Terms and Conditions of Use

1. 1. AMENDMENTS OR MODIFICATION OF THE TERMS OF USE.
   GRACE DEBT RELIEF RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT ITS DISCRETION. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THESE TERMS, WHICH WILL BE NOTED BY THE "LAST UPDATED" DATE HEREIN, SUPERSEDES ALL PREVIOUS VERSIONS. REGARDLESS OF WHETHER OR NOT YOU REVIEWED THE CHANGES TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOUR CONTINUED USE OF ANY PART OF THIS SITE OR ANY FEATURE ON OUR SITE CONSTITUTES YOUR ACCEPTANCE TO ALL TERM CHANGES TO THIS AGREEMENT. IN THE EVENT TO A CHANGE TO THE ARBITRATION TERMS, YOU UNDERSTAND THAT SUCH CHANGES WILL NOT BE APPLICABLE RETROACTIVELY, SO THE VERSION WITH "LAST UPDATE" AT THE TIME OF YOUR DISPUTE AROSE SHALL APPLY TO YOUR ARBITRATION OBLIGATIONS.
2. 2. NO UNLAWFUL OR PROHIBITED USE.
   As a condition of your use of the Sites, you warrant to Grace Debt Relief that you will not use the Sites for any purpose which is fraudulent, deceptive, harmful, without authority, unlawful, prohibited by law and/or regulation, or is prohibited by these Terms. You may not use the Sites in any manner which could damage, disable, overburden, negatively impact or impair the Sites or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
3. 3. TERMINATION / ACCESS RESTRICTION.
   You agree that Grace Debt Relief, in its sole discretion, may terminate your access to the Sites without prior notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with these Terms and Agreement in any manner whatsoever, in our sole discretion. YOU AGREE THAT GRACE DEBT RELIEF SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITES.
4. 4. COMMUNICATIONS AND FEEDBACK.
   Grace Debt Relief welcomes your feedback and suggestions about its programs or services or with respect to how to improve the Sites. By transmitting any suggestions, information, material, or other content (collectively, "Feedback") to Grace Debt Relief, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Grace Debt Relief and enable Grace Debt Relief and/or the Sites to make any and all use of your feedback deemed necessary to its business. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Grace Debt Relief and/or the Sites to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. You agree that when providing Feedback, you will not under any circumstances: (i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (ii) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; (iv) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (v) Advertise or offer to sell or buy any goods or services for any business purpose; (vi) Conduct or forward surveys, contests, pyramid schemes or chain letters; (vii) If available to view feedback of others, you are prohibited to make use of other's feedback and information; (viii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of the Feedback provided; (ix) Harvest or otherwise collect information about others, including e-mail addresses, without their consent; (x) Violate the Terms under this Agreement and/or the terms of this Site's Privacy Policy; or (xi) Violate any applicable laws or regulations.
5. 5. COPYRIGHT AND TRADEMARKS.
   Grace Debt Relief's logo and Sites are trademarks, trade names or service marks of Grace Debt Relief. Grace Debt Relief may provide pages on the Sites relating to third party service providers or affiliates. All other trademarks and service marks presented on the Site are the property of their respective owners, and Grace Debt Relief has obtained permission to use them as part of the Sites. You are not permitted to use any trademark or service mark displayed on the Sites without the prior written consent of Grace Debt Relief or the owner of such trademark or service mark. You acknowledge and understand that you have no rights to any trademarks, service marks, and copyrights on our Sites. No portion of the Material on the Sites may be reprinted or republished in any form without the express written permission of Grace Debt Relief or, with respect to third party content, its respective owner. You may download Material from the Website your own personal, non-commercial use only, provided you do not modify the Material and keep intact all copyright and other proprietary notices. You may not further distribute or display such Material for any purpose. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Sites for any purpose; or (d) frame the Sites, place pop-up windows over its pages, or otherwise affect the display of its pages.
6. 6. DIGITAL MILLENNIUM COPYRIGHT ACT.
   In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) ("DMCA"), Company will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Website has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:
   1. a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
   2. identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
   3. identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
   4. information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
   5. a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
   6. a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.
   Grace Debt Relief's designated agent for the written notification of claims of copyright infringements can be contacted at the following e-mail [email protected], or by mail at the following: Grace Debt Relief Designated Agent, Copyright Infringement Claims 4879 Viewridge Avenue, San Diego, CA 92123 E-mail: [email protected]
7. 7. LIABILITY DISCLAIMERS & LIMITATION OF LIABILITY.

