Terms of Use

These Terms of Service (“Terms”) apply to your access to and use of the website located at menshoodiessale.com (or any successor site) and all associated web pages, websites, social media pages and other online services (collectively, the “Services”) provided by the operator of menshoodiessale.com (“we”, “our” or “us”), as well as your purchase of our apparel and other tangible products (the “Products”). If you do not agree to these Terms, you are not authorized to use our Services. You agree as follows:

YOU AND WE WILL RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH US, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE RELEVANT SECTION.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Products or Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Products or Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending a message, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.

For information about how we collect, use, disclose and otherwise process information about you, please see our Privacy Policy.

1. Eligibility and Use Restrictions

(a) Age. Users under 18 years of age (or the age of legal majority where the user lives) must only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The parent or legal guardian of a user under the age of 18 (or the age of legal majority) is fully responsible for the acts or omissions of such user in relation to our Services.

(b) Use. You must only use our Services for personal, family or household purposes, and expressly excluding any commercial use. This means, for example, that you will not purchase Products for resale.

2. Electronic Communications

You agree to receive emails, SMS or text messages, and other types of communication from us using the email address or other contact information you provide in connection with the Products or Services.

3. Accounts

If you create an account via the Services, you must: (a) not share or permit others to use your individual account credentials; (b) promptly update any information contained in your account if it changes; (c) use a strong password for your account that is unique to our Services and not used by you in any other website or online service; and (d) maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames. You represent and warrant that any information that you provide to us in connection with the Services is accurate.

4. User Content

(a) User Content. Our Services may allow you and other users to create, post, store, and share content through the Services (collectively, “User Content”). Depending on your account settings, when you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. If you choose to make any of your information publicly available through the Services, you do so at your own risk.

(b) License You Grant Us. Except for the license you grant below, as between you and us, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content. You grant us and our affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you or any third party. You hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory.

5. Prohibited Conduct and Content

(a) Prohibited Conduct. In addition to the other restrictions in these Terms, you will not, and will not aid or encourage others to, do any of the following:

• Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
• Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
• Use or attempt to use another user’s account or information without authorization from that user and us;
• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
• Modify our Services, such as by removing any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
• Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
• Reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Use any data mining, robots, or similar data gathering or extraction methods to scrape or extract content or data from our Services;
• Develop or use any applications or software that interact with our Services without our prior written consent;
• Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• Link to any online portion of the Services in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by us; or
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

(b) Prohibited Content. You must not create, post, store, or share any User Content for which you do not have all the rights necessary to grant us the license above. You must ensure that your User Content, and our use of your User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. You must not create, post, store, or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, vulgar, suggestive, harassing, threatening, violent, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or derogatory of any ethnic, racial, gender, or religious group;
• Would constitute, encourage, or provide instructions for a criminal offense, a violation of the rights of any party, or a violation of these Terms;
• May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
• Contains any private or personal information of a third party without the third party’s consent;
• Contains any viruses, corrupted data, or other malicious, invasive, harmful, disruptive, or destructive files or content;
• In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose us or others to any harm or liability of any type; or
• Contains links to content that would violate any of the above restrictions if the linked content were User Content.

Enforcement. We may enforce the Terms, including this Section 5, at our sole discretion. Choosing not to enforce the Terms in some instances does not mean we waive our right to enforce it in other instances. This Section 5 does not create any right or private right of action on the part of any third party or any reasonable expectation that the Services will be free of conduct or content that is prohibited by these Terms or that prohibited content will be promptly removed after it has been posted. We may not review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any or all User Content. Although we have no obligation to screen, edit, or monitor User Content, we may:

• Delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including for any violations of these Terms;
• Terminate or suspend your access to all or part of the Services, temporarily or permanently, if your conduct or User Content is reasonably likely, in our sole determination, to violate these Terms;
• Take any action with respect to your User Content that is necessary or appropriate, in our sole discretion, to ensure compliance with applicable law and these Terms, or to protect our rights or to protect any third party’s rights, including third-party intellectual property and privacy rights; and
• As permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content on or through the Services.

6. Product Listings

The Services may make available listings, descriptions, and images of Products, as well as references and links to Products and coupons or discounts for Products (“Listings”). You acknowledge that the Listings may be inaccurate, incomplete, or out of date. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such Listings (including any features, specifications, and prices). Such Listings and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Measurements, colors and other descriptions in Listings are approximate and for convenience only. For example, the actual colors of the Products may vary from how displayed, which may be based in part on your device.

7. Terms of Sale

All purchases or other transactions initiated through the Services are governed by the following terms:

(a) Eligibility. To complete your purchase, you must have a valid billing and shipping address within a region that can be selected as part of the checkout process on the Services.

