TERMS OF SERVICE

Welcome to Top Finder®.  This Terms of Use Agreement (this “Agreement”), is a legal agreement between you, either individually or on behalf of your corporation, partnership, sole proprietor, or other business entity (“you” or “your”) and Top Finder. These Terms apply to your access to, and use of, the websites, widgets, and other online products and services (collectively, the “Services”) provided by Top Finder (“Top Finder,” “we” or “us”). By accessing or using the Services, you agree to be bound by these Terms and all the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services.

BY DOWNLOADING, INSTALLING, ACTIVATING OR OTHERWISE USING THE SERVICE, YOU ARE AGREEING THAT YOU HAVE READ, AND AGREE TO COMPLY WITH AND BE BOUND BY, THE TERMS OF THIS AGREEMENT IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION AS WELL AS Top Finder PAYMENT AND REFUND POLICIES AND ALL APPLICABLE LAWS AND REGULATIONS.

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes, we will notify you by revising the date at the top of these Terms and, in some cases, we may provide you with additional notice (such as adding a statement to our website’s homepage or sending you a notification). By continuing to access or use the Services, you confirm your acceptance of the revised Terms and all the terms incorporated therein by reference.

  1. Our Services

We provide a platform for individuals who access and use the Services (“Users”) to find and communicate with service professionals (“Professional”), including but not limited to lice treatment professionals and others as permitted on the Services.

2. Users

While we enable Users and Professionals to search for information and communicate with one another, we are not responsible for monitoring such information and communications, and we are not a party to transactions that may occur between Users and Professionals. in addition, Top Finder is not responsible for and we expressly disclaim all liability that may result from information made available by Users and Professionals and the conduct of Users and Professionals, whether online or offline. Top Finder does not make any warranties about the quality, timing or legality of the products or services Professionals provide. Additionally, we cannot and do not represent or warrant that any Professional is licensed, qualified, bonded, insured or capable of performing any product or service, and we make no representations or warranties about the suitability, reliability or accuracy of the products and services they provide.

  1. Additional Terms

Additional terms and policies (“Additional Terms”) may apply to specific portions of the Services. In the event Additional Terms apply to your use of the Services, we will provide notice of such terms and your continued use of the relevant portions of the Services will constitute your agreement to these Additional Terms. Unless indicated otherwise, if there is a conflict between these Terms and the Additional Terms, the Additional Terms will govern.

  1. Eligibility, Registration and Accounts

In order to access and use certain areas or features of the Services, you will need to register for a Top Finder account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update your account information as necessary, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.

You and your users shall keep any correspondence you receive relating to or through the use of the Service (including, but not limited to, your user-id, passwords, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party. You will be responsible and liable for all communications and actions that take place through the use of your user-ids, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent.

  1. License to Use Our Services and Content

Unless otherwise indicated by us, the Services and all content and other materials contained therein, including, without limitation, the Top Finder logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 10), other files and the selection and arrangement thereof (collectively, “Top Finder Content”) are the proprietary property of Top Finder, our licensors or users, as applicable, and are protected by U.S. and international copyright laws. The term Top Finder Content, as used in these Terms, does not include third-party trademarks, intellectual property or other content or material owned by third parties and not covered under a license with Top Finder or materials that are in the public domain.

You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable license to access and use the Services and Top Finder Content. However, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Top Finder Content therein; provided, however, that Professionals are permitted to use the Services for commercial purposes; (b) the collection and use of any product or service listings, pictures, or descriptions; (c) the distribution, public performance or public display of any Top Finder Content; (d) modifying or otherwise making any derivative uses of the Services or the Top Finder Content or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Top Finder Content or any information contained therein, except as expressly permitted on the Services; and (g) any use of the Services or the Top Finder Content other than for their intended purposes. Any use of the Services or Top Finder Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Top Finder or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

  1. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Services by, or terminating the accounts of, individuals who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent.

You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

  1. Trademarks

“Top Finder®,” is a registered trademark. “Top Finder®,” the Top Finder® logo and any other Top Finder® product or service names, logos or slogans that may appear on the Services are trademarks of Top Finder® and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Top Finder®” or any other name, trademark or product or service name of Top Finder® without our prior written permission. In addition, the look and feel of the Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Top Finder® and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Top Finder®.

  1. Hyperlinks

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services, provided that such link does not portray Top Finder or any of our Services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Top Finder logo or other proprietary graphic of Top Finder to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Top Finder® trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.