   YOU EXPRESSLY AGREE THAT USE OF THE SITES ARE AT YOUR OWN AND SOLE RISK. THE MATERIAL PROVIDED ON THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, GRACE DEBT RELIEF DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITES, ANY USE OF THE SITES, ANY SITES TO WHICH THE SITES ARE LINKED, OR OUR SERVICES TO THE EXTENT PERMITTED BY LAW. GRACE DEBT RELIEF DOES NOT WARRANT THAT THE MATERIAL ON THE SITES ARE COMPLETE OR ACCURATE, THAT USE OF THIS SITE OR SITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR SERVER OR ANY MATERIAL ON THE SITES FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED).

   YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL GRACE DEBT RELIEF, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS SITE, THE SERVICES MARKETED ON THE SITE, OR THE MATERIAL, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE MATERIAL, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITES OR TERMINATING YOUR SERVICES WITH US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT GRACE DEBT RELIEF MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

8. 8. RESPONSIBILITY FOR YOUR FINANCIAL DECISIONS.
   YOU AGREE THAT YOU ARE TO EXAMINE THE INFORMATION PROVIDED AND CONDUCT YOUR OWN RESEARCH OF WHETHER THE SERVICE MARKETED ON OUR SITES FIT YOUR FINANCIAL SITUATION. WE ARE NOT AN AGENT OR ADVISOR TO YOU. IT IS YOUR RESPONSIBILITY TO INVESTIGATE SERVICES YOU ARE CONSIDERING AND WE URGE YOU TO OBTAIN THE ADVICE OF QUALIFIED PROFESSIONALS (SUCH AS TAX ADVISOR, ACCOUNTANT, LAWYER, ETC.) WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE YOU MAKE ANY FINANCIAL DECISIONS. BY INTERACTING WITH ANY SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU SOLELY RELY ON YOUR OWN JUDGMENT AND THAT OF YOUR OWN ADVISORS IN SELECTING ANY PRODUCTS OR SERVICES OFFERED BY HEREIN.
9. 9. INDEMNIFICATION OBLIGATION.
   You agree to defend, indemnify and hold Grace Debt Relief and its officers, directors, shareholders, employees, independent contractors, agents, representatives, technology partners and affiliates harmless from any and against all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) arising from or relating to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete, and current personally identifiable information ("PII") or personal financial information ("PFI") in response to any request form on our Sites, through a tool or software on our Sites; (iii) your access or use of Services through our Sites; (iv) access to our Site or use of our Services; (v) your transmissions, submissions or postings of feedback (i.e., your own User Generated Content); and/or (vi) the Services you receive from any of the third party service providers to which you were referred by us.
10. 10. GENERAL TERMS.
    A. Governing Law, Jurisdiction, Venue; Waiver of Class and Mass Action and Jury Trial.

    This Agreement is governed by the laws of the State of California, without regards to any choice of law provisions or principles. Should you properly and timely opt out of Arbitration, you hereby consent to the exclusive jurisdiction and venue of state or federal courts sitting in San Diego, California, in all disputes arising out of or relating to the use of the Sites. If you did not opt out of Arbitration, please see the Arbitration agreement in section 11 below for the applicable law and jurisdiction governing your arbitration. You and we agree to submit to the personal jurisdiction of the courts located within San Diego, California, for the purpose of litigating all such claims or disputes. SHOULD YOU PROPERLY AND TIMELY OPT OUT OF ARBITRATION, YOU, NONETHELESS, UNDERSTAND THAT EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT MUST BE BROUGHT IN INDIVIDUAL CAPACITY, AND NOT AS PART OF ANY MASS OR CLASS LITIGATION, AND THAT SUCH CLAIM IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.
    B. Relationship of the Parties.

    You agree that no joint venture, independent contractor, partnership, employment, or agency relationship exists between you and Grace Debt Relief as a result of this Agreement or use of the Sites.
    C. Third Party Content.

    Company may distribute content supplied by third parties on the Website. Any opinions, advice, statement, services, offers, or other information or content expressed or made available by third parties, including information providers or any other user of the Website, are those of the respective author(s) or distributor(s) and not of Grace Debt Relief.
    D. Links to Third Party Sites.

    The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Grace Debt Relief and Grace Debt Relief is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Grace Debt Relief is not responsible for webcasting or any other form of transmission received from any Linked Site. Grace Debt Relief is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Grace Debt Relief of the site or any association with its operators.
    E. Privacy.

    Information that you provide to us or that we collect about you when visiting the Sites will be treated in accordance with our Privacy Policy available to you on the Sites.
    F. Access to Password Protected or Secure Areas.

    Access to and use of password protected or secure areas of the Website, if any, are restricted to authorized persons only. Anyone accessing or who attempts to access such areas without authorization may be subject to prosecution.
    G. Applicability of Laws.

    Grace Debt Relief's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Grace Debt Relief's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Grace Debt Relief Sites or any information provided to or gathered by Grace Debt Relief with respect to such use. Use of the Grace Debt Relief Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
    H. Severability.

