A. Software Product: The Service is a software-as-a-service product, and certain aspects of the Service are generally available to users with Payment (defined below). Among other things, the Service provides tools that assist an End User in preparing a premarital agreement (a “Premarital Agreement”). The Service allows the End User to share information that the End User has uploaded to or created using the Service with persons of the End User’s choosing, such as the End User’s attorney that may be engaged through the Service and the other signatory to the End User’s Premarital Agreement.

B. Facilitating Attorney Consultation: We may make available to you a limited ability to communicate with an independent licensed attorney (“Attorney”) through the Service by way of edits and annotations to your Premarital Agreement and short text messages or otherwise. The Company makes this available so that an End User can obtain legal advice from an independent licensed attorney, if the End User chooses.  The End User is always free to consult with an attorney of their choosing. We facilitate payment of the fee to your Attorney (a portion of your fee paid to us) for the End User’s engagement of your Attorney under a Limited Scope Retention Agreement (“Attorney Agreement”) agreed to between the End User and Attorney. The Company is not a party to any agreement or relationship between the End User and Attorney, which will be governed by the Attorney Agreement. No Attorney who is made available through this feature is a director, officer,  employee, or agent who can bind, represent or speak for, the Company. The Company has a separate agreement with the Attorney, but End User is not permitted to rely on that agreement or deemed a beneficiary of that agreement. The Company has no control over and will not influence the independent judgment of the Attorney, and is not responsible for Attorney services, including for the accuracy, availability, reliability or completeness thereof. Any communications and dealings you have with an Attorney while using the Service will be governed by the Attorney Agreement and are solely between you and the Attorney. The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Attorney services.

C. Partner Access (including with Attorney): As part of the Service, if you are the partner who first signs up for First (“Initiating Partner”), you will direct us to contact your prospective spouse/ marriage/domestic union partner (“Joining Partner”, and with the Initiating Partner, each a “Partner”) to provide service to them as well in connection with preparation of the Premarital Agreement. The Joining Partner will be required to agree to and be bound by these Terms of Service and other matters for you both to proceed. One Partner’s single payment will also cover the other Partner’s engagement of the Service and, if you and your Partner choose to engage an Attorney through an Attorney Agreement, their own independent Attorney through the Service. The Service is also intended to facilitate the alignment and resolution of any discrepancies as to your preferences for the terms of the Premarital Agreement (but see the Disclaimer of Warranties and Limitation on Liability provisions set forth below). Other than related to each of your connections to your respective Attorneys, You and your Partner acknowledge that there is no expectation of privacy between you and your Partner concerning the Service or in connection with these Terms of Service.

D. Completion, Timeliness: To ensure the effectiveness of the Service and any associated Attorney services, you must provide accurate and complete information promptly within the First platform. You are solely responsible for providing accurate and timely data, communications and responses in the First platform. Delays or inaccuracies in the information provided by you can lead to delays and potential issues in the preparation of your Premarital Agreement. The Company is not liable for any loss or damage caused or alleged to be caused by or in connection with your failure to provide timely and accurate information or from any delays in communication with your Attorney.

E. No Tax Advice: We do not provide tax advice. Any information regarding taxes in any communication from us is for general education and is not tax advice. We are not responsible for, and make no guarantee regarding, the accuracy or validity of any tax information obtained through our Service. Although we do not provide any tax advice, we do provide this disclosure pursuant to Internal Revenue Service Circular 230: “We inform you that any U.S. federal tax advice contained in any communication from us is not intended or written to be used, and cannot be used, for purposes of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing, or recommending to another person any matters addressed therein.”

F. No Financial Advice. We do not provide financial advice. Any financial information presented through the Service is for educational purposes only, and is not financial advice. We are not responsible for, and make no guarantee regarding, the accuracy or validity of any financial information obtained through our Service.

You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any purposes, any portion of the Service, use of the Service, or access to the Service. You understand and acknowledge that we are not an attorney and are not a law firm, and may not perform services performed by an attorney. Our communications will not be covered by the attorney-client privilege and any documents created using the Service will not constitute attorney work product. Our templates and forms are not a substitute for the services or advice of an attorney. You understand that you are representing yourself in this and any associated legal matter.

By accepting these Terms of Service or using the Service, you understand and acknowledge that the Service is being provided and made available on an “As Is” or “As Available” basis. The Service may contain bugs, errors, and other problems. The Company strongly recommends that you back up all data and information prior to using the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION, OR DATA. In addition, the Company is not obligated to provide any maintenance, technical, or other support for the Service.

You may be required to register with the Company or provide information about yourself (e.g., name and email address) to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under eighteen (18) years of age, you are not authorized to use the Service, with or without registering.

You are responsible for maintaining the confidentiality of your login and account details, if any, and are fully responsible for any and all activities that occur under your login or account. You agree to (a) immediately notify the Company of any unauthorized use of your login or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. The Company will not be liable for any loss or damage arising from your failure to comply with this paragraph.

The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof including beta services) with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service (or any part thereof).

