1.  Introduction

1.1 The Website provides access to adult-oriented audiovisual clips. By accessing the Website, you will be exposed to graphic visual depictions, nudity, adult language, and descriptions of explicit sexual activity. Access and registration to the Website are free.

1.2 This agreement applies to all Website users, whether you are a “visitor” or a “registered user.” By clicking on the “I Agree” button on the warning page, checking the appropriate box during registration, making a purchase, or accessing any part of the Website, you agree to this agreement. If you do not want to agree to this agreement, you must leave the Website. If you breach any part of this agreement, we may revoke your license to access the Website, block your access, and suspend or cancel your account (if you have one).

1.3 We may change this agreement on one or more occasions by updating this page. The top of this page will tell you when we last updated this agreement. Changes take effect on the “last updated” date stated at the top of this page. Changes will not operate retroactively. We will try to let you know when we change this agreement if we can do so reasonably. But you should frequently check this page to make sure that you are operating under the most current version of this agreement. We will consider your continued use of the Website after we post the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to cancel your account and stop accessing the Website.

2. Warning: Adult-Oriented Content; Eligibility.

The Website contains sexually explicit material that is unsuitable for minors. Only individuals (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. If you do not meet these age requirements, you must not access the Website and must leave now. By accessing the Website, you state that the following facts are accurate:

2.1 You are at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to enter into this agreement;

2.2 You are aware of the adult nature of the material available on the Website, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexual nature, including graphic visual depictions and descriptions of nudity and sexual activity;

2.3 You are familiar with your community’s laws affecting your right to access adult-oriented materials;

2.4 You have the legal right to access adult-oriented materials, and we have the legal right to transmit them to you;

2.5 You are voluntarily requesting adult-oriented materials for your private enjoyment;

2.6 You are not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of applicable law; and

2.7 You will not share this Website with a minor or otherwise make it available to a minor.

3. Accessing the Website.

We may withdraw or amend our Website and any service or material provided at our sole discretion without notice. We will not be liable if, for any reason, any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to access the Website and its content. We make no claims that the Website or its Materials are accessible or appropriate where you live. Access to the Website or its Materials may not be legal by certain persons or in certain countries. You are solely responsible for complying with all local laws governing accessing adult-oriented websites or adult-oriented materials when accessing this Website.

4. Your Account

4.1 Account Creation. While you are not required to create an account to make a purchase, to access many of the Website’s features, you must create an account. Registration is free and for a single user only. You must complete the registration process by providing accurate information as prompted by the registration form. You must provide a valid email address, a username, and a password. Do not choose a username that is offensive or that infringes a person’s service mark, trademark, or trade name. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the Website’s technical requirements for the composition of passwords. By creating an account, you state to us that (a) all account registration and profile information you provide is your own and is accurate; (b) if you previously had an account on the Website, we did not suspend or terminate that account for breach of this agreement; and (c) you are creating an account for your personal use, and you will not sell, rent, or transfer your account to any third party.

4.2 Responsibility for Account. You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must let us know promptly of any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. We may disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any reason or no reason, including if you have violated any part of this agreement.

4.3 Liability for Account Misuse. We will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by another person or us because someone else uses your password or account.

4.4 Use of Other Accounts. You must not use anyone else’s account at any time.

4.5 Account Security. We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons will never defeat the Website’s security measures or use any personal information you provide to us for improper purposes. Therefore, you acknowledge that you provide your personal information at your own risk.

4.6 Communication Preferences. By registering for an account, you consent to receive electronic communications from us relating to your account. These communications may involve sending emails to the email address you provided during registration or posting communications on the Website and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. We recommend keeping copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive other communications from us, including newsletters about new features and content, exclusive offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from us may have sexually explicit material unsuitable for minors.

5. Intellectual Property Rights

5.1 Ownership. The Company owns and operates the Website. All content, features, functionality, and other materials found on the Website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, “Materials”) are owned by the Company, its licensors, or other providers of those Materials. Copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Website.

