Terms & Conditions

Last modified: October 14, 2022

IMPORTANT LEGAL INFORMATION: PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE AND THE CONTENT MADE AVAILABLE THROUGH THE SERVICE.

IF YOU RESIDE IN THE U.S., THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT AND A CHOICE OF CALIFORNIA LAW (EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN).

Thank you for visiting our website at www.hello-sunshine.com (“Site”). This Site is owned and operated by Be Sunshine, LLC (“Sunshine” “we”, “us,” or “our”). Except as otherwise noted herein, these Terms and Conditions (“Terms”) govern your use of the Site and use of other interactive features, plug-ins, mobile websites, content, downloads, services, tools, and other online services that we own and control and that post a link to these Terms (collectively the “Service“). Please read these Terms carefully as they form a contract between you and Sunshine. By accessing or viewing the Site or participating in, or using any Service, you agree to these Terms. If you do not agree to these Terms, do not use the Site or the Service.

1. Updates to Terms.

Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on this Service. You consent and agree to receive notices of updates to these Terms through our posting of updated Terms on the Service. You should visit this page regularly to review the current terms. Your continued use of the Service will be deemed as irrevocable acceptance of any revisions. You should frequently check the home page and the email you associated with your account, if any, for notices, and you agree that the means set forth in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.

2. Legal Capacity/Age Requirement.

This is a general audience Service for adults. We will assume (and by using this Service you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

3. Use of the Service.

When you access the Service, you agree to comply with these Terms and any other policies or requirements posted on the Service. You agree to abide by all applicable laws, rules and regulations when registering for, accessing or using the Service, and may not engage in fraud or misuse of the Service or any conduct that is harmful or harassing to anybody.

Solely for Personal Use

You may browse this Site and all associated content solely for your personal use and enjoyment. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

Accuracy of Information as Condition to Site Access

To access parts of the Service offered, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of the Service that all the information you provide is correct, current, and complete. Our use of any such information is subject to the privacy standards set forth in our Privacy Policy.

Restricted Transmission

You agree not to use any device, software, or routine to interfere with the proper functioning of the Service. In using the Service, you may not:

Transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including images and language;
Transmit any message that constitutes, encourages, or incites conduct that would constitute a criminal offense or give rise to civil liability;
Transmit or solicit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder;
Transmit any information, software, or other material that contains a virus or other harmful component;
Use any software, tool, data, device, or other mechanism to navigate or search the Service, other than generally available browsers or the search engine provided by Sunshine;
Frame or utilize framing techniques to enclose any aspect of the Service, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or
Use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.

Other Restrictions

Additionally, you are prohibited from violating or attempting to violate any security features of the Service, including, without limitation:

Accessing content or data not intended for you or logging onto a server that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization;
Interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
Using the Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or
Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Service.

Any violation of system or network security may subject you to civil and/or criminal liability. We and our third-party partners reserve the right to restrict, block access to, suspend or terminate your use of the Service for any reason or no reason, without notice, at any time.

You acknowledge that we have no obligation to monitor your access to or use of the Service for violations of the Terms, or to review any content you submit to us. However, we have the right to do so for the purpose of operating and improving the Service (including, without limitation, for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with the Terms, and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body.

In addition, we reserve the right to change and improve the features and functionality of the Service at any time, which includes adding, modifying, or removing features and functionality of the Service, or updating how our the Service is provided.

4. Copyrights, Trademarks, and Other Proprietary Rights.

This Service (including past, present, and future versions) and all content, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, sound, or any other digital media incorporated by us on this Service (“Material”) are protected by copyrights, trademarks, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by us on this Service are also protected as registered or unregistered trademarks, trade names, and/or services marks owned by us or others (“Trademarks”). All right, title, and interest in and to the Material on this Service is the property of us or our licensors or certain other third parties, and is protected by U.S., Canadian, and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Nothing contained on this Service or these Terms serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or Copyrights owned by us or by any third party.

We respect the intellectual property rights of others and ask users of the Service to do the same. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (defined below) that you provide or transmit to us.

In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content.

Your Use of Material

Your right to make use of the Service and any Material appearing on it is subject to your compliance with these Terms. Modification or use of the Material for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.