    If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
    I. English Language Govern Agreement.

    You acknowledge and agree that the text of this Privacy Notice, including any and all linked pages or other page Sites, have been written, and are offered, in both English and Spanish. Each version is authentic. In the event of any dispute regarding this Privacy Policy, however, the English version shall be given priority of interpretation and shall therefore be controlling. Additionally, all notifications shall be provided by one party hereunder to the other party in the English language. You may request a copy of this Privacy Notice in Spanish for your records.
    J. Entire Agreement.

    Unless otherwise specified herein, this Agreement, along with our Privacy Policy, any Notices and Disclosures on our Site, which are incorporated herein by reference, together constitute the entire agreement between the You and Grace Debt Relief with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Grace Debt Relief with respect to the Grace Debt Relief Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be drawn up in English despite having these terms in translated to other languages.
11. 11. DISPUTE RESOLUTION BY BINDING ARBITRATION [IMPORTANT NOTICE WAIVING YOUR RIGHT TO BRING A CLAIM BEFORE A JUDGE OR JURY IN COURT].
    In the event of any controversy between you and Grace Debt Relief, including any of the affiliates of Grace Debt Relief (including Restart CR), including but not limited to any demand, claim, suit cross claim, counterclaim, or third-party complaint or dispute, whether contractual, statutory, in tort or otherwise arising out of, or in any way relating, to our relationship, including but not limited to this Agreement, our Privacy Policy, Site Disclaimers, use of the Sites, the information on Sites, Grace Debt Relief's TCPA consent form or alleged TCPA violation, or the breach, termination, enforcement, interpretation, or validity of the Agreement or its performance, including any determination of the scope, enforcement, arbitrability of the claims, or applicability of this provision to arbitrate, shall be resolved by binding arbitration in the nearest metropolitan area to the county in which you reside, or at such other location upon which the parties may agree upon. This agreement to arbitrate shall be governed exclusively by the Federal Arbitration Act ("FAA"), 9 U.S.C. §1 et sec., which shall govern the interpretation and enforcement of our mutual agreement to arbitrate, and not by any state rule or statute governing arbitration and without regards to any state arbitration law. This agreement to arbitrate shall survive termination of the Agreement. The Parties agree to the following Arbitration Terms:
    A. The Arbitration shall be administered by the American Arbitration Association ("AAA") (www.adr.org), the Judicial Arbitration Mediation Services ("JAMS"), or another nationally known consumer arbitration service agreed by the parties in the event AAA and JAMS no longer conduct consumer arbitrations. The Party who intends to seek arbitration must first send to the other Party a written Notice of Dispute before filing it with the arbitration service provider. The Notice must describe both the nature and basis of the dispute; and the specific relief sought. Any notice shall be deemed to have been given and received for all purposes when delivered by hand, a day after receipt through a nationally recognized overnight courier, or a day after being received through certified or registered mail, postage and charges prepaid, return receipt requested, to us at: Grace Debt Relief, Attn: Legal Department, 4879 Viewridge Avenue, San Diego, CA 92123.
    B. Commencement and Rules of Arbitration.

    If we do not resolve a claim within 30 days after receipt of the Notice, the party sending the Notice may commence an arbitration proceeding with the AAA, JAMS, or another national arbitration provision if AAA or JAMS are unavailable, by filing a Demand of Arbitration in effect at the time the action is commenced. If you choose to file with the AAA, you may download or copy the form to initiate arbitration from the following website: http://www.adr.org/consumer. The AAA shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the AAA shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes ("AAA Rules"), except for Mass or Class Arbitration rules. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. If you choose to file with JAMS, you may download or copy the form to initiate arbitration from the following website: https://www.jamsadr.com/adr-forms. JAMS shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the JAMS shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Consumer Arbitration Minimum Standards ("JAMS Rules"), except for Mass or Class Arbitration rules. In the event another arbitration service is provided, the parties agree to follow the rules and principles of that arbitration service, except as to any rights to Mass or Class Arbitration rules which the Parties expressly agree will not apply.
    C. The Arbitrator.

    The selected arbitrator shall be either a retired judge or an experienced attorney, shall be neutral and independent, and shall comply with the selected arbitration service's code of ethics. The Arbitrator shall conduct the arbitration in a civil manner and ensure civility of the parties while making their arguments. Additionally, in conducting the arbitration hearing, in addition to the selected arbitration service rules, the arbitrator shall be guided by the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and California substantive law, and in case of a federal law based claim the applicable federal law at issue.
    D. The Arbitration Award.