5.2 License Grant. The Company hereby grants you a limited, nonsublicensable license (i.e., a personal and limited right) to access and use the Website and the Materials for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:

(a) Your computer may temporarily store copies of the Materials in RAM incidental to access and view those materials.

(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.

(c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.

(d) You may download (where enabled by the Website) or stream any audiovisual content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.

(e) If we offer desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, subject to our end user license agreement for those applications.

(f) If we provide social media features with certain content, you may take those actions enabled by those features.

5.3 License Restrictions

(a) You must not:

(i) Modify copies of any Materials from the Website.

(ii) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

(iii) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from the Website.

(b) You must not access or use any part of the Website or the Materials available through it for any commercial purposes unless we agree otherwise in writing.

(c) If you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use the Website will end immediately, and you must, at our option, return or destroy any copies of the Materials you have made. No interest in or to the Website or any Materials on the Website is transferred to you, and we reserve all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.

5.4 Trademarks. The Company’s name and logo; the terms DREAMVRX®, DREAM VRX®, and DVRX®; the Website’s logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Website’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of the Company, its affiliates, or licensors. You must not use those marks in connection with any product or service that is not ours, in any manner that is likely to confuse consumers, or in any way that disparages or discredits us, without first obtaining our prior written permission. Any use of these marks must be under any guidelines that we may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Website are the marks of their respective owners. Reference on the Website to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply our endorsement, sponsorship, recommendation, or any other affiliation.

6. Prohibited Uses

6.1 You may use the Website only for lawful purposes under this agreement. You must not use the Website:

(a) In any way that violates applicable federal, state, local, or international law or regulation (including laws about exporting data or software to and from the U.S. or other countries).

(b) To exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.

(c) To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards stated in this agreement.

(d) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

(e) To impersonate or try to impersonate us, a Company employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as we decide, may harm our Website’s users or us or expose them or us to liability.

6.2 Additionally, you must not:

(a) Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real-time activities through the Website.

(b) Use any robot, spider, or other automatic devices, processes, or means to access the Website for any purpose, including monitoring or copying any Materials.

(c) Use any manual process to monitor or copy any of the Materials or any other unauthorized purpose without our prior written consent.

(d) Use any device, software, or routine that interferes with the proper working of the Website.

(e) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

(g) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

(h) Otherwise, try to interfere with the Website’s proper working.

7. Third-Party Content and Reference Sites

7.1 In addition to the User Contributions, we may provide other third-party content on the Website (collectively, “Third-Party Content”). We do not control or endorse any Third-Party Content and make no representation or warranties about the Third-Party Content, including its accuracy or completeness. We do not create Third-Party Content, update it, or monitor it. Thus, we are not responsible for any Third-Party Content on the Website.

7.2 You are responsible for deciding if you want to access or use third-party websites or applications that link from the Website (“Reference Sites”). We do not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through them. Accordingly, we are not making any representations or warranties about the Reference Sites. Further, your correspondence or business dealings with or participation in promotions of advertisers found on or through the Website are solely between you and that advertiser. Thus, you access and use Reference Sites, including the information, materials, products, and services on or available through Reference Sites, solely at your own risk.

8. Studio Competitions.

Studios may promote competitions, promotions, prize draws, and other similar opportunities on the Website (“Studio Competitions”). We are not the sponsor or promoter of those Studio Competitions and do not bear any responsibility or liability for the actions or inactions of any studio who organizes, administers, or is otherwise involved in any promotion of those Studio Competitions. If you wish to participate in any Studio Competition, you are responsible for reading and ensuring that you understand the applicable rules and any eligibility requirements and are lawfully able to participate in that Studio Competition in your place of residence.

