Terms of Service

Updated June 23, 2020
Reference item #16 for SMS/MMS marketing terms and conditions

Welcome to the SELF/ish website located at www.selfishskin.com (the “Site”). By accessing or using the Site you signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service"), regardless of whether you are a registered user of the Site. If you do not agree to these Terms of Service, then do not use the Site.

These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms on other documents that are inconsistent with these terms. We may modify or update these Terms of Service at any time by posting the amended terms on the Site and such terms shall be effective for all use of the Site and any services or information offered on the Site, including information about participating in our programs (“Services”) once they are posted. Your continued access of the Site and/or use of the Services provided on the Site following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. We, in our sole discretion, may also add, delete or change some or all of the features of the Site or our Services at any time.

These Terms of Service govern your access and use of the Site and all content, services and/or functions or activities provided through the Site. Please read these Terms of Service carefully before using the Site. If you violate any of these Terms of Service (which include by reference our Privacy Policy, or otherwise violate an agreement between you and us, we may terminate your registration, delete your profile from the Site, cancel your order(s) and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site), at any time in its sole discretion, with or without notice.

As used herein, “User” or "Users" means anyone who accesses and/or uses the Site.

  1. Description of the Services

Subject to the terms and conditions specified herein, the Site offers Users information regarding us and our programs. The Site also offers Users the possibility of applying to our programs, obtain information about the programs, communicate through certain functions provided on the Site or access our social media sites.

  1. Collection of Personal Data

Certain of our Services, including signing up for updates regarding our programs or participate in certain functions provided by the Site, require Users to provide personal data, as detailed in our Privacy Policy. If you wish to obtain information regarding the Services, we may direct you away from the Site to a third-party site.

You agree by providing personal data to us or through a third-party site: (i) to these Terms of Service; (ii) to provide true, accurate, current and complete information; (iii) to maintain and promptly update the information to keep it true, accurate, current and complete; (iv) for security reasons, to maintain the confidentiality of personal data; (vi) to ensure that you properly exit from your account at the end of each session and to immediately notify us of any unauthorized use of your account or any other breach of security; and (vii) to take full responsibility for all activities that occur under any customer account created for your use.

We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or to which you do not have rights, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

  1. Eligibility 

This Site is intended solely for Users who are over the age of 13 and any registration by, use of or access to the Site by anyone who is not over 13 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service or the Site, you represent and warrant that you are over 13 and that you agree to and abide by all of the terms and conditions of these Terms of Service. If you violate any of these Terms of Service, or otherwise violate an agreement between you and us, or for any other reason, we may terminate your registration and/or prohibit you from using or accessing the Services or the Site (or any portion, aspect or feature of the Service or the Site), at any time in our sole discretion. You agree that we will not be liable to you or any third party for any termination of your membership.

  1. Proprietary Rights

We retain all right, title and interest in and to the Services, as well as all data, information, content and materials provided on the Services. We further retain all right, title and interest in and to the business processes, procedures, methods and techniques used within the Services and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world ("Intellectual Property") to such Services. All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are our proprietary property with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

  1. Content of Site and Products

We are not responsible if information on the Site is not accurate, complete or current. Any reliance on the material on the Site is at your own risk. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

Information on the Site may contain typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Site is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information on the Site, except as required by law. No specified update to the Site should be taken to indicate that all the information in the Site has been modified or updated.

  1. Content Submitted by Users 

By providing information through the Site or social media links on the Site, including any comments or other submissions (“Submission”), you certify that your Submission consists of original material to which you have all the rights; that your Submission does not violate the rights of any third party, including, without limitation, copyright, trademark, patent, privacy or any rights creating claims for idea misappropriation or the right of publicity; that your Submission does not contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene or that is known to be false; and that your Submission does not include any private or personally identifiable information regarding any third party.

You further acknowledge that your Submission becomes our exclusive property; that any Submission will not be returned or kept confidential; that we are not obligated to use or pay you for the Submission; that we may publish the Submission in perpetuity in all markets worldwide and in any and all media now know or hereafter discovered, including the Site; that we may edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Services; that the Submission may be edited for length, clarity and/or functionality; that we may display your first name and first initial of your last name in conjunction with the Submission; that we may restrict comments or distribution of the Submission to certain parts of our Site and to certain Users; and that your Submission may be shared with legal authorities if we believe it is warranted or pursuant to a verified request. 