Subject to your strict compliance with these Terms and any Additional Terms, you may access and display Material and all other content displayed on this Service for non-commercial, personal, entertainment use on a single computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device“) only and we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Material (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal Device for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Material, and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Material, subject to certain Additional Terms. The Material and all other content on this Service may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by us. Any authorization to copy Material granted by us in any part of this Service for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single device only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

5. Monitoring; Copyright Complaints.

Monitoring

You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material and content anywhere on this Site. Notwithstanding this right, we do not and cannot review all materials submitted to this Site. If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms and Conditions and determine whether to have the communication removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

Digital Millennium Copyright Act

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the below information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512 to [email protected]:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will respond quickly to notices of alleged copyright infringement that are duly reported to our Designated Copyright Agent. We will disable and/or remove access to the Service for users who are repeat infringers. While we consider all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyright material may constitute fair use), you may wish to seek the advice of an attorney.

6. Unsolicited Submissions, Feedback & User Content.

Unsolicited Creative Submissions/Communications

We do not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by us or our agents might seem to others to be similar to their own creative ideas, suggestions or materials. Our practice is that creative ideas, suggestions or materials are only accepted for consideration when requested by us and submitted by a franchised literary agent or production executive with whom we have established a working relationship, and from whom we have received an executed submission agreement. Our policy is to delete or discard any such unsolicited submissions/communications without reading or forwarding them.

Feedback and User Content

Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Service or us that you provide to us (but excluding your PII (as defined below)) (collectively, “Feedback”) is deemed to be our proprietary information. We may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Service, and we shall own all rights, title and interest in and to the Feedback and such improvements and modifications.

The Service may contain message boards, profiles, and other interactive features that allow users to post, submit, publish, display, or transmit content and materials, including, but not limited to, photos, videos, other creative transmissions (“User Content”). All User Content must comply with the standards set out in these Terms. By providing any User Content, you hereby grant to us and our affiliates, and each of their respective licensees, successors, and assigns a non-exclusive, irrevocable, unrestricted, perpetual, transferable, worldwide and royalty-free and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, and otherwise exploit the User Content for any purpose.

You represent and warrant that your User Content conforms to these Terms and that you own or have the necessary rights and permissions including, without limitation, all copyrights, other intellectual property rights, music rights and likeness rights (with respect to any person) contained in the User Content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Content in all manners contemplated by these Terms; and you agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your User Content resulting from your breach of these Terms. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.

The terms “Feedback” and “User Content” do not include any personally identifiable information, such as your name and e-mail address (collectively, “PII”) that you may provide to us, and which is subject to the privacy standards set forth in our Privacy Policy. To access parts the Service, you may be asked to provide certain information, including, but not limited to, PII. It is a condition of your use of the Service that all the information you provide, including, but not limited to, PII, is correct, current and complete.

7. Third Party Links and Retailers.

We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) that are not affiliated with us and may be located in different countries and that may subject to different regulatory and other legal requirements. We have not reviewed all of the Third-Party Sites linked to this Site and are not responsible for the contents of or any products or services offered in such Third-Party Sites. Access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the resources, products, or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites or retailers. Likewise, we are not the seller of products purchased from such retailers and are in no way responsible for shipping their products (“Third Party Products”). Complaints, claims, concerns, or questions regarding Third Party Products should be directed to the third party.

While we may provide links and locations of participating retailers and vendors who sell products on-line, we cannot control the completion or validity of the transactions of such retailers and vendors or the content of their Third-Party Sites. These Third-Party Sites and store locations are only for your convenience and therefore you access them at your own risk. However, we seek to protect the integrity of this Site and the links placed upon it. We therefore welcome any feedback on not only our own Site, but also Third-Party Sites and retailers we link to and/or identify on our Site (e.g., if a specific link does not work).

8. Contests, Sweepstakes, and Promotions.

Contests, sweepstakes and other similar promotions that you enter on the Site or in connection with an integrated third-party website, service, application, platform, and/or content (“Promotions”) may be subject to official rules and/or conditions that are supplemental to these Terms, and which may provide details governing the Promotion such as eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in any Promotion, please first review the applicable official rules and/or conditions which can be found here. If a Promotion’s official rules and/or conditions conflict with these Terms, the provisions contained in the official rules and/or conditions govern and control the Promotion. Your entry to a Promotion constitutes User Content and is subject to all provisions of these Terms that govern your submission and our use of your User Content.