    The Arbitrator shall issue a written reasoned award in which the arbitrator shall address the claims, defenses, evidence presented, and legal reasoning in making his decision. If the Arbitrator determines that reasonable attorney fees and costs may be awarded under applicable law, the parties agree that the arbitrator will also determine the amount of reasonable attorneys' fees to be awarded. Any award rendered by the arbitrator shall be final and binding and shall not be subject to vacation or modification, except as expressly permitted by the Federal Arbitration Act. Judgment on the Arbitration Award may be entered in the jurisdiction in which the arbitration was commenced or in any court having jurisdiction over the Party against whom judgment is to be entered.
    E. Waiver of Right to Bring Mass or Class Actions. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported mass, class, or other representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
    F. Limitation on Injunctive Relief:

    The arbitrator may award injunctive relief only in favor of an individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
    G. Costs of Arbitration

    Payment of all filing, administration and arbitrator fees will be governed by the selected arbitration service rules. Each party shall bear its own attorneys’ fees, if any, unless such fees are expressly provided for by applicable law. If a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator’s award, or fails to comply with the Arbitrator’s award, the other party shall be entitled to costs of suit, including reasonable attorneys’ fees for having to compel Arbitration or defend or enforce the award.
    H. Arbitration Opt-Out.

    YOU MAY OPT-OUT OF THE TERMS OF THIS ARBITRATION PROVISION BY PROVIDING GRACE DEBT RELIEF WITH NOTICE IN WRITING WITHIN THIRTY (30) DAYS OF FIRST USING OUR SITE. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing either by U.S. mail delivered to: Grace Debt Relief, Attn: Legal Department, 4879 Viewridge Avenue, San Diego, CA 92123 or by email delivered to [email protected]. You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this agreement to arbitrate.
    I. WHAT DOES ARBITRATION MEAN? BY AGREEING TO ARBITRATION, WE BOTH ACKNOWLEDGE AND AGREE THAT WE ARE EACH: (I) WAIVING THE RIGHT TO PURSUE ANY OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, INCLUDING, BUT NOT LIMITED TO, A COURT ACTION OR ADMINISTRATIVE PROCEEDING, (II) WAVING THE RIGHT TO PARTICIPATE IN ANY CLASS OR MASS ACTION, (III) WAVING THE RIGHT TO A TRIAL BY EITHER A JUDGE OR JURY, AND (IV) GIVING UP ANY RIGHT TO APPEAL THE ARBITRATOR’S DECISION, EXCEPT FOR A LIMITED RANGE OF APPEALABLE ISSUES EXPRESSLY PROVIDED IN THE FAA. THIS SECTION IS CONSIDERED BY THE PARTIES TO BE AN INTEGRAL AND NON-VOIDABLE REQUIREMENT AND PART OF THIS AGREEMENT, AND THE PARTIES AGREE THAT PRIOR TO SIGNING THIS AGREEMENT INCLUDING AGREEING TO THIS SECTION THEY: (1) HAVE HAD THE OPPORTUNITY TO REVIEW SUCH CAREFULLY, INCLUDING WITH THEIR OWN LEGAL COUNSEL IF NEEDED, (2) THE PARTIES UNDERSTAND THE LIMITATIONS ON LEGAL RIGHTS CONTAINED IN THIS SECTION INCLUDING, BUT NOT LIMITED TO, THE WAIVER OF JURY TRIAL, THE WAIVER OF COURT PROCEEDING AND CLASS ACTIONS, AND (3) THE PARTIES CONSENT AND AGREE THAT THIS SECTION IS FAIR, REASONABLE, REPRESENTS THE INTENTIONS OF EACH PARTY AT THE TIME OF ENTRY INTO THIS AGREEMENT, AND SHOULD NOT BE SET ASIDE LATER FOR ANY REASON BY ANY COURT. THIS SECTION AND THE ARBITRATION REQUIREMENT SHALL SURVIVE TERMINATION. NOTWITHSTANDING ANY PROVISION IN THE AGREEMENT TO THE CONTRARY, YOU AND WE AGREE THAT IF WE MAKE A CHANGE TO THIS AGREEMENT TO ARBITRATE IN THE FUTURE, THAT CHANGE SHALL NOT APPLY TO A CLAIM THAT WAS FILED IN A LEGAL PROCEEDING BETWEEN YOU AND US PRIOR TO THE EFFECTIVE DATE OF THE CHANGE.
    12. Contact Us

    You may contact us at the following if you have any questions or concerns related to these Terms, please contact us by email to [email protected]. You may also contact us by mail at 4879 Viewridge Avenue, San Diego, CA 92123, or by phone at 800-665-9575. YOU MAY DOWNLOAD A PDF VERSION OF THIS PRIVACY POLICY BY CLICKING HERE, WHICH WE ENCOURAGE YOU TO SAVE IN YOUR RECORDS, AND CHECK FOR UPDATE FROM TIME TO TIME