TERMS OF SERVICE
Date last revised: December 10, 2017
These Terms provide that all disputes between you and us will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court), INCLUDING CLASS ACTION LAWSUITS. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 17 below for the details regarding your agreement to arbitrate any disputes with Katy Hearn.
Katy Hearn Service Overview.Katy Hearn provides an App that provides suggested workout and nutrition programming. The Service is meant only to assist you and does not provide any Medical or nutritional advice. The Service is intended only to assist you in your fitness goals and decision making from a high level, generalized perspective. You acknowledge that your personal fitness circumstances, including nutrition, are unique, and that before any information, advice, recommendations or other content you obtain through the Service is implemented or acted upon, you should obtain the advice of a medical doctor, registered dietician, or other professional who is aware of your personal fitness circumstances.
You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
Access to the Service, or to certain features of the Service, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in U.S. Dollars and are nonrefundable. We may change the fees for the Service or any feature of the Service, including by adding additional fees or charges, on a going forward basis at any time. We will charge the payment method you specify at the time of purchase. You authorize us to charge all sums described herein to such payment method. If you pay any applicable fees with a credit card, we may seek preauthorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You further agree that you may choose to make automatic monthly payments.
Accounts and Registration.
4.1 To access the Service, you must register for an account. When you register you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at [email protected].
4.2 In order to make full use of the Service you will need to link your account on the Service with accounts you maintain at third party health information gatherers that have records of your health and fitness history (“Health Information History”). We contract with third parties or request your permission to access your Health Information History through the login and password information you provide to us for a given third party. In order to provide you with the Service, we store your Health Information History in our databases. Please be aware that any stored Health Information History may be subject to corruption of data, loss of personalized settings or other interruptions in availability. In addition, any Health Information History is only as accurate as the information provided to us by our third party providers, which may not necessarily reflect your Health Information History as actually occurred or as otherwise provided to you.
5.1 We respect other people’s rights and expect you to do the same.
5.2 You will not post content or take any action that infringes or violates the rights of others or otherwise violates the law.
5.4 If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5.5 If you infringe other people’s intellectual property rights, we will disable your account when appropriate.
5.6 You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
5.7 You will not post anyone’s identification documents or sensitive financial information on the Services.
5.8 You will not tag users or send email invitations to non-users without their consent.
Alerts and Notices.
5.1 From time to time we may issue notices or alerts (“Alerts”) to you, or you may choose to set up voluntary Alerts based on certain criteria, to the extent made available by the Service. Automatic Alerts may be sent to you in certain situations, e.g., changes in your registration information. Any voluntary Alerts may be created or deactivated by you pursuant to customizations and preferences chosen by you. We may add or delete categories of Alerts from time to time.
5.2 Alerts may be sent to your e-mail address, and, based upon your preferences, communicated by additional means, such as, pop-up notices (“Pushes”) on your mobile device. Since alerts may include account number, health information or other sensitive data, please be aware of the methods you choose for receipt of Alerts.
5.3 Please be aware that any Alerts may be delayed or prevented from being delivered to you for a variety of reasons. Therefore, we do not guarantee the accuracy or timely arrival of any Alerts.
Mobile Device Usage.
Use of the Services may be made available through a browser on a mobile device or through an application running on a mobile device. You are solely responsible for all costs incurred by you with respect to your usage of the Services on a mobile device, including data usage fees and other telecommunications fees. You understand and agree that if you do not accept certain requirements for our Services (i.e. you do not allow us to send you text messages), that certain portions of the Services may be unavailable to you.
When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages using an autodialer to the number you provide, and that your consent for us to send you text messages is not a condition of purchasing any Katy Hearn Service. Not all carriers may be included within our text messaging programs. You are free to opt-out of receiving text messages from us at any time. Please see any additional instructions provided to you at the time you sign up.
BY USING THE SERVICE YOU AGREE NOT TO:
7.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
7.2 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights, particularly the rights of Katy Hearn to its intellectual property, which includes copyrights to its workout and nutrition guidance;
7.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by us;
7.4 interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
7.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Service; (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
7.6 perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
7.7 sell or otherwise transfer the access granted herein or any Materials (as defined in Section 12 below) or any right or ability to view, access, or use any Materials;
7.8 provide Health Information to us that you do not have the authority to provide; or,
7.9 attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section.
Third-Party Services and Offers; Linked Websites.
We may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account with us with an account on a third party service, such as Twitter, Facebook, or other applications, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to and from the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
Termination of Use; Discontinuation and Modification of the Service.
If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, we, in our sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at [email protected]. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
10.2 Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Terms”), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service or additional services. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
Changes to the Terms.
We reserve the right, at our discretion, to change these Terms at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.
Ownership; Proprietary Rights; Feedback.
12.1 The Service is owned and operated by Katy Hearn. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by us are protected by all relevant intellectual property, proprietary rights, and applicable laws. All Materials contained in the Service are the property of us or our third-party licensors. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms. For any Katy Hearn Service that enables you to use any software, Materials, content, or other feature owned by Katy Hearn and ONLY AFTER YOU BECOME A VALIDLY AUTHORIZED USER, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Katy Hearn Service, and any related software, content, or other Materials for YOUR PERSONAL, NON-COMMERCIAL USE ONLY.12.2 You may provide us with, or we may solicit your feedback, ideas, or suggestions with respect to the Services, and you hereby grant to us a perpetual, worldwide, fully transferrable, sub-licensable, full-paid up, irrevocable, royalty free license to use such feedback in future modifications of the Service, other products or services, or marketing or materials. We will not, however, disclose such feedback in a way that would identify you without obtaining your permission.
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Katy Hearn and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Katy Hearn Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of the Site or Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
Disclaimers; No Warranties.