9. No Offsite Communications.

You must not use the Interactive Services to arrange face-to-face meetings outside the Website with any studio or other user, including exchanging money or other consideration for sex or companionship. We prohibit any form of interaction with a studio outside of the Website or the Interactive Services. If you do, you do so at your own risk, and we will not be liable to you for anything that happens outside of the Website with any studio or other user you meet on the Website.

10. Changes to the Website.

We may update the Materials on this Website from time to time, but the Website’s Materials are not necessarily complete or up to date. The Website’s Materials may be out of date at any given time, and we are not required to update those Materials.

11. Terms of Sale

11.1 Payment. We accept payment through our payment processor via the payment methods identified on the Website at checkout. You must have a valid accepted form of payment to make a purchase. You must comply with any relevant terms or other legal agreement that governs your use of your chosen payment method. You authorize us to supply your payment card details to a third-party payment processor to process your payment. Prices may change at any time, and we do not offer price protection or refunds in case of a price reduction or promotional offering. Your payment card provider may charge you currency conversion fees. We do not control currency exchange rates or charges imposed by your payment card provider or bank. We are not responsible for paying any charges or fees imposed by your payment card provider or bank. It is your responsibility to check the price before making a purchase. We will charge your payment method for the price listed along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations.

11.2 Taxes. You are responsible for applicable federal, national, state, provincial, or local sales or use taxes, value-added taxes (VAT), or similar taxes or fees payable with your purchase. If you do not pay those taxes or fees on a transaction, you will be responsible for those taxes or fees if they are later found to be payable on that sale, and we may collect those taxes or other fees from you at any time. If we must collect or pay any taxes with your purchase, we will charge you those taxes at the time of each purchase transaction.

11.3 Refunds. All sales and transactions are final. Payments are nonrefundable and fully earned on receipt. If there is a technical error on the Website, we will work with you to resolve it. We may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist for a refund, please Contact Us and explain the circumstances you think merit a refund. We are not making any promise that we or any studio will offer you a refund. If we issue a refund at our sole discretion, we will issue that refund in the form of either a credit to your Clip Cash balance or the payment method you used for your purchase. We will not make refunds in the form of cash, check, or free services. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require us to issue refunds in the future under any circumstance. This section 11.3 does not affect any statutory right to receive a refund that you may have under the Consumer Rights Act of 2015 or any other applicable law, except that you do not have the right to a refund for (a) digital products after you have started to download or stream these; or (b) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.

12. Acknowledgments and Warranty Disclaimers

12.1 You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free from loss, corruption, attack, viruses, other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output and keeping a means external to the Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by (a) a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, mobile device, computer programs, data, or other proprietary material because of your use of the Website or any services or items obtained through the Website; or (b) by your downloading of any material posted on the Website or any website linked to it.

12.2 You use the Website, the Materials, and any services or items obtained through the Website at your own risk. We offer the Website, the Materials, and services or items obtained through the Website “as is” and “as available” without making any express or implied warranty. Neither we nor any person associated with us is making any warranty to the Website’s completeness, security, reliability, quality, accuracy, or availability. Neither we nor anyone associated with us is making any warranty (1) that the Website, the Materials, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through it will otherwise meet your needs or expectations.

12.3 We are not making any warranty about the Website, whether express, implied, statutory, or otherwise, including any warranties of merchantability, noninfringement, and fitness for a particular purpose. No advice or information, whether oral or written, obtained from the Company, the Website, or elsewhere will create any warranty not expressly stated in this agreement.

13. Limitation of Liability; Release

13.1 The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:

(a) Errors, mistakes, or inaccuracies in the Materials.

(b) Personal injury or property damage resulting from your access to and using the Website or the Materials.

(c) Materials or conduct that are infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal.

(d) Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data.

(e) Interruption or cessation of transmission to or from the Website.

(f) Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software.

(g) Incompatibility between the Website and your other services, hardware, or software.

(h) Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website.

(i) Loss or damage incurred because of the use of any Materials (including User Contributions) posted, emailed, sent, or otherwise made available through the Website.

