Terms & Conditions
Last updated: October 19, 2021
Please review these terms and conditions carefully.
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN ELS VENTURES, INC. (“ELSV”, “WE”, “US”, AND/OR “OUR”) AND YOU. BY USING THE SERVICES (DEFINED BELOW) IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS, HAVE TAKEN THE TIME AND ASSISTANCE NEEDED TO COMPREHEND THE CONSEQUENCES OF ACCEPTING THIS AGREEMENT, AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS AGREEMENT.
IN PARTICULAR, PLEASE REVIEW THE ARBITRATION AGREEMENT IN SECTION 11 CAREFULLY, AS IT REQUIRES THE PARTIES (UNLESS YOU VALIDLY OPT OUT OF ARBITRATION, AS PROVIDED BELOW) TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS, INCLUDING SECTION 11.
ELSV and you are hereinafter referred to from time to time, individually as “Party” and collectively as “Parties.”
About the Service
ELSV, dba “How to Do the Pot”, is an audio-first cannabis education platform for women. We provide our services via our owned and operated website, currently available at https://dothepot.com/ (“Site”) and related content, features, applications, and other services, including without limitation any new features and applications (collectively with the Site, the “Services”). Certain services may be 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 through an application downloaded and installed on a mobile device (collectively, “Mobile Services”). Not all Mobile Services may work with all carriers or devices.
- You are of legal age in the jurisdiction in which you reside to form a contract with us;
- You have not been previously suspended or banned from using the Services;
- Your use of the Service is in compliance with any and all applicable laws and regulations (including laws and regulations governing cannabis and cannabis-derived products); and
- You have the authority to enter into these Terms.
3.2 Changes to Service. ELSV reserves the right to modify or discontinue the Services (or any part thereof) at any time. This may include adding new features, updating existing features, or removing features or functionality from the Services, temporarily or permanently. You agree that we will not have any liability to you for the foregoing actions. If you object to any such changes, your sole recourse is to stop using the Service. Continued use of the Services after the date any such changes take effect constitutes your agreement to such changes.
Accessing the Services
4.1 General. We grant you permission to access and use the Services subject to the restrictions set out in these Terms. It is a condition of your use of the Services that the information you provide about yourself is accurate, current, and complete and that you to maintain and promptly update such information to keep it accurate, current, and complete. You may be asked to verify that you are over the applicable age limit to access our Services and you hereby agree that you shall not misrepresent your age. We reserve the right, in our sole discretion, to refuse, suspend, or terminate your access to the Services upon discovery (or reasonable suspicion) that any information you have provided via the Services is not true, accurate, or complete, or otherwise violates these Terms.
4.2 Acceptable Use. You may use our Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us now if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct.
You agree not to, and will not assist, encourage, or enable others to use our Services as follows:
- For any commercial purpose, except as expressly permitted under these Terms.
- For competitive analysis or to build competitive products.
- To violate any applicable national, regional, federal, state, local, or international law or regulation.
- To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material which:
- Is, or contains any material which is, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;
- Is likely to deceive or confuse any person.
- In violation of these Terms or any other rules or policies posted by us on the Services.
- To reverse engineer any portion of the Services.
- To modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services, except as expressly authorized by ELSV.
- To remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services.
- To record, process, harvest, collect, or mine information about other users.
- To access, retrieve, or index any portion of the Services for the purposes of constructing or populating a searchable database.
- To use any robot, spider, or other automatic device, process, or means to access the Services for any purpose.
- To use the Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature.
- To use the Services to violate the security of any computer network, crack passwords, or security encryption codes.
- To remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Services.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- To attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- To otherwise attempt to interfere with the proper working of the Services.
4.3 Suspension or Termination of Access. If we determine (or reasonably believe) that you have breached the acceptable use terms set out in Section 4.2 above or (i) are using our Services for any unlawful purpose or deceptive purpose; (ii) pose a threat to us or our other users; or (iii) are violating the intellectual property rights of ELSV or any third party, we reserve the right to suspend or permanently bar you from accessing our Services. We may further notify relevant third parties, including law enforcement as applicable. Unauthorized or other misuse of the Services may result in criminal and/or civil prosecution under federal state, and local law or applicable regulations. If you become aware of misuse of our Services, please contact us at email@example.com.
Intellectual Property Rights
5.1 Services IP. Intellectual property rights, titles, and interests in and to all text, images, graphics, logos, button icons, photographs, video and audio files, data associated with the Site and any other portion of the Services and the selection, arrangement, structure, coordination, and “look and feel” thereof as well as the ELSV and How to Do the Pot name and logo belong to ELSV, its licensors, or other content suppliers (“Services IP”). Unless otherwise expressly authorized herein or by ELSV in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, creative derivative works from, modify, sell, resell, exploit, transfer, or upload the Services IP or any portion thereof.