  1. Prohibited Conduct 

You agree to use the Site and Service only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable law, rules or regulations. You may not:

  • sell or resell any products purchased and/or samples that you purchased or otherwise received from us;
  • use the Service in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party's use and enjoyment of the Service;
  • attempt to gain unauthorized access to the Site, the Service, or the computer systems or networks connected to the Service through hacking, password mining or any other means;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • upload, post, email or transmit, or otherwise make available through the Service any inappropriate, defamatory, infringing, obscene, or unlawful content;
  • upload, post, email or transmit, or otherwise make available through the Service any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
  • upload, post, email or transmit, or otherwise make available through the Service any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
  • run Mail list, Listserv, or any form of auto-responder or "spam" on the Service;
  • use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site, including to engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;
  • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site's pages, or otherwise affect the display of the Site's pages;
  • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about its Users for any unauthorized purpose;
  • submit content that falsely expresses or implies that such content is sponsored or endorsed by us, any of its affiliates or any third parties;
  • use the Service for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions;
  • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
  • share or disclose with anyone any information obtained through the Service about any investment offerings; or
  • use the Service for any commercial purpose whatsoever other than for your personal use.
  1. Gift Cards

Notwithstanding anything contained in these Terms of Service, SELF/ish eGift Cards ("SELF/ish Gift Cards") are not returnable or refundable for cash except in states where required by law. Resale of SELF/ish Gift Cards is strictly prohibited.

SELF/ish Gift Cards may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).

By purchasing SELF/ish Gift Cards, you are certifying and representing to us that the activities in connection with which the SELF/ish Gift Cards will be used will comply with these Terms of Service and all applicable laws, rules and regulations, and that SELF/ish Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to us or to consumers. In addition, you agree to defend and indemnify us and our subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of us in connection with your use of SELF/ish Gift Cards or violation of any of these Terms of Service. Lost or stolen cards will not be replaced. We are not liable to you for (i) lost or stolen SELF/ish Gift Cards, or (ii) the use of any SELF/ish Gift Cards by third parties through your account. You are solely responsible for keeping the password for your account safe and for any activity conducted under your account.

  1. Linked Sites

The Site may contain links to other Internet Sites, applications and resources. Links found on the Site may let users leave the Site and go to sites operated by parties other than us. We do not endorse, and are not responsible or liable in any way for, any content, advertising, services or goods on or available from such Sites, applications or resources. The linked sites are not under the control of us and we are not responsible for the contents of any linked site or any link contained in a linked site that is not owned and operated by us, or any changes or updates to such sites. Such links to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by us, or any of our affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between us, or any of our affiliates, and any linked third party or their content. We do not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their sites. Third parties’ sites are not subject to our Terms of Service and Privacy Policy. You should carefully review their privacy statements and other conditions of use.

  1. Disclaimers

You understand that the processing and transmission of communications relating to the use of the Site or the Services, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that we will not be liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content transmitted by you through the Site.

WE PROVIDE THE SITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We make no representation or warranty that (i) the Site or the Services will meet your expectations or requirements, (ii) the Site or the Services will be uninterrupted, timely, accurate, secure, complete or error-free, (iii) any results or information that may be obtained from the use of the Site or the Services will be accurate, timely, complete or reliable and (iv) any errors in any software used on the Site or in connection with the Services will be corrected. Operation of the Site may be interfered with by numerous factors outside of our control including, but not limited to, telecommunications network disruptions. We are not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Services.

While we have endeavored to create a secure and reliable Site, we are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. We and our affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond our reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, pandemic, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time for maintenance or other reasons.

  1. Limitation on Liability

IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR LICENSORS, TOGETHER WITH EACH OF OUR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AGGREGATE OF THE FEES PAID BY YOU OR US FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES, OR (B) $100.

  1. Indemnity

You agree to defend, indemnify and hold us and our affiliates, together with each of our respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys' fees and costs) arising out of (i) your use or misuse of the Site or the Services, (ii) your breach or alleged breach of these Terms of Service, and (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site or the Services. 

  1. Termination

You agree that we, in our sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your account, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of your account, we may delete and/or store, in our discretion, data associated with your use of the Site. In the event of termination, we have no further obligations to you.

  1. Miscellaneous

This Agreement constitutes the entire agreement between you and us with respect to your access and use of the Site and the Services and supersedes all prior and contemporaneous agreements between you and us. If any of the provisions of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The provisions of Sections 3-7, and 10-16 shall survive any termination of these Terms of Service.

This Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are not responsible for compliance with any and all local laws and regulations that may apply to such access.

The laws applicable to the interpretation of this Agreement shall be the laws of the State of California and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Los Angeles, California. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and we will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.

  1. Assignment

We may assign these Terms of Service at any time to a subsidiary or parent or to a successor to our business as part of a merger or sale of substantially all of our assets. You may not assign or transfer these Terms of Service. If any provision of this Terms of Service is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

For any questions or comments, or to report violations of this agreement, including receipt of spam or unwanted communications from a user, contact us at support@selfishskin.com with “Terms of Service” in the subject line of your email.

  1. SMS/MMS Mobile Message Marketing Program Terms and Conditions

SELF/ish (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@selfishskin.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Houston, Texas before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which SELF/ish’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.