13.2 You hereby release the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of your User Contributions or the conduct of other users or third parties, including disputes between you and one or more other users or third parties.

14. Exclusion of Damages; Exclusive Remedy

14.1 Unless caused by its gross negligence or intentional misconduct, the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Website or the Materials. This exclusion applies regardless of the theory of liability, and even if you told us about the possibility of those damages, or we knew or should have known about the possibility of those damages.

14.2 The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the Materials. This exclusion applies regardless of the theory of liability, and even if you told us about the possibility of those damages, or we knew or should have known about the possibility of those damages.

14.3 If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to terminate your account (if you have one) and stop using the Website. The Company’s and its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers’ maximum liability to you for any claim will not exceed the greater of $200 and the amount you have paid for the applicable purchase out of which liability arose, even if the remedy fails of its essential purpose.

15. Waiver of California Civil Code Section 1542—California Residents Only.

For the releases of liability set out in this agreement, you acknowledge that you understand the consequences of entering into the general release and discharge of all known and unknown claims as stated in this agreement and that you are familiar with the provisions of section 1542 of the California Civil Code, which provides that:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

You waive all rights under section 1542 and any other federal or state statutes or laws of similar effect.

16. Scope of Disclaimers, Exclusions, and Limitations.

The disclaimers, exclusions, and limitations stated in sections 17, 18, and 19 apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, excluding some damages, or other matters, one or more of the disclaimers, exclusions, or limitations will not apply to you.

17. Indemnification

17.1  In General. You will pay the Company, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (collectively, “Indemnified Parties”) for any loss of an Indemnified Party that is caused by any of the following: (a) your access of, or conduct on, the Website, including your User Contributions; (b) your conduct offline; (c) your breach of this agreement; (d) your dispute with any other user, including any studio; (e) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (f) your violation of any applicable law; (g) your tortious acts or omissions; or (h) your criminal acts or omissions. But you are not required to pay if the Indemnified Party’s intentional misconduct caused the loss.

17.2 Definitions. “Loss” means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.

17.3 Indemnified Party’s Duty to Notify You. If the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.

17.4 Legal Defense of a Claim. The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate in good faith on a claim.

17.5 No Exclusivity. The Indemnified Parties’ rights under this section 22 do not affect other rights they might have.

18.  Governing Law and Jurisdiction

18.1 Governing Law

(a) If you reside inside the EEA/UK, Cyprus law (including its statutes of limitations) governs all matters arising out of or relating to the Website or this agreement without giving effect to any conflicts of law principles.

(b) If you reside outside the EEA/UK, Delaware law (including its statutes of limitations) governs all matters arising out of or relating to the Website or this agreement without giving effect to any conflicts of law principles.

(c) This agreement’s predominant purpose is providing services and licensing access to intellectual property and not a “sale of goods.” The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.

18.2  Jurisdiction

(a) If you reside inside the EEA/UK, all disputes arising out of or relating to the Website or this agreement that are not subject to alternative dispute resolution will be subject to the exclusive jurisdiction and venue of the courts of competent jurisdiction located in Cyprus, and each party hereby submits to the personal jurisdiction of those courts to resolve those disputes. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.

(b) If you reside outside the EEA/UK, all disputes arising out of or relating to the Website or this agreement that are not subject to arbitration will be subject to the exclusive jurisdiction and venue of the United States District Court for the District of Delaware or any state court of competent jurisdiction in New Castle County, Delaware, and each party hereby submits to the personal jurisdiction of those courts to resolve those disputes. Each party waives any right to seek another forum or venue because of an improper or inconvenient forum.