5.2 License to Services IP. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Services IP solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by ELSV, its licensors, or other content suppliers.
5.3 User Content. With respect to any content or other materials you upload through the Services or share with other users (“User Content”), you represent and warrant that you own all right, title, and interest in and to such content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violating any third party’s rights. You understand and agree that any liability, loss, or damage arising from or relating to any User Content that you post, upload, link to, or otherwise make available via the Service is solely your responsibility. By uploading User Content, you hereby grant ELSV a non-exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute, store, modify, and otherwise use your User Content in any and all media, form, medium, technology, or distribution methods now known or later developed and for any and all purposes.
5.4 Rights of Publicity. You also grant to us permission to use your name, voice, likeness, and User Content in the promotion of our Services, in the form of testimonials or showcased users of the Service, and other reasonable promotional activities.
5.5 Feedback. From time to time, you may provide us with comments, suggestions, or ideas for enhancements or improvements, including new features, materials, and other content (“Feedback”). ELSV shall have the full, unencumbered right, to use, incorporate, and otherwise fully exercise and exploit any such Feedback, for any purpose, commercial or otherwise, without notice to you or acknowledgement or compensation to you.
5.6 Complaints and Copyright Takedown Requests. If you believe your intellectual property is being violated via our Services, please submit a complaint and request for takedown of specific material to firstname.lastname@example.org. Be sure to provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Site and the material you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying ELSV that your copyrighted material has been infringed. The preceding requirements are intended to comply with ELSV’s rights and obligations under the Digital Millennium Copyright Act (DMCA), including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, ELSV has adopted a policy of blocking, in appropriate circumstances, users who are deemed to be repeat infringers. ELSV may also in its sole discretion limit access to the Site or any other portion of the Services for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Links to Other Websites and Third-Party Content
Consent to Receive Communications in Electronic Form
For all notices and communications relating to these Terms, you (i) consent to receive communications from us in electronic form via the email you have submitted; and (ii) agree that these Terms (including all updates thereto), agreements, notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including to (i) respond to your requests, inquiries, comments, and suggestions; and (ii) to communicate with you about products, services, offers, promotions, and events we offer and provide news and information we think will be of interest to you. You can opt out of receiving our promotional communications at any time by following the instructions included in those communications or by contacting us at email@example.com.
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL SERVICE IP MADE AVAILABLE VIA THE SITE OR OTHER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WHILE REASONABLE EFFORTS HAVE BEEN MADE TO ENSURE SUCH MATERIALS ARE ACCURATE AND RELIABLE WHEN POSTED, THE MATERIALS MIGHT NOT BE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. ALL CONTENT IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTIES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE), IN RESPECT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE OR MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO GUARANTEE THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ELSV SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ELSV’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
You agree to release, indemnify, and hold harmless ELSV against all losses, damages, expenses (including reasonable attorney’s fees, rights, claims, actions of any kind and injury (including death) made or brought against us by a third party arising out of (i) your breach of these Terms; (ii) your violation of applicable laws; (iii) your violation of the rights of any third party, including intellectual property rights; and (ii) your negligence or willful misconduct.
Limitation of Liability
ELSV ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH (I) CONTENT POSTED BY ANY USER OR OTHER THIRD PARTY, (II) ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICES INTEGRATED IN, LINKED TO, OR OTHERWISE ACCESSIBLE THROUGH THE SERVICES, OR (III) THE QUALITY OR CONDUCT OF ANY THIRD PARTY OR OTHER USER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELSV WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT ELSV SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW.
BINDING ARBITRATION: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
11.1 Agreement to Binding Arbitration Between You and ELSV. Except as expressly provided below in Section 11.2, you and ELSV agree that any dispute, claim or controversy in any way arising out of or relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Services at any time; (iii) incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Services, whether the dispute, claim or controversy occurred or accrued before or after the date you agreed to the Terms; or (iv) your relationship with ELSV, will be settled by binding arbitration between you and ELSV, and not in a court of law (“Arbitration Agreement”). This Arbitration Agreement survives after your relationship with ELSV ends.
You acknowledge and agree that you and ELSV are each waiving the right to a trial by jury or to bring or to participate as a plaintiff or class member in any class, purported class, collective, coordinated, consolidated, or representative proceeding. Rather, all such claims must be brought in arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.
YOU AND ELSV 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 ELSV 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). Nothing in this subsection or in this Arbitration Agreement more generally is intended to waive non-waivable rights under the Private Attorneys General Act, Cal. Lab. Code § 2698 et seq.