14.1 THE SITE, APP, SERVICE, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE AND SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. KATY HEARN SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, APP, SERVICE, AND ALL MATERIALS AND CONTENT SUPPLIED BY KATY KEARN, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. KATY HEARN DOES NOT WARRANT THAT THE SITE, APP, OR SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, ACCURATE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.WE DO NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES OF ANY OFFERS WHICH MAY BE MADE AVAILABLE TO YOU THROUGH THE SERVICES, AND WE ARE NOT AN AGENT OR BROKER OF SUCH OFFER PROVIDERS. ANY AND ALL FINANCIAL INFORMATION THAT WE RECEIVE FROM THIRD PARTIES OR YOU IS NOT VERIFIED BY US FOR ACCURACY OR ANY OTHER REASON.YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14.2 If you access any Katy Hearn Service using an Apple iOS or other third party device, you acknowledge that each of those third party companies, such as Apple Inc. (each, “App Provider”), will not be responsible for any damages arising out of the failure of a Katy Hearn Service to operate as intended.
When accessing any Katy Hearn Services by or through an App Provider, you acknowledge and agree that: (i) these Terms are concluded between you and Katy Hearn, and not with the App Provider, and that we are solely responsible for any Katy Hearn Services (such as mobile applications), and not the App Provider; (ii) the App Provider has no obligation to furnish any maintenance and support services with respect to any Katy Hearn Services; (iii) in the event of any failure of the Katy Hearn Services to conform to any applicable warranty: (a) you may notify the App Provider and the App Provider will refund the purchase price for the Katy Hearn Services to you (if applicable); (b) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Katy Hearn Services; and (c) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (iv) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to any Katy Hearn Services or your possession and use of the Katy Hearn Services, including without limitation: (d) product liability claims; (e) any claim that the Katy Hearn Service fails to conform to any applicable legal or regulatory requirement; and (f) claims arising under consumer protection or similar legislation; (v) in the event of any third party claim that the Katy Hearn Service or your possession and use of the same infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms; (vi) the App Provider and its subsidiaries, are third party beneficiaries of these Terms as it relates to your license of the Katy Hearn Services, and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof; and (vii) you must also comply with all applicable third party terms of service when using the Katy Hearn Services. As also mentioned in these Terms, you represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
Limitation of Liability.
IN NO EVENT WILL KATY HEARN BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, APP, SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KATY HEARN ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.YOU AGREE THAT THE AGGREGATE LIABILITY OF KATY HEARN TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SITE, APP, AND SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO KATY HEARN FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $500.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS CONTAINED IN THE TERMS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These Terms shall be governed by the laws of the State of Kentucky without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Katy Hearn agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Jefferson County, Kentucky for the purpose of arbitration, litigation, and all other dispute resolution.
Dispute Resolution and Arbitration.
YOU AGREE THAT THIS DISPUTE RESOLUTION AND ABRITRATION PROVISION IS IMPORTANT. You and Katy Hearn Agree to these Dispute Resolution and Arbitration provisions replace and substantially limit, or eliminate, your right to litigate these cases in federal or state courts, except limited grounds for enforcing the arbitration award. YOU AND KATY HEARN AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR KATY HEARN FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
18.1 Generally. In the interest of resolving disputes expeditiously and cost effectively, you and Katy Hearn agree that any and all disputes arising in connection with the Site, App, Services, Materials, or otherwise related shall be resolved by binding arbitration. Arbitration shall occur in Louisville, KY and be conducted by one neutral arbitrator. Arbitration may allow for more limited discovery than court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award, and any court of competent jurisdiction may enforce a ruling by the Arbitrator. Our agreement to arbitrate disputes includes disputes based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT BY USING THE SERVICES, SITE, OR APP YOU AND KATY HEARN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ADDITION TO OTHER RESTRICTIONS AND LIMITS OF LIABILITY CONTAINED WITHIN THESE TERMS.
18.2 Exceptions. Notwithstanding subsection 18.1, we and you both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions related to Trade Secret Misappropriation, Patent Infringement, Copyright Infringement or Misuse, and Trademark Infringement or Dilution through applicable federal, state, or local agencies where such actions are available (“Intellectual Property Infringement Claims”), (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address Intellectual Property Infringement Claims.
18.3 Arbitrator. Any arbitration between you and Katy Hearn will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Katy Hearn.
18.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Katy Hearn’s address for Notice is Katy.Ai LLC, 1900 Plantside Drive, Louisville, KY 40223. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Katy Hearn, may commence an arbitration proceeding. Any action filed in any court shall be required to be dismissed in lieu of binding arbitration in accordance with these Terms.
18.5 Hearing. Any arbitration hearings will take place at a location to be agreed upon in Jefferson County, Kentucky provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules. The payment of all fees will be governed by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.6 No Class Actions. YOU AND KATY HEARN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Katy Hearn agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
18.7 Modifications. In the event that we make any future change to this arbitration provision (other than a change to our address for Notice), you may reject any such change by sending us written notice within 30 days of the change to our address for Notice, in which case your account with us shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
18.8 Enforceability. If any Subsection of these Terms, or a portion of any Subsection, is found to be unenforceable, then that Subsection, or the portion thereof found to be unenforceable, shall be stricken and the remainder of these Terms enforceable unless the stricken section materially changes the intent of the parties. Regardless, if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any action arising out of or related to these Terms.
18.9 International Users. Our websites are controlled, operated, and administered by Katy Hearn from its offices within the United States of America. Katy Hearn makes no representation or warranty that the materials contained within our Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Services are illegal is prohibited. You may not use the websites or export the content or products in violation of U.S. export laws and regulations. If you access our websites from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.
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