(b) Restrictions. You must only purchase Products for personal use by either yourself or their intended recipient. The Products are not authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per payment card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.

(c) Prices and Taxes. Prices shown in Listings exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. All prices are subject to change at any time without notice. We do not collect taxes on merchandise shipped to a jurisdiction in which we do not have substantial nexus, in which case you will be liable to the appropriate taxing authority for any sales taxes relating to your purchase.

(d) Payment. You represent and warrant that you have the right to use any payment information that you submit in connection with a transaction, such as your payment card number and its expiration date, your billing address, and your shipping information, and that such information is accurate. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any transaction. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

(e) Shipping; Delivery. Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions set forth in these Terms or otherwise contained on the Services. You will pay all shipping and handling charges specified during the ordering process. All transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers or insurers for damaged or lost shipments. Any shipping dates provided are approximate and not guaranteed. We are not liable for any delays in shipments.

(f) Order Delays; Cancellation. We reserve the right to delay, refuse, or cancel any order prior to delivery. For example, if there is a pricing error in a Listing or an error related to Product availability, we may correct the error by charging you the correct price or we may cancel your order. We will attempt to contact you if any portion of your order is canceled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.

(g) Returns, Refunds and Exchanges. Returns, refunds and exchanges will be subject to our Returns Policy, which is hereby incorporated into these Terms.

(h) Reservation of Rights. We reserve the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment option for Products; and to refuse to provide any user with any Product.

8. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

9. Ownership; Limited License

The Services, which include the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights in the Services and Products, are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services and Products, including all intellectual property rights therein in the Services and Products, are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

10. Trademarks

Our name and our logos, product or service names, slogans, the look and feel of the Services and other of our brand features are our trademarks and you must not copy, imitate or use any of these brand features, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Products or Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

11. Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about us or our Products or Services (collectively, “Feedback”). You acknowledge that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to improve or develop new or existing products or services. We will exclusively own all works or improvements based on any Feedback. You understand that we may treat Feedback as nonconfidential.

12. Third-Party Content

We may provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content for those interested in such content, but your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We have no obligation to monitor Third-Party Content, and we may block or disable access to any Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content may be subject to additional terms, conditions, and policies applicable to such Third-Party Content. You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.

13. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, hold harmless, and, at our option, defend us and our affiliates, and each of our and our affiliates’ respective officers, directors, agents, suppliers, service providers, licensors and employees (individually and collectively, the “Covered Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (including attorneys’ fees) associated with claims, demands or other actions arising out of or related to (a) your access to or use of the Products or Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. The Covered Parties will have the right to control the defense or settlement, at our sole option, of any third-party claims related to the foregoing, and you will cooperate with the Covered Parties in defending such Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Covered Parties.

14. Disclaimers

Your use of our Products and Services and any content or materials provided therein or therewith is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Products, Services, and any content or materials provided therein or therewith are provided “as is” and “as available” without warranties of any kind, either express or implied. We disclaim all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that our Products or Services or any content provided therein or therewith are accurate, complete, reliable, current, or error-free or that access to our Products or Services or any content provided therein or therewith will be uninterrupted. You assume the entire risk as to the quality and performance of the Products and Services and any content provided therein or therewith. All disclaimers of any kind are made for the benefit of us and the other Covered Parties.

15. Limitation of Liability

(a) To the fullest extent permitted by applicable law, we and the other Covered Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, or special damages or lost profits, even if we or the other Covered Parties have been advised of the possibility of such damages.

(b) The total liability of us and the other Covered Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of a specified amount or the amount paid by you to us for the Product or Services giving rise to the claim.

(c) The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of us or the other Covered Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

16. Release

To the fullest extent permitted by applicable law, you release us and the other Covered Parties from responsibility, liability, claims, demands, or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in a specific jurisdiction with analogous waiver provisions, you hereby waive any similar rights under applicable law.

17. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND US TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND US FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND WE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

YOU AND WE EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW IN THE RELEVANT SUBSECTION IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

(a) Claims This Section Applies To. This Section 17 applies to all Claims between you and us. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed in a later subsection) between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms, the Products or the Services, including any claims related to the use or operation of the Products or the Services, the purchase of any products or services made available through the Services, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section or any portion of it.

(b) Informal Dispute Resolution Before Arbitration. If you believe you have a Claim against us or if we believe we have a Claim against you, you and we will first attempt to resolve the Claim informally to try to resolve the Claim more quickly and reduce costs for both parties. You and we will make a good-faith effort to negotiate the resolution of any Claim for a designated period (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this subsection (a “Claimant Notice”). The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The Informal Resolution Period may be extended by the parties’ mutual written agreement.