Top Finder makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein.

  1. Third Party Content

We may display content, including advertisements and promotions from third parties through the Services or may otherwise provide information about or links to third-party products or services (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness.

  1. Professional Content

The Services may include interactive features and areas that allow Top Finder and Professionals to create, post, share, upload, transmit, distribute, store or otherwise publish content, including, but not limited to project descriptions, blog content, Reviews (defined in Section 13), photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “Professional Content”). You understand that Professional Content is viewable by others using the Services. You agree that you are solely responsible for your Professional Content and for your use of such interactive features and areas of the Services, and that you use them at your own risk.

We do not approve, control or endorse Professional Content and we are not responsible or liable for any Professional Content on the Services. In addition to other disclaimers found in these Terms, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Professional Content posted on the Services. Although we have no obligation to screen, edit or monitor Professional Content, we reserve the right, and have absolute discretion to remove, screen or edit Professional Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Professional Content you post or store on the Services at your sole cost and expense.

  1. Account Access

Where use of the Service is contingent on you and your users accessing an “account” and/or inserting a “user-identification” and/or “password”, you agree that you will be solely responsible for the user-ids and passwords that are provided to you (as such passwords may be changed from time to time in accordance with the features of the Service) to log-in to the password protected Service. If non-authorized individuals have access to your systems or to your users’ user-id and password, they may be able to use the Service. You and your users shall keep any correspondence you receive relating to or through the use of the Service (including, but not limited to, your user-id, passwords, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party. You will be responsible and liable for all communications and actions that take place through the use of your user-ids, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent.

  1. Term; Termination; Suspension of Service

The term of this Agreement commences on your first use of the Service and continues through any subsequent use of the Service thereafter. Any unauthorized use of the Service will be deemed a material breach of this Agreement. Top Finder, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement or Top Finder’s then-current payment or refund policies. In addition, Top Finder may terminate a free account at any time in its sole discretion.

  1. Intellectual Property Ownership

All right, title and interest in the Service, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Top Finder or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Service constitutes a valuable trade secret and/or is the confidential information of Top Finder or its licensors. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Top Finder owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause Top Finder and its licensors irreparable injury, which may not be remedied at law, and you agree that Top Finder and its licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

  1. Interruption of Service

YOU AGREE THAT THE OPERATION AND AVAILABILITY OF THE SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE SERVICE, INCLUDING, THE PUBLIC TELEPHONE, COMPUTER NETWORKS AND THE INTERNET OR TO TRANSMIT INFORMATION, WHETHER OR NOT SUPPLIED BY YOU OR Top Finder, CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT THE ACCESS TO AND/OR THE USE OR OPERATION OF THE SERVICE. NEITHER Top Finder NOR ANY OF THE Top Finder PARTIES SHALL BE LIABLE FOR ANY INTERFERENCE WITH OR PREVENTION OF YOUR ACCESS TO AND/OR USE OF THE SERVICE.

  1. Additional Provisions Applicable to Professionals

In addition to the other provisions of these Terms, the following are additional provisions that apply specifically and solely to Professionals.

15.1 Representations and Warranties

By using the Services as a Professional, you represent and warrant that: (a) you possess the qualifications, experience and skills necessary to provide the services that you are offering through the Services and that you will perform such services with the degree of skill and care that is required by current good and sound professional practices in accordance with any applicable industry standards; (b) you have, and will continue to maintain, all valid licenses and authorizations required by all applicable authorities for any services you solicit, accept or perform; (c) you will not collect, use, rent or sell information about Users that you obtain directly or indirectly from Top finder for purposes other than to provide the services to such Users; and (d) all information you provide related to your qualifications, experience and skills, as well as other information provided in relation to the Services is accurate, current and complete.

15.2 Independent Contractor

You acknowledge that you are an independent contractor, and that no agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms or any relationship between you and Top Finder. You shall be responsible for the supervision, direction, control, compensation, benefits, and withholdings of all your employees.

15.3 Confidentiality

To the extent you receive any confidential information of Top Finder in connection with your use of the Services, including but not limited to information concerning fees, marketing plans, financial results, Users, Professionals, pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information as deemed confidential by Top Finder which is not generally known to the public, you agree to protect such information against any unauthorized use or disclosure and to use such information solely for the purposes for which it was disclosed to you. For purposes of clarification and not limitation, you are not permitted to disclose information about Users or Professionals that you collect through the Services to any third party without the express written consent of Top Finder.

