proposed amendment by following the instructions accompanying the proposed amendment. Company may terminate your account if you do not agree to a proposed amendment to the Individual Arbitration Agreement within thirty (30) days after notice of the amendment is provided. Any such amendment shall apply to all claims or other Disputes brought by theParties on or after the effective date of the amendment, regardless of the date of occurrence or accrual of any facts underlying such claims or Disputes.

If any provision of this Individual Arbitration Agreement, in its current form or as may be amended, is found to be invalid or unenforceable for any reason, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the IndividualArbitration Agreement will remain in full force and effect.

13. ClassAction Waiver:

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES (INCLUDING THE RELATED PARTIES) AGREE THAT EACH PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM IN THAT PARTY’S INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE,CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING, INCLUDING SUCH PROCEEDINGS BROUGHT IN FEDERAL OR STATE COURT.