You acknowledge that the Company may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service or the Company, and the maximum storage space that will be allotted on the Company’s or its third-party service providers’ servers on your behalf. You agree that the Company has no responsibility or liability for the deletion or failure to store any data or other content maintained by or uploaded to the Service. You acknowledge that the Company reserves the right to terminate accounts, including free trial accounts, that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

As the Service is made available for a fee, you will be required to provide the Company information regarding your credit card or other payment instrument. You represent and warrant to the Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (e.g., a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified in accordance with the terms of such plan and this Terms of Service. You hereby authorize the Company to bill your payment instrument in accordance with these terms, and you further agree to pay any charges so incurred. If you dispute any charges you must let the Company know within sixty (60) days after the date that the Company charges you. Unpaid fees are subject to a finance charge of 1.5% per month on any outstanding balance or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with the Service other than U.S. taxes based on the Company’s net income.

We do not offer refunds on fees/payments at this time, including but not limited to instances where customers do not provide accurate and complete information, or respond in a timely fashion to their Attorneys.

Notwithstanding any amounts owed to the Company hereunder, the Company does not process any payment for any services. To facilitate payment for the Service via bank account, credit card, or debit card, we use third-party payment processors (collectively, “Payment Processors”). These payment processing services are provided by the Payment Processors and are subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these Terms of Service, if you use the payment functions of the Service, you also agree to be bound by the applicable Payment Processor Agreement for the payment function that you are using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. The Company assumes no liability or responsibility for any payments you make through the Service.

You may be asked to provide feedback regarding your use of the Service. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”) provided by you to the Company is non-confidential. The Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you, and you hereby assign to the Company all right, title, and interest (including all intellectual property rights) in and to such Submissions.

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to the Company, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”).
The following are examples of the kinds of content and/or uses that are illegal or prohibited by the Company. The Company reserves the right to investigate and take appropriate legal action against anyone who, as determined by the Company in its sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree not to use the Service to:

A. Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of the Company, is objectionable or restricts or inhibits any other person from using or enjoying the Service, or may expose the Company or its users to any harm or liability of any type;

B. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

C. Violate any applicable local, state, national, or international law, or any regulations having the force of law;

D. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

E. Solicit personal information from anyone under the age of eighteen (18);

F. Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

G. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

H. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

I. Obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;

J. Circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or

K. Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by the Company from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

The Service may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Site(s)." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. We do not control, endorse or monitor the contents of any Linked Site. These Terms of Service do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any Linked Sites.

No employee, independent contractor, agent, or affiliate of any competing premarital or marital agreement preparation or other similar services of the Company is permitted to view, access, or use any portion of the Service without express written permission from the Company. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of the Company or any of its affiliates, or acting on behalf of a competitor of the Company in using or accessing the Service.

You agree that the Company has the right to aggregate, collect and analyze your data and information relating to your use of the Service and shall be free to use such data and other information to improve the Company’s products and services, including the training, evaluation, tuning and testing of any the Company model based on artificial intelligence (AI) technology, such as large language models (“LLMs”), and to disclose any aggregated or otherwise anonymized data resulting therefrom.

The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the Company and other entities by SMS, MMS, text message, or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Company account information to ensure that your messages are not sent to the person that acquires your old number.

The technology and software underlying the Service or distributed in connection therewith are the property of the Company, its affiliates, and its licensors (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by the Company.

The Company is headquartered in the United States. If you access or use the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, are subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws, including the forms and templates used to create the initial draft of your Premarital Agreement. Except as expressly authorized by the Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

The Company name and logos are trademarks and service marks of the Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.

Under no circumstances will the Company be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that the Company does not pre-screen content, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, the Company and its designees will have the right to remove any content that violates these Terms of Service or is deemed by the Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

You represent and warrant that you own all right, title, and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant the Company and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

A. You hereby authorize the Company and its Third-Party Service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

B. You acknowledge and agree that the Company may preserve User Content, use such User Content in accordance with these Terms, and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the Company of your infringement claim in accordance with the procedure set forth below. The Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the Company’s Copyright Agent at legal@thisfirst.com. You may also contact the Copyright Agent by mail or facsimile at: Attn: Legal, 8605 Santa Monica Blvd, Suite 138384, Los Angeles, CA 90069 To be effective, the notification must be in writing and contain the following information:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;

B. Identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;

C. Identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

D. Your address, telephone number, and email address;

E. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

F. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

A. Your physical or electronic signature;

B. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

C. A statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and

D. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the United States District Court for the Central District of California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party informing that party that the Company may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against the Company or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, the accounts of users who are deemed to be repeat infringers. The Company may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

This section titled “Dispute Resolution by Binding Arbitration” is referred to in these Terms of Service as the “Arbitration Agreement.” You and the Company agree that any and all disputes or claims that have arisen or may arise between you and the Company, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between you and the the Company, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and the Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury, unless you proceed in small claims court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

The Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at help@thisfirst.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be sent to legal@thisfirst.com (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.

Arbitration will be conducted by a single neutral arbitrator in accordance with the JAMS’ Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS' Streamlined Arbitration Rules and Procedures, in any case as modified by this Arbitration Agreement. The place of arbitration will be Los Angeles, California. For information on the JAMS, please visit its website, http://www.jamsadr.org. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless the Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by JAMS. If your claim is for $10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, provided that if your claim for damages does not exceed $75,000 then we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Any payment of attorneys’ fees will be governed by the JAMS Rules.

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

Notwithstanding any provision in these Terms of Service to the contrary, the Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending the Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).