19. Alternative Dispute Resolution

19.1 ADR/Arbitration

(a)  EEA/UK Users. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. If you are located inside the EEA/UK, you can submit a complaint to the Cyprus Consumer Center for Alternative Dispute Resolution via its website at http://www.adrcyprus.com/, the Cyprus Technical Chamber (ETEK) Alternative Dispute Resolution Centre (ETEK ADR Centre) via its website at http://www.etek.org.cy/, or the Interdisciplinary Centre for Law, Alternative and Innovative Methods (ICLAIM) via its website at http://www.iclaimcentre.org/. Each of these providers charges a fee for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceedings under section 23.2(a). In addition, please note that disputes also may be submitted for online resolution to the European Commission Online Dispute Resolution platform (ec.europa.eu/consumers/odr).

(b) Non-EEA/UK Users—Arbitration. If you are located outside the EEA/UK, all claims and disputes arising out of or relating to the Website or this agreement are to be settled by binding arbitration with Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is unavailable). The parties will abide by all rules of ARS, as found on its website at www.arbresolutions.com. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages or damages otherwise limited or excluded in this agreement. The arbitrator’s award will include costs of arbitration, reasonable legal fees, and reasonable costs for experts and other witnesses. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the parties’ prior written consent.

19.2 Injunctive Relief. The parties acknowledge that breach by either party of their obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. Nothing in this section 24 prevents either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Website, in each case without posting a bond or other security and without proof of actual money damages in connection with the claim.

19.3 Recovery of Expenses. In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the Prevailing Party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the Prevailing Party incurs in those proceedings, including legal fees and expenses. For purposes of this section 24.3 “Prevailing Party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the Prevailing Party. If any proceedings are voluntarily dismissed or are dismissed as part of the settlement of that dispute, neither party will be the Prevailing Party in those proceedings.

19.4 Jury Trial Waiver. Each party waives its right to a jury trial in proceedings arising out of or relating to this agreement. Either party may enforce this waiver up to and including the first day of trial.

19.5 Class Action Waiver. All claims must be brought in the parties’ individual capacity, not as a plaintiff or class member in any purported class or representative proceeding. Unless we agree otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.

19.6 Limitation on Time to Bring Claims. A party will not file a claim arising out of or relating to the Website or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.

20. General

20.1 Entire Agreement. This agreement constitutes the entire agreement between you and us about your use of the Website and supersedes all earlier or contemporaneous agreements between you and us about the Website. Any additional terms on the Website will govern the items to which they pertain.

25.2 Changes. We may change this agreement on one or more occasions. We will post changes on the Website at least 15 days before they become effective (“Effective Date”). Changes will become effective on the Effective Date stated at the top of this page. Changes will not apply to ongoing disputes or disputes arising from or relating to events before the Effective Date. While we will try to notify you when we change this agreement, we do not assume any obligation to do so, and it is your responsibility to check this page to review the most current agreement frequently. You agree to the revised agreement by using the Website after the Effective Date. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the Website before the Effective Date.

20.3 Assignment and Delegation. We may assign our rights or delegate any performance under this agreement without your consent. You must not assign your rights or delegate your performance under this agreement without our prior written consent. Any attempted assignment of rights or delegation of performance in breach of this section 25.3 is void.

20.4  Waiver. If we fail to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.

20.5 Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

20.6 Notices

(a) Notice to Us. You may give notice to us by email at Contact Us unless the Website specifies a different email address for giving notice. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for notifying us.

(b) Notice to You­—Electronic Notice. You consent to receive any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice.

20.7 Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.

20.8 No Third-Party Beneficiaries. Except for the Indemnified Parties, who are third-party beneficiaries of section 22 of this agreement having the right to enforce section 22, this agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.

20.9 Relationship of the Parties. This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship. The parties expressly disclaim the existence of any of these relationships. Neither party is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.

20.10 Successors and Assigns. This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.

20.11 Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to or through the Website regardless of whether they are the intended recipients.

20.12 Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. When you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

20.13 Consumer Rights Information—California Residents Only. This section 25.13 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:

20.14 Complaints—California Residents Only. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.

20.15 Survival. On termination of this agreement, any provision that, by its nature or express terms, should survive will survive the termination of this agreement.

20.16 English Language. We drafted this agreement in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English