This Arbitration Agreement shall be binding upon and shall include any claims brought by or against any third parties, including, without limitation, your spouses, heirs, third-party beneficiaries and assigns, where their underlying claims are in relation to your use of the Services. To the extent that any third-party beneficiary to these Terms brings claims against the Parties; those claims shall also be subject to this Arbitration Agreement.
11.2 Exceptions to Arbitration. Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration in the following circumstances: (i) individual claims may be brought in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; (ii) you or ELSV may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents); and (iii) you may bring 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.
Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only. On an individual basis means that you cannot bring such claims as a class, coordinated, consolidated, collective, or representative action against ELSV. For the avoidance of doubt, this precludes you from bringing claims as or participating in any kind of any class, collective, coordinated, consolidated, representative or other kind of group, multi-plaintiff or joint action against ELSV and no action brought by you may be consolidated or joined in any fashion with any other proceeding. Where your claims are brought and litigated to completion on such an individual basis in a court of competent jurisdiction, ELSV agrees to honor your election.
The Parties’ agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision (including, without limitation, the waivers provided for in Section 11.1, which will continue to apply in court as well as in arbitration), or the enforceability of this Arbitration Agreement as to any other controversy, claim or dispute.
11.3 Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location.
The Parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including, without limitation, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including, without limitation, issues relating to whether these Terms are applicable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to a dispute, you and ELSV agree that the arbitrator will decide that issue.
Notwithstanding any choice of law or other provision in the Terms, the Parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the Parties to be bound by the provisions of the FAA for all purposes, including, without limitation, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and AAA Rules shall pre-empt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement then that issue shall be resolved under the laws of the state where you reside when you accept these Terms.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including, without limitation, sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.
11.4 Pre-Arbitration Dispute Resolution and Notification. Most customer concerns can be resolved quickly by emailing customer support at firstname.lastname@example.org. In order to resolve disputes amicably and cost effectively, we both agree to use good faith informal efforts to resolve disputes before entering into arbitration, including meeting personally and conferring, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you agree to also fully participate in the conference. The Party initiating the claim must give notice to the other Party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within sixty (60) days after the other Party receives such notice, unless an extension is mutually agreed upon by the Parties. To notify us that you intend to initiate an informal dispute resolution conference to email@example.com, providing your name, telephone number associated with your Account (if any), the email address associated with your account, a detailed description of your claim and the specific relief sought. In the interval between the Party receiving such notice and the informal dispute resolution conference, the Parties shall be free to attempt to resolve the initiating Party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the informal dispute resolution process required by this paragraph. If we do not resolve the claim within sixty (60) calendar days after the notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ELSV or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ELSV is entitled.
11.5 Initiating Arbitration. In order to initiate arbitration, a Party must provide the other Party with a written Demand for Arbitration and file the demand with AAA as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). A Party initiating an arbitration against How to Do the Pot must send the written Demand for Arbitration to 1308 Montgomery Street, San Francisco, CA 94133, Attention: Legal. The arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted. The arbitrator will be selected by the Parties from the AAA’s National Roster of Arbitrators. If the Parties are unable to agree upon an arbitrator after a good faith meet and confer effort, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
11.6 Location and Procedure. Unless you and ELSV otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and ELSV submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the Parties, consistent with the expedited nature of the arbitration.
11.7 Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An arbitrator’s decision shall be final and binding on all Parties. An arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. Either Party may seek an award of attorneys’ fees and expenses to the extent permitted under applicable law.
11.8 Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
11.9 Confidentiality. 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.
11.10 Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the Parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the Parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
11.11 Right to Opt Out of Arbitration Agreement. You may opt out of the Arbitration Agreement by notifying us in writing within thirty (30) days from the first date of your acceptance of the Terms. To opt out, you must send a written notification to us at 1308 Montgomery Street, San Francisco, CA 94133, Attention: Legal, that includes the following information: (i) your name, (ii) your address, (iii) your telephone number, (iv) your email address, and (v) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.
12.1 Survival. If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be, to the maximum extent possible, construed consistent with applicable law. The remaining portions shall remain in full force and effect. Any failure on the part of ELSV to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms to the extent necessary to give full effect to their intended purpose.
12.5 Notices. All notices permitted or required under these Terms must be sent in writing (i) if to you by us, then via email to any address you have provided, and (ii) if to us by you, then via firstname.lastname@example.org. Notices will be deemed given if (a) if to you, when emailed, and (b) if to us, on receipt by us.
12.6 Contact Us. If you have comments or questions or would like to report violations of these Terms, please contact us at email@example.com or 1308 Montgomery Street, San Francisco, CA 94133.