You must send any Claimant Notice to us through our designated contact method as specified on our Services. We will send any Claimant Notice to you by available means using the contact information you have provided to us. The party sending a Claimant Notice (the “Claimant”) will ensure it includes (i) the Claimant’s name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves (and not their counsel) verifying the accuracy of the contents of the Claimant Notice.

No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or we file an Arbitration Demand without complying with the requirements in this Section, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief.

To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Process through the date when suit or arbitration may be filed under these Terms.

(c) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or us, including any disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use of your or our intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with the Informal Resolution subsection must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it.

(d) Binding Individual Arbitration. Except as otherwise expressly permitted by this Section, any Claim will be resolved only through binding individual arbitration conducted by a recognized arbitration association according to the Federal Arbitration Act, as modified by these Terms. If you are a “Consumer,” meaning that you only use the Products and the Services for personal, family, or household purposes, the then-current version of the association’s Consumer Arbitration Rules, as modified by these Terms (the “Rules”), will apply to Claims between you and us. If you are not a Consumer, the then-current version of the association’s Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms, will apply.

These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or us to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

(e) Arbitration Procedure and Location. You or we may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with the arbitration association in accordance with the Rules. Instructions for filing a demand are available on the association’s website. You will send a copy of any demand for arbitration to us via the contact method designated on our Services. We will send any demand for arbitration to you by available means using the contact information you have provided to us.

The arbitration will be conducted by a single arbitrator in the English language. You and we both agree that the arbitrator will be bound by these Terms. For Claims in which the Claimant seeks less than a specified amount, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For larger Claims, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and we agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction.

(f) Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.

(g) Frivolous or Improper Claims. To the extent permitted by applicable law, a Claimant must pay all costs incurred by the defending party, including any attorney’s fees and arbitration fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

(h) Confidentiality. If you or we file a Claim in arbitration, you and we agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and we agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

(i) Mass Disputes. If a specified number or more of Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a “Mass Dispute” and the provisions of this subsection will apply. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below.

1. Applicable Rules. Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the arbitration association’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the association as an administrative matter. The following procedures are intended to supplement the association’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.
2. Initial Arbitrations. The parties shall identify an initial set of Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies. The initial set shall be selected as follows: Counsel representing the Claimants in a Mass Dispute must notify the other party in writing when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select a designated number of Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise.
3. Mediation. Upon conclusion of the Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have a specified period following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the arbitration association may appoint one as an administrative matter. No additional Arbitration Demands may be filed until a specified period after such mediation concludes or after the appointment of a mediator, whichever is sooner.
4. Remaining Claimant Notices and Arbitrations. If mediation concludes with a specified number or more of unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial Arbitrations or mediation. Such an election must only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing to counsel for the other party within a specified period after mediation concludes. Claimant Notices released from the arbitration requirement must be resolved according to the Governing Law section. If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law. If the mediation process concludes with fewer than a specified number of Claimant Notices remaining or if no timely election to opt out of arbitration is made, the arbitration association will randomly select a designated number of Claimant Notices that comply with the Informal Resolution subsection to proceed in arbitration in the same manner as described above for initial arbitrations. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.

(j) Opting Out of Arbitration. You have the right to opt out of binding arbitration within a specified period from the date you first accepted a version of these Terms by contacting us through the designated method on our Services. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the Governing Law section.

(k) Rejection of Modifications to this Section. You may reject any change we make to this Section (except changes to notice methods) as to you, by contacting us through the designated method within a specified period from the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to this Section. You may reject changes to this Section only as a whole. If you reject changes made to this Section, the most recent version of this Section that you have not rejected will continue to apply.

(l) Time to Assert Claims. To the extent permitted by law, any Claim by you or us against the other must be included in a Claimant Notice within a specified period after such Claim arises; otherwise, the Claim is permanently barred.

(m) Severability. If any portion of this Section is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance will have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (iii) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.

18. Governing Law and Venue

Any dispute, claim, or controversy that arises from or relates to these Terms, the Products or the Services will be governed by and construed and enforced in accordance with the laws of a specified jurisdiction, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. If a dispute, claim, or controversy that arises from or relates to these Terms, the Products or the Services is not subject to arbitration pursuant to the Dispute Resolution section, then the state and federal courts located in a specified county and state will have exclusive jurisdiction over such dispute, claim, or controversy. You and we waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you to the extent that local law conflicts with this section.

19. Modifying and Terminating Our Services

We reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use our Services; or offer opportunities to some or all end users of our Services. We may provide you with notice in advance of the suspension or discontinu