  1. Local Laws and Export Control

You acknowledge that the Service, which may include technology and software, may be subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of the country in which the Service is rendered and/or received. You agree to abide by those laws and regulations. You are solely responsible for obtaining any specific licenses relating to the export of software if a license is needed. Top Finder’s agreement to provide the Service is contingent upon the issuance of any applicable export license required by the United States Government; Top Finder is not liable for delays or failure to deliver Service or a product resulting from your failure to obtain such license or to provide such certification.

  1. Indemnification

You shall defend, indemnify and hold Top Finder harmless from and against any and all losses, damages, liabilities, costs, judgments, charges and expenses, including reasonable attorneys’ fees, arising out of or relating to any act or omission by you with respect to (i) your use of the Service or (ii) your breach or violations of this Agreement.

  1. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY Top Finder, THE SERVICES AND THE Top Finder CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Top Finder DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND Top Finder CONTENT CONTAINED THEREIN. Top Finder DOES NOT REPRESENT OR WARRANT THAT Top Finder CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE Top Finder ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND Top Finder CONTENT SAFE, Top Finder CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Top Finder MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY PROFESSIONALS, AND Top Finder SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, OR WITH RESPECT TO THE CONDUCT OF ANY PROFESSIONAL IN CONNECTION WITH SUCH SERVICES.

SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

  1. Assumption of Risk; Limitation of Liability

You assume all risk when using the Services, including but not limited to all the risks associated with any online or offline interactions with Users and Professionals.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Top Finder OR THE Top Finder PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR THE Top Finder CONTENT, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON INFORMATION OBTAINED through the Services OR FROM the conduct of you or anyone else in connection with the services (including but not limited to bodily injury, DEATH OR PROPERTY DAMAGE), whether online or offline), MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Top Finder’s RECORDS, PROGRAMS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Top Finder OR THE Top Finder PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Top Finder FOR ACCESS TO OR USE OF THE SERVICES, OR, IF YOU HAVE NOT PAID Top Finder FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.

  1. Modification to the Services

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) without prior notice. You agree that Top Finder will not be liable for any modification, suspension or discontinuance of the Services or any party thereof.

  1. Dispute Resolution; Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH Top Finder AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

21.1 Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 12 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Top Finder agree (a) to waive your and Top Finder respective rights to have Disputes arising from or related to these Terms, the Services or the Top Finder Content, resolved in a court, and (b) to waive your and Top Finder’s respective rights to a jury trial. Instead, you and Top Finder agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

21.2 No Class Arbitrations, Class Actions or Representative Actions

You and Top Finder agree that any Dispute arising out of or related to these Terms or the Services or Top Finder Content is personal to you and Top Finder, and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Top Finder agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Top Finder agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

21.3 Federal Arbitration Act

You and Top Finder agree that these Terms affect interstate commerce and that the enforceability of this Section 21 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

21.4 Notice; Informal Dispute Resolution

You and Top Finder agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Top Finder shall be sent by certified mail or courier. Your notice must include (a) your name, postal address, telephone number, the email address associated with your Top Finder account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically to the email address associated with your Top Finder account and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Top Finder cannot agree how to resolve the Dispute within thirty (30) days after the notice is received by the applicable party, then either you or Top Finder may, as appropriate and in accordance with this Section 21, commence an arbitration proceeding or, to the extent specifically provided for in Section 21.1, file a claim in court.

21.5 Process

Except for Disputes arising out of or related to a violation of Section 12 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Top Finder agree that any Dispute must be commenced or filed by you or Top Finder within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Top Finder will no longer have the right to assert such claim regarding the Dispute). You and Top Finder agree that (a) any arbitration will occur in San Diego, California or telephonically, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), and (c) that the state or federal courts located in San Diego County, California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

21.6 Authority of Arbitrator

As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

21.7 Rules of JAMS

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

21.8 Severability

If any term, clause or provision of this Section 21 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 21 will remain valid and enforceable. Further, the waivers set forth in Section 21.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

  1. Governing Law and Venue

These Terms and your access to and use of the Services shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles. You agree that all disputes, causes of action, claims or controversies that are not subject to binding arbitration will be resolved exclusively in the state or federal courts of San Diego County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising in connection with these Terms or your access to or use of the Services.

  1. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, or any portion thereof, and to block or prevent your future access and use of the Services or any portion thereof.

  1. Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.