9. Site Updates.

We will not be liable if, for any reason, all or part of the Service is ever unavailable. From time to time, we may restrict access to all or some of the Service. We undertake no obligation to update, amend, or clarify information on the Service, except as required by law. No specified update or refresh date applied on the Service should be taken to indicate that all information on the Service has been modified or updated. Please remember when reviewing information on the Service that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on the Service to become inaccurate or incomplete.

On occasion, information on the Service may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to special offers. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information if any information on the Service is inaccurate.

10. Disclaimer of Warranties.

THIS SERVICE AND THE INFORMATION, GRAPHICS, AND MATERIALS ON THIS SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (1) WARRANTIES OF MERCHANTABILITY, (2) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND (3) WARRANTIES AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SERVICE, INCLUDING, BUT NOT LIMITED TO, THE SERVICE’S INFORMATION, GRAPHICS, AND/OR OTHER MATERIALS WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SERVICE, INCLUDING, BUT NOT LIMITED TO, THE HARDWARE AND INFRASTRUCTURE THAT MAKE IT AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SERVICE OR THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. NOTE THAT SOME JURISDICTIONS, SUCH AS THE STATE LAW OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

IF YOU ARE ACCESSING A UNITED KINGDOM VERSION OF THE SERVICE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS, OR EMPLOYEES.

11. Limitation of Liability.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SERVICE, EVEN IF WE (OR OUR AUTHORIZED REPRESENTATIVE(S)) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED $100.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR DAMAGES AND THE DAMAGES OF OUR AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

12. Indemnification.

You agree to indemnify, defend, and hold harmless us, our subsidiaries and affiliates, and our and their members, managers, officers, directors, employees, agents, licensors, retailers, and suppliers (collectively, the “Service Providers”) from and against all claims (whether or not such claims are merely alleged or otherwise), losses, expenses, damages, and costs, including reasonable attorneys’ fees, costs, and expenses resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

13. Privacy.

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your use of this Site.

14. Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.

15. Notices.

We may send you responses or notices by e-mail, posting to the Service, or written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. Governing Law.

These Terms and your use of the Service shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of California, U.S.A., without giving effect to any principles of any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the laws of any jurisdiction other than those of the State of California to apply.

17. Jurisdiction.

The Service, Site, Materials, and incentives are intended to comply with U.S. state and federal laws and regulations. If you are a non-U.S.-based user, be advised that other countries may have laws, regulatory requirements that are different from those in the U.S.

18. Timing of Claims.

Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises.

19. Arbitration and Venue.

Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, including in Los Angeles, California, and you consent to jurisdiction and venue in such courts in Los Angeles, California. In the event that the parties are unable to informally resolve any controversy, claim or dispute arising out of or related to these Terms, or the interpretation, performance or breach thereof, including but not limited to, alleged violations of state or federal statutory or common law rights or duties and the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), such Dispute shall be submitted to confidential final and binding arbitration pursuant to the substantive and procedural provisions of the Federal Arbitration Act and shall be initiated in the Los Angeles office of JAMS or its successor according to either the JAMS Streamlined or JAMS Comprehensive Arbitration Rules and Procedures. The arbitrator, who shall be a former or retired judge of any California state or federal court with experience in matters involving the subject matter of the Dispute, shall follow California substantive law and the Federal Rules of Evidence in adjudicating the Dispute. The Parties agree that the arbitration proceedings, testimony, discovery and documents filed in the course of such proceedings, including the fact the arbitration is being conducted, shall be treated as strictly confidential and will not be disclosed to any third party. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear his, her or its own costs and legal fees, costs, and expenses.

Final Arbitration

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.

Class Action Waiver

To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

20. Miscellaneous.

Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with our Privacy Policy and our Contest, Sweepstakes, and Giveaway Rules, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Some people who endorse our content may receive consideration for their endorsement.

21. California Use Only.

The Service is controlled and operated by us from our offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Service should not be construed as us purposefully availing ourselves of the benefits or privileges of doing business in any state or jurisdiction other than California. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms remain in full force and effect.

22. Notice For California Users.

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. We may be contacted via email at [email protected].

23. Questions. If you have any questions or comments regarding these Terms and Conditions, our Privacy Policy, or this Site, please feel free to contact us by e-